I'm not here to claim Brock Turner is guilty or innocent. I'm just genuinely confused about a lot of aspect of Brock's situation and the evidence brought forth in the trial. So I want to start a discussion about what happened and what it implies.

As I understand it, the girl was a graduate attending a frat party with her sister. They pre-gamed the frat party with copious amounts of alcohol and continued to consume large quantities of alcohol at the party. Both the girl and the guy admit to dancing and kissing at the party. Both clearly wasted while doing so. The girl's sister leaves her with the guy at the party. After some more grinding and kissing, they leave the party together and fast forward to two guys finding Brock fingering her unconscious body. What happened between them leaving the party and them finding Brock is up in the air. According to Brock's side of the story, they were making out and dry-humping behind the dumpster. At some point, she passed out and he was too far gone to realize it.

Here are a few of my questions to spur discussion:

1.) If they were both engaging in sexual activity and in the middle of those acts, she passes out, does it immediately become rape?

2.) If the situation had been reversed and Brock had passed out while the girl was too drunk to notice, and she had continued to engage him sexually, would she have been convicted of rape? Would the general public say she raped him? Either both scenarios are rape or neither are, yet many threads I've seen are willing to be inconsistent with both.

3.) For Brock to have been charged with rape, the prosecutor needed to prove Brock displayed "intent to rape". If he was too drunk to realize she was passed out or what he was doing, would it even be possible for him to have "intent to rape" at that point? It's like how to be charged with first degree murder, the prosecutor needs to prove it was premeditated and consciously executed. If you're just piss black-out drunk and you shoot some people through the head, you can be charged with a fuck-ton of crimes, but first-degree murder can't be one of them because the charge implies conscious intent. Likewise, rape charges imply intent.