[[Bubbles]]

This is both a story idea and a very serious hypothetical question.

A 16 yr old has a crush on her teacher but is the quiet nerdy type. Then she gets that makeover that happens where the average girl takes off her glasses, combs her hair and suddenly she is a bombshell. She gets a fake ID, goes to the teachers regular bar  gets him blackout drunk, sleeps with him and in the morning her father who tracker her phone arrives at the teachers house with the cops  and the teacher is arrested. The question is.... Who raped who?

Was she raped because she was underage?
Was he raped because he couldn't consent?

[rhurac2]

Did he recognize her in the bar?   If not and she was also drinking alcohol, then no reason for him to assume she was underage thus raped him IMO.... If he did recognize or thought she might be a student then that opens entire different can of worms

-rhurac

[SoftGameHunter]

Legally, he raped her because that's how they do it in US courts.

Really, there was no rape going on that night. (At least not with that pair.)

[Army of One]

Good q. As rhurac2 inferred, if he recognised her in the bar, then duty of care did not kick in, and he raped her, although she's not so innocent herself in this either.

If not, then we have a Catch-22, and sadly the law will take her side courtesy of precedent. (See Alisha Dean.)

In either case, it would be interesting to see this play out in a story, and I would suggest taking the courtroom approach for this, so we get to see both sides, along with a little unreliable narrator thrown in for good measure.

[[Bubbles]]

Let's say he didn't recognize her, total makeover, looks nothing like she looks in school, and is in the bar drinking alcohol and feeding him drink...

[LtBroccoli]

That's a very good question, Bubbles.  This would depend heavily on the location, which country and state.  But there are a few major wrinkles here.

1:  The teacher is in a position of power over the student, so any defense against it being statutory rape goes out the window.
2:  The teacher was drugged by the student.  How she got him back home to his place and got him to perform sexually, that's a different story.
3:  The student lied about who she was to not only get into the club, but almost certainly when they met at the bar.  Highly unlikely she opened with "Hey Mr. Archer, I'm Stacy from Bio 2, 4th period.  Wanna fuck?"
4:  Does the girl still have the drugs she used in her possession?
5:  How does she react to to the cops?  Does she play it off as some tale of unrequited love, spin a yarn about how he's been talking to her for a while, or does she play it off like she's the victim?

I could definitely see this as a case that Detective George Lewis (from some of my various stories) would love to sink his teeth into.  If she's in the bar pretending to be someone else, then she would be the perpetrator. Doesn't mean our teacher is completely innocent, but this would definitely make for a good story.

[Master Sergeant]

This is both a story idea and a very serious hypothetical question.

A 16 yr old has a crush on her teacher but is the quiet nerdy type. Then she gets that makeover that happens where the average girl takes off her glasses, combs her hair and suddenly she is a bombshell. She gets a fake ID, goes to the teachers regular bar  gets him blackout drunk, sleeps with him and in the morning her father who tracker her phone arrives at the teachers house with the cops  and the teacher is arrested. The question is.... Who raped who?

Was she raped because she was underage?
Was he raped because he couldn't consent?

And to mess things up further, what if they are both female?  From very casually, accidentally stumbled upon news reports female teacher seduction results in support from various female groups and much lighter sentences, ie sometimes none, than if the 'rapist teacher' had been male.