post #5440472 depicts a character who is tricked into having sex via substance_intoxication. It's currently tagged with both questionable_consent and rape, but those tags shouldn't be used together. Which one is more applicable?

that's not statutory rape anyways, statutory is adult w/ character under the age of consent.

that's most likely questionable_consent, as dialogue isn't counted, but it's clear she's not in the right state of mind.

manitka said:
that's not statutory rape anyways, statutory is adult w/ character under the age of consent.

It was my understanding that statutory rape also includes sex under the influence.

that's most likely questionable_consent, as dialogue isn't counted, but it's clear she's not in the right state of mind.

Dialogue is counted when determining consent. Otherwise it would be virtually impossible to definitively tag anything as rape.

beholding said:
Dialogue is counted when determining consent. Otherwise it would be virtually impossible to definitively tag anything as rape.

I think we generally should mainly count the character's own dialogue for that matter.

I'd still go with questionable_consent, here, the character seems to be doing the act willingly but in an altered mental state.

beholding said:
It was my understanding that statutory rape also includes sex under the influence.

No, Manitka is correct. Statutory rape is explicitly sexual activity between an adult and a minor below the age of consent in a particular jurisdiction (between 16-18 in the US, depending on state). Coercive sex under the influence is considered a different type of rape.

Not related to the title but is related to the actual question: posts with sex involving someone unable to consent (US legality speaking)
I tag sleep_sex as rape unless there's context (including dialogue or previous images if a comic/set) that shows it was pre-approved
Hypnosis and mind_control are also usually in that ruling
I honestly don't see that many posts involving or centered around intoxication, but I would usually also treat those the same way
It's another case-by-case thing but odds are that they will have at least questionable_consent unless obvious that it was wanted by both parties

nin10dope said:
Not related to the title but is related to the actual question: posts with sex involving someone unable to consent (US legality speaking)
I tag sleep_sex as rape unless there's context (including dialogue or previous images if a comic/set) that shows it was pre-approved
Hypnosis and mind_control are also usually in that ruling
I honestly don't see that many posts involving or centered around intoxication, but I would usually also treat those the same way
It's another case-by-case thing but odds are that they will have at least questionable_consent unless obvious that it was wanted by both parties

I usually tag them with questionable_consent rather than rape. In real life I would assume rape, but in porn there are lots of weird situations where it can be pre-approved, so I think dubcon is a better default.

beholding said:
I usually tag them with questionable_consent rather than rape. In real life I would assume rape, but in porn there are lots of weird situations where it can be pre-approved, so I think dubcon is a better default.

Yeah I mostly do that, because there often is context. It's very finicky to me

nin10dope said:
Not related to the title but is related to the actual question: posts with sex involving someone unable to consent (US legality speaking)
I tag sleep_sex as rape unless there's context (including dialogue or previous images if a comic/set) that shows it was pre-approved

We don't tag based on legal standing, but by character will/intent. Someone being unable to consent in a legal sense has no bearing on the questionable_consent and rape tags, which is why we don't default to rape for all feral, young, and/or drunk characters having sex (or in some jurisdictions, anal sex, fellatio, etc). There needs to be visual indication that the character doesn't want it. See:
topic #31459
topic #41141

We also don't tag based on other images in a comic/set, every post is tagged on its own. e.g. a character shows they have a penis, no breasts, and no pussy in one post, and get tagged male, then in a later page they look ambiguous, they're not still tagged male but ambiguous_gender.

watsit said:
We don't tag based on legal standing, but by character will/intent. Someone being unable to consent in a legal sense has no bearing on the questionable_consent and rape tags, which is why we don't default to rape for all feral, young, and/or drunk characters having sex (or in some jurisdictions, anal sex, fellatio, etc). There needs to be visual indication that the character doesn't want it. See:
topic #31459
topic #41141

We also don't tag based on other images in a comic/set, every post is tagged on its own. e.g. a character shows they have a penis, no breasts, and no pussy in one post, and get tagged male, then in a later page they look ambiguous, they're not still tagged male but ambiguous_gender.

Sorry I didn't mean to imply that I add those tags because of legality, moreso that was my mental starting place on why it could be considered dubious or worse. I don't add them like that user that got called out in the topic you mentioned, it's just if I see a post that has sleep sex and appears nonconsensual or at least not approved by the recipient, then I'll probably add a tag