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Yet both too drunk to make a reasonable decision….. Just thinking through the terminology used to make civil conviction.

Point 1. Surely if found not guilty by a jury unanimously he is therefore not guilty. Point 2. Point taken.

If in a subsequent criminal case he was found not guilty where would that the civil conviction? I have no dog in this fight I just find the situation unsatisfactory and as another poster suggested can 2 drunk people rape each other?