The teenager is 17, legal age of consent is 18 where they live
The teenager is sober, the adult is drunk well past the point of consent.
Who gets convicted?
It depends on if the minor was the male or female ;)
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Was it a consensual style of sex or did the sober teen force the adult down and -blam!- the adult? Just because they are 17 doesn't mean that they can't be convicted of -blam!-.