Odgical said:
Okay... you're playing a character in a specific storyline. You have no choice in this until the very end. The question is whether or not Jason, not you, would have consented to sex with Citra had he not been hallucinating. Judging from his reactions, I would say he would have. Upon returning to consciousness he did not revoke consent and on an important sidenote he willingly took the hallucinatory substance. Did she know he would have consented? Hard to prove either way. I think the story would have been very different if she had penetrated him and I think it would have been different had Liza woken up to sex with a man.
Luckily, he wanted to have sex with her so my delicate mind need not think about matters further.
That's not how consent works. An intoxicated person can not give consent, plying someone with drugs then having sex with them is morally and legally rape. What he
might have done had he not been hallucinating doesn't matter, he was never given the chance to properly consent beforehand so we don't know what he would have done. Even if he willingly took the drug that doesn't mean he wanted her to have sex with him, we don't know what he wanted.
Frankly those same kinds of excuses are used in the real world as victim blaming tactics.
...Ah! But I see you responded to this before!
Odgical said:
1-(1) A person (A) commits an offence if?
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
From http://www.legislation.gov.uk/ukpga/2003/42/section/1
Rape isn't rape when it's female on male from a legal perspective unless it's penetrative. Have we now cleared this up? You're on about sexual assault or trespass of the person. Why is it only rape when it's penetrative? Because you're invading someone else's body unconsented, I assume. That's quite a big deal.
We don't all live in the UK. According to US law:
(a) Rape.? Any person subject to this chapter who commits a sexual act upon another person by?
(1) using unlawful force against that other person;
(2) using force causing or likely to cause death or grievous bodily harm to any person;
(3) threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping;
(4) first rendering that other person unconscious; or
(5) administering to that other person by force or threat of force, or without the knowledge or consent of that person, a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of that other person to appraise or control conduct;
Source. [http://www.law.cornell.edu/uscode/text/10/920]
Even if where you come from it's not legally rape, it's still morally rape since it's a sex act he didn't give consent to.
Odgical said:
I'm saying he woke up from being sexually assaulted during the middle of it and wasn't phased at all, not one bit, as in Jason isn't going to be pressing charges because he's cool with it.
Rape is one of the most under reported crimes, with only one in three victims reporting the crime to police (Source [http://www.jstor.org/stable/20111915]) that number is likely higher among male victims of rape. Just because Jason doesn't press charges doesn't mean it's not rape.