Scenario 1) A woman is walking home alone late at night. An assailant, whom she does not know, attacks her and drags her kicking and screaming into some alleyway and the holds a knife to her throat and tells her that he will kill her if she screams out. She does everything she can to resist, but is simply overwhelmed by fear and the assailant's superior size and strength. Scenario 2) A college junior and sophomore - both over age 18 - are at a party and both have been drinking a bit. Both are tipsy but still coherent. I'm thinking .12 BAC. They each willingly sneak off into the girl's dorm room. There is no pressure or coercion on the part of either one of them. In fact, if anything, the girl is being the aggressive one. Now, believe it or not, the man in scenario 2 is guilty sexual assault and he is guilty of raping the woman. But is it really the same thing as scenario 1? Legally or morally, do we really want to consider those 2 scenarios the same?