$1:
Rape is a huge accusation, and I don't think it is appropriate here in the first place, BUT, spreading your legs doesn't always mean consent to everything...
agreed. ..and sorry for the crude analogy. it was a rough way of saying that the 'assault' part was dead in the water. (except for the hiv part: that might be a lockdown on a sex assault charge, but a different sort.)
$1:
But doesn't that go for every rape victim then who has been fed GHB? From what I read, they are out and have no recollection...
not sure. (in this case, i don't think the other woman plied her with alcohol.) in the case of ghb or other aggravated drug rapes: you're right, they're out- completely unconscious. if they are lucky enough to remember something bad happened, they could get a rape kit done at the hospital and catch some dna. i think that's pretty much essential to lock down a charge.