My girlfriend was drunk at a party and said she was taken advantage of. Everyone there said she wanted it and initiated it but she doesnt remember a thing. Since she was a minor and highly intoxicated she was not able to give consent i believe.. because when your tht drunk you dont know what your doing. also she lost her virginity. was this a rape.?
If she is a minor and was not in a state where she could give consent, she was raped.
Prosecution under these circumstances are however very difficult and seldomly ends well for the victim. She should get at least tested for pregnancy and STDs.
I would say if she was very drunk and someone had sex with her that in a court, there is a pretty good chance they would say it was rape. However, its also a crap shoot to know what a jusy would rule. It would depend upon the circumstances such as, did the perprator know she was too drunk to say no and other details of what happened.
If she was a minor and too intoxicated to give consent then yes, technically it was rape, but I agree with phillydog, if you decide to take it to court, you will have to account for all the variables involved in the incedent.