Actually, thinking about it, the case we've just had in America. That young woman was also unconscious. She probably doesn't remember being raped either. The two fucking awesome guys going past were the ones who saw the rape in progress. If she doesn't remember it happening does that make it any less of a rape?
Because I get the feeling that's what some people are getting at with Ched. 'Oh, well, she doesn't remember anything and didn't make any allegations'. So, therefore, what? If the footage of it on the phone turned up and showed she was clearly out of it would it be accepted as 'proper' rape then?
Clutching onto 'she didn't actually accuse him of rape' is pretty much grabbing hold of a rape myth and running with it if you ask me.
And I still maintain that anyone spending their time picking apart the case (on many threads, not just this one) and pointing out the holes in it but only wrt to the accused, who is, at best, a complete scumbag who behaved in a predatory manner towards a woman he had never met before, is worrying. To do that as a man, on a female-oriented website where there are many, many survivors of rape and sexually assault is pretty disgraceful.