What is rape? (long)

[Shangri-laschild]

But what if both parties are under age? Drunk? Too out of it to understand what they're doing?

If Jack is as hammered as Susan, and they have sex, and Susan afterwards objects to the whole thing, thinking she was too drunk to make such a decision, is Jack a rapist or not? I say he is not, anymore than Susan is. Hell, he may have woken up and went "What the hell!!!??!?!" The problem I have is the double standard that basically says that, with everything else being equal, the male is to blame.

From what I understand, while being really drunk does put some of it on you, legally the larger part of the fault lies with the person who initiated it. This is not to say that it ends up working like that and that there isn't a bias against the guy usually. And yes, when both parties are drunk, proving who initiated can be tricky. I'm guessing that unfortunately this is where the unfair bias towards it being the guys fault makes it's way in sometimes.