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					Originally Posted by  her_beautiful_mistake
					 
				 
				Sorry - wasn't clear 
 
I meant for eg. 
someone has split up with their fiance that morning, you have sex with them - taking advantage yes, rape no 
someones mother died last night, you have sex with them - taking advantage yes, rape no 
someone is upset/vulnerable for other similar reasons - take advantage yes, rape no 
 
Not being unconscious. Or too high/drunk to consent. 
			
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 Yeah, I figured that was what you meant - it's just one of those where people could get the wrong end of the stick with predictably bad results. That and I'm pedantic which you know anyway.