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The fact that incapacitated people can’t legally consent to sex remains poorly understood, even after two teenage football players were found delinquent of raping an incapacitated girl in Steubenville, Ohio. The confusion is so widespread, says Scott Berkowitz, president and founder of the Rape, Abuse, and Incest National Network (RAINN), that one of the most frequent questions RAINN gets is, “Is ‘date rape’ illegal?” Teens in particular, he told MSNBC, wonder about whether the use of alcohol or the fact of the perpetrator being known to the victim makes it rape. “Because that question is so common, we stopped using that term,” Berkowitz said.

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