Yes, that's the way the law works. If you consent and don't remember you consented you still consented. Retrograde amnesia doesn't retroactively remove consent. In the American legal system, numerous appellate court decisions have established that a complainant’s post-incident amnesia or an alcohol-induced blackout is not, on its own, legally sufficient evidence of rape. 1. State v. Doss (Ohio, 2008) & State v. Foster (Ohio, 2020) In State v. Doss, the Ohio Court of Appeals reversed a rape conviction specifically addressing this issue. The court ruled that the complainant's testimony that she could not remember the incident did not prove a lack of consent. The court noted that a person in an alcohol-induced blackout may "walk, talk, and fully perform ordinary functions without others being able to tell that he or she was 'blacked out.'" Therefore, memory loss after the fact is not proof of physical or cognitive helplessness during the act. This precedent was upheld in subsequent cases like State v. Foster (2020). Hope you learned something today 😘