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In doing so, they’ve been forced to confront a host of philosophical, moral, physiological, and practical questions—none of which have easy answers.

One male senior at Florida State University told me, “The only absolute line should be if the victim is completely unresponsive”; a female senior at FSU said, “The level should be at totally sober.” A woman at the University of Chicago said that “any level of intoxication where someone won’t remember their decisions is a clear-cut criminal act” while a male FSU student countered that “I don’t think it’s OK for the drunken male to be threatened with charges if, during the moment, she reciprocated the action.” A female senior at Grinnell College told me that it’s better for both parties to be equally intoxicated: “I think that both people should be at the same level of (un)drunkenness for things to be OK—if you’re tipsy, then I should be tipsy; if you’re sober, then I should definitely not be drunk.” A male senior at FSU agreed, saying, “If one person is drunk and the other is sober, that is not OK.

Jane and John met in their first week as undergrads at Occidental College.

They enrolled in the same freshman seminar, chatted on a field trip, pregamed for a school dance together, and then—on a night when they both claim they were more intoxicated than they had ever been before—they had sex.

John was goaded into chugging booze straight from the bottle in a ritualistic hazing by his new water polo team. the worlds moving,” Jane would text her friends that night. Eventually, both Jane and John removed their own shirts while dancing. When another student knocked on the door to ask if Jane was OK, she responded affirmatively three times.

When Jane ended up lying on top of John on his bed and grinding her hips on him, a couple of her friends pulled her away and tried to lead her back to her own bed. Later, another student opened the door and saw them having sex.

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I’m also not calling back to that old “he said, she said” trope, whereby rape charges are hard to stick because one party alleges that she didn’t consent to sexual activity and the other asserts that she totally wanted it.

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