It's also becoming an issue because they specifically were looking for McDonald to have asked her if she consents to sex basically, he took her initiating contact as consent.
The vast vast majority of sex is simply a progression of contact, no specific asking if they consent, its madness to assume that is required. IE a girl you're with, who went to your hotel willingly, who asked to get in the cab with you, takes her clothes of, pulls your wang out and goes to town on it.... but because you never specifically asked her if she wanted sex, it can be taken as no consent given... insane.
People could go around getting people drunk to have sex with them "in a bad way" but I guess most people do that to a degree anyway, not in a bad way, people just drink on a night out, loosen up and loads of people end up having sex. if someone is concious and talking with really any sense you can't tell exactly how drunk someone is. I know I've had conversations with people and walked home and the like utterly black out drunk. Sometimes people pass out or are slurring, so incapable of standing up its obvious they are out of it, just being drunk and stumbling around a bit doesn't in any way make it obvious they are "that" drunk, especially if the other person is pretty drunk themselves.
In no way, at all, does a girl invite herself to be raped by going out drinking with friends, but getting black out drunk has consequences, not being raped, but, almost everyone I know has done or said things they regretted and wouldn't have said sober, not that they wouldn't want to just they would have more self control when sober. The idea that a man is going to jail for rape, essentially because she got too drunk and very possibly, if not more likely, simply acted in a way that wouldn't normally be her... is insane.
Also fully agree on there being lesser charges, this guy has instantly been branded on every news site, every newspaper, all over the web as "rapist Ched Evans sent to jail", etc, etc. Should it be fair that someone who attacks, bruttally beats and rapes multiple women gets called the same thing as a guy, who is accused of having sex with someone who probably didn't tell him no, but MIGHT not have been capable of saying no, gets called and treated the same?
I think that is one of the biggest problems with this case, even if she wasn't capable of saying no, she wasn't a mentally handicapped women he came across walking home and prayed on, this was a normal woman, who could have been talking perfectly coherantly when he met her in the room, where it was impossible to tell she was as drunk as she was? Even if she wasn't capable, there is no way of actually knowing that for the men involved. Without knowing exactly how drunk she was acting, its impossible to say, and without knowing how drunk they were, we don't know if they could have realised it either.