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Recap / Law & Order: Special Victims Unit S2 E10 "Consent"

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College student Kelly D'Leah is raped but she does not remember how it happened. When test results come back positive for Rohypnol, the detectives investigate.

Tropes present in this episode

  • Artistic License – Law: Per the New York Penal Code, Article 130, 35.2 states: "A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is incapable of consent by reason of being physically helpless." Cabot tells the suspect he is guilty of third-degree rape.
  • Bittersweet Ending: The guys who raped Kelly are not indicted as the grand jury believes neither knew she had been drugged. The sorority sisters who drugged Kelly do get indicted, but only on drug possession charges. On the upside though, all four are expelled from school for their actions.
  • Fiendish Fraternity: While the sorority is arguably worse in that they masterminded the rapes, it's two frat brothers who actually assault Kelly.
  • Questionable Consent: Wally insists that he had no idea that Kelly was drugged and that she kissed him before they had sex. Cabot doesn't dispute the idea that he was unaware of the drug, but points out that as Kelly was clearly drugged he still shouldn't have had sex with her, and that she never actually said that she wanted to have sex with him.
  • Sinister Sorority Sisters: A college student is drugged and raped. It is discovered that this was masterminded by two sorority sisters who wanted revenge after she unknowingly flirted with one of their boyfriends. They pretended to be her friends and then drugged her. The other sisters are also aware of the revenge plot but are scared into not saying anything.
  • Slipping a Mickey: Tess, a sorority member with a biochemistry major, synthesized GHB and arranged for another sister to slip a few drops in Kelly's drink, leaving her unable to consent to sex.

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