In a situation where a female and male have drunken sex they barely remember if at all, and the woman says she was raped and said "no"?

during sex, could the male fire back an accusation that he said "no" as well but the female would not stop until climax? Would what happen to both people if they are both accused of rape?

Spock (rhp)

the DA would refuse to prosecute either -- lack of believable evidence

Pascal the Gambler

Nothing would happen in a he said/she said with no evidence.


Legally neither party can give consent to sex when drunk, thus if one is guilty, they both are. But in the real world, women are not convictable of rape and men are.


Usually the woman is believed, even if both parties were drunk. There have been recorded cases like this, and it almost always goes to whichever party makes an accusation first (which is usually the woman).