the law doesn't distinguish much between using force and knowing someone can't consent: http://law.onecle.com/illinois/720ilcs5/12-13.html http://law.onecle.com/illinois/720ilcs5/12-15.html (and this lesser charge is still a class 4 felony if she was passed out...) Maybe you missed the part where I said I know drunk can't consent. But in the law you reference, 1 requires force or threatened force, 2 requires Castro to know that the victim couldn't consent. If he's so drunk, he doesn't remember much of the evening either, what did he know? Hey the law can be pretty strict on this point and maybe it should be. But I've struggled with 2 totally smashed people having sex and the guy being a rapist. Maybe I'm alone in that. Maybe every guy here that's had sex with a drunk woman is comfortable in the knowledge that he's a rapist. I doubt that though. I have a hard time believing he gets charged with something unless he was pretty sober or there was force involved. Anything else and this looks a lot more like a mutual mistake than a crime. i didn’t miss anything, but (despite your parenthetical) you said “I don't recall seeing anything about force” as if this is somehow determinative of whether we're a "long way" from rape. my point is that if he did understand that she was passed out, it’s treated the same as if he had used force. yes, maybe she had magical powers that made her act totally normal while blacked out. or maybe he was ridiculously, ridiculously drunk and somehow couldn’t tell that she was as well. but i think there is maybe an even greater likelihood that he was coherent enough to tell whether she was in a state to consent. if so, he committed a serious crime (and from what you have posted, I think you agree on this). i hope he didn’t, but it’s not like it's some crazy notion. Lack of force + lack of knowledge about how coherent he was + lack of knowledge about what activities they were engaged in + lack of knowledge of whether she was passed out during activities or just forgot some events = a long way from rape. I didn't imply in any way that lack of force alone is determinative of rape. Nor have I implied that rape isn't a possibility. What's the bold based on?