What I have a "big problem" with is the legal theory claiming "consent" is a notarized form, signed in triplicate, just prior to coitus.
Consent requires being aware and having full faculty. The girl, CLEARLY, WAS NOT IN THAT STATE.
There is no way that a person who is described as being “dead” can give consent. As I understand it, the legal argument used was that she hadn’t said “no” so it couldn’t be rape. The implication being that the default setting is “yes” and unless a person physically says “no” they are consenting.
If you use that rationale, then children who are considered impaired by youth (thanks for the clarification, Springfield Reformer), don’t have the ability to say “no” so the default setting would be “yes”.
Do you believe that a person who is physically unable to say “no” is automatically consenting to have every imaginable sex act done to her in public and posted online?