Rape requires it to be unreasonable for the offender to have believed the victim was consenting to sex.
You can be sober and still have an unreasonable belief that consent has been freely given - a bit of paper is going to make no difference whatsoever. Your sober witness could also have had an unreasonable belief that consent was being freely given.
Posted By: CWC, Feb 11, 14:32:34
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