Originally Posted by FLMountainMan
I'd be curious. The rape the woman describes sounds pretty forceful, the physical sort of rape we see depicted in so many movies. I'd estimate the "false reports" of this are relatively low as a) the woman has likely watched enough Law & Order to know it's going to be tough to create (and prove) a consistent story and b) you really have to hate someone to fabricate.
Things like "being roofied" though, are usually bunk. For example, one Australian study found that fewer than 20% of women who reported being roofied had any trace of drugs in their system (including marijuana). Of course, if a girl is so drunk she feels like she's been roofied the next day, you pretty much are raping her as she lacks the ability to give consent. What complicates the ethics is that typically the other partner in this scenario is also so drunk that he's incapable of making his own good decisions.
From what I read of her account, you can't tell what happened and there is nothing to indicate she was coerced with force. In fact, even she can't tell what happens (or doesn't). According to her account, he gave her a beer and then she remembers nothing until she woke up naked. She then went home and concluded she was raped. Certainly, if he drugged her unconscious, then she was raped regardless of whether she was forcibly coerced (or you could just as easily say that is forcible coercion). But 1) she doesn't accuse him of drugging her, maybe because 2) it doesn't sound like she got a drug test to verify she was drugged.
Also, she says she woke up "in pain" but it isn't explained how or why? Is that from the (rough or first) sex, or from being tossed and dragged around while comatose, or because she was so drunk she fell down a flight of stairs.
BTW, the point you make about the issue of rape when both partners are drunk is an interesting one. I am not sure how you apportion responsibility when two people are very dis-inhibited (effectively, reverting to ungoverned ids) so that the man becomes more aggressive than usual, but perhaps as aggressive as his body wants him to be, and the woman becomes more receptive than usual, but perhaps as receptive as her body wants her to be. Maybe the solution is to keep them perpetually drunk so they are always happy with the outcome (Harvey will like this).