Basically it has to do with consent. Did you give it, or were you able to. In the United States, if you're not able to give informed consent due to inebriation or unconsciousness, then it's rape. The case of the gal who got drunk and then encouraged a gang bang, later crying rape would have been prosecuted here. Even if she's actively encouraging guys to fuck her, if she's drunk she can't give informed consent. Thus, it's rape, at least as I understand how the laws work here. Savage woud be able to give a better explanation than I.
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