See the original post below: Nobody is safe anymore these days. According to news sources Ed Sheeran is being hit with a $20M copyright lawsuit over his song âPhotographâ. Matt Cardle is claiming a strong similarity in the chorus of his song âAmazingâ (2012) and Sheeranâs 2015 track âPhotographâ. Have a listen to both: Ed Sheeran - Photograph (2015)
If a person is SO drunk that they CANNOT give consent (i.e. they don't understand what is going on, they can't speak, run or fight, etc.) and the other person has sex with them knowing that they can't give consent or say no, then yes, it's rape.
The plaintiff's consent to the defendants actions or conduct is a defense to a suit for any intentional tort. There are two general types of consent that can be given; express consent and implied consent. Express consent is when the defendant actually says that he is willing to submit to the plaintiff's actions. Implied consent is inferred by the plaintiff's conduct. See OâBrien v. Cunard 28 N.E. 266 (Mass. 1891). For Example: Paul willingly takes part in a tackle football game.