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Unable to give consent is considered rape under (US) law. This applies to being too drunk, too medicated, unconscious, mentally retarded, whatever. Forget this "she didn't say no" shit. She has to "say yes" in advance or else it's possible for her to lay a rape charge. The original poster has an interesting question. If it were real, the law would consider this rape. So is this fantasy rape? Likely, depending on the context. I personally don't think fantasy anything should be illegal, especially with the doublestandard of what mainstream can depict vs what we're allowed to show, but under the current law it would make me nervous.
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