[citation][nom]gm0n3y[/nom]First of all in Canada the legal age of consent is 16 year, so this has nothing to do with statutory rape. Secondly, if she was a participant and not unconscious, then this is implied consent. When I said that she was too stoned to stop it, I meant that she was too stoned to think straight, not that she was unconscious. There are plenty of times when I've gotten drunk and done something stupid only to regret it the next day (though thankfully nothing like this case).[/citation]
Obviously you have never taken drugs because you have no idea about how they affect people. She was not stoned or drunk, she was drugged.
Specifically with date rape drugs.
Now the clue here is in the name. For drugs like GHB, Ketamine or BBenzodiazepine - one of which is rohypnol, more commonly known as "roofies". The main side effects are loss of inhibition, memory loss, confusion, inability to associate actions with thoughts.
Therefore.
If she had her drink spiked with these drugs she could have been gang raped by a football team and not only would she have no ability to defend herself but would also not have much ability to participate in the act other than to sit there in a stupor whilst each guy has a go, also she would likely not have much memory of the attack till the day after.
Even if she took the drugs herself if you see a 16 year old girl who just allowed herself, in a nightclub, whilst obviously out of her mind, get screwed by 5 other guys on camera - would you think it was a good idea to jump on next?
Of course you would, because you are all on the same drugs.
But the next day, when you come down, and realise you and 6 of your mates took turns on someone who was not capable of giving consent and then post the video on the internet?
Being high on drugs whilst committing a crime is no defence, try asking any judge.