yes Ashvini, but we have to understand laws are also made according to the culture of that particular place, like in India if a man has se* with the promise of marriage and then refuses, girl can withdraw consent from this case. This case is considered as consent taken by fraud, so case of rape.
Now, for men except few countries like Scotland they do not even recognise that a man can be r*ped. Specially south East Asian countries.
Here let’s say if it was a woman even then if she gave the final consent, she will also have to prove that consent was taken fraudulently. And in some cases even for girls it becomes very difficult to prove. Because ultimately consent was given specially if both parties were drunk.
Now capacity of alcohol, how much alcohol was consumed these are points of argument but still establishing it was r*pe (even in case of girl) is debatable.
But would reiterate dr*gs is a different case.
PS:- I would like to add saying he had put himself out there by being present in that party and still continuing to drink, so that’s his fault is not right. It’s like telling a girl, hey you got mol*sted because you were walking alone in the dark or you were wearing short clothes.
The bold part in your comment is what I was exactly trying to put it out there.
Plus with my limited knowledge of biology and men in general, it's physical nature of men to get excite real fast. Women do retain some sane part even if drunk but men have a hard time of it even when they are sane. I am not giving any excuses for them but it's my general observation. So when his body gave in but his mind didn't how can we call it consensual.
Remember that aitraaz scene, when Akshay's character also gives in for a moment but the. Realises that and walks away. But he was fully sober at that time still he gave in for a moment. Here Arnav was in a state where he was having trouble getting the phone out, he was not realising what lavanya was saying, so u have to doubt that his consent was not given. If we call out emotional infidelity then here his conscious consent was not given too. That's why I am having hard time to consider it was consensual
51