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There isn't enough information in those scenarios to say really. How drunk are the people?

If she is really drunk and your sober? Yeah, that's rape. If she's just tipsy, than she would still have here wits about her and can make her own decisions.

If you're both a little tipsy, then the same applies as if just she's tipsy. Neither of your are too drunk to give consent to it's fine.

Now, it gets complicated if you're both really drunk. Technically, under the strictest terms of the law, it's rape. BUT either party could claim that they were raped because they were both too drunk to give consent.

It's an interesting question though.



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I bet that on launch the Nintendo Switch will have no built in in-game voice chat. He bets that it will. The winner gets six months of avatar control over the other user.