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Also by Korean law if a guy have sex unconscious girl it's not a rape since there was no 'violence or intimidation' in the act. Would you agree with it?
And about the fact that men are stronger than women: when man is drunk he might be even weaker than woman because he does not have much control over his body. When you are drunk you feel like your body is twice as heavy. You can barely stand, so there is no way you could fight.
We also need to take into account her state and the motive of her actions: a sober person 'having sex' with someone so drunk.
Truth to be told the scene was REALLY badly captured: it's impossible for him to be not drunk enough to be able to be on top of her and 'take the lead' but at the same time not remember anything next day. Because if take into account he was on top for some time you can argue it was not rape, but if you think about the fact HOW MUCH he was drunk and he definitely had no clear idea what is going on: it could be seen as a rape.