guys, is it SA if they were both drunk as fuck (like, genuinely curious). but also, this ...

This is what I heard from an actual sexual violence prevention worker. In short it depends. But in this case I do think it is sa because one person was more wayyy tipsy than the other and the redhead (who seemed more sober) took advantage of him. So I’d say yes in this case.

yeah that makes sense... I'm never trusting yaoi manhwa authors again

idk tbh bc 0.11 is pretty high but idk what eunohs tolerance is, like he seemed capable enough to tell the time, author shouldve written him drunker

This is complicated (I am a lawyer). Depends on whether you’re defining it legally or recognising through personal view/interpretation. Legally it depends on the laws of the country. In mine, men cannot be raped, so this is an inane question (yes, it’s fucked up). SK from what I’m reading rn has gender neutral rape laws. Also, Intoxication is a mitigating factor when trying someone for crime in many countries.

I decided to look at the 2021 sentencing guidelines (made by a commission affiliated w their Supreme Court) and the criminal act of SK and it was provided that intoxication should not be considered as a mitigating factor unless the mental state at the time of committing the crime constituted the same as ‘those with mental incapacity.’ We know eunoh was in plenty sound mind, and the act was a deliberate undertaking following a skewed interpretation of what his drunk sunbae said to him.

Question now becomes if (and I cannot believe I’m typing this) nonconsensual oral sex constitutes as rape in Korean law. A cursory reading of their criminal act may indicate either imitative rape (depending on how they interpret the word ‘instrument’) or quasi-rape (depending on how they construct/interpret sexual intercourse).

Tl;dr would not be rape in my country, would probably be rape in South Korea if law there works as is written in the statutes. (Another complication is which language of law is given precedence (I bring this up bc in the English version of the sentencing guideline quasi rape can only be committed against women (which may be a reading of the kr version of their criminal laws), whereas the framing itself, or atleast its English translation, is gender neutral). If the quasi rape article in korean is gender specific then it does not apply.)

Per personal interpretation, it varies person to person. Do I think it was sexual assault despite not being one acc the laws of my country? Yes. OTOH even legal professionals from other places and many people would not consider it as such. I’m a big fan of the story except this story beat because it is imo sexual assault played for laughs, but there are those in the comments who do not believe it is assault and therefore are able to laugh along. Like I said, personal interpretation.