ABSTRACT

How are we to account for this remarkable oversight? When one stands back from the film’s viewpoint and surveys the facts of the matter, there is no question that Benigno rapes Alicia. She is, after all, in a state of profound and purportedly irrecoverable unconsciousness; she is unable to give consent to anything, including sex. When a woman passes out from drinking too much and a man takes advantage of her unconscious state to have intercourse with her, that counts as rape, not because he used force but because she did not consent. It does not matter whether she is his girlfriend or a stranger, whether he loves her or takes care of her; to have intercourse with someone without her consent is to rape her.