Everybody has had sex that went clumsily, or embarrassingly, or regretfully, and most people have had drunken sex, too, and it’s horrifying to imagine that the next day you could be accused of rape (or you can replace “accused of” with “find out that you actually committed,” because that is a possibility, too).
But it’s comparing apples and oranges. EVERYBODY KNOWS WHAT A CONSENSUAL SEX PARTNER LOOKS LIKE. Even if you’ve never sat down and really thought it out, you know, because you don’t want to have sex with anybody who isn’t. This isn’t just a “no rape” moral button, but normal human beings don’t want to have sex with people who hate having sex with them. It feels bad. The only people who like that are rapists.
A consensual sex partner is active, engaged, happy, excited, reaching out to grab at you. If you were having sex with somebody who didn’t want to have sex with you, YOU’D KNOW. A “misunderstanding” in consensual sex looks nothing like rape. Drunken consensual sex looks nothing like rape. Nobody who isn’t a rapist is going to mistake consensual sex for rape, because nobody who isn’t a rapist wants to rape. Rape is fundamentally so different from sex, because it involves having sex with somebody who is not engaged, not active, not touching you, not happy, not excited, not liking you, not liking your body. Normal people do not want that. They do not pursue it. They avoid it, if sex starts edging that way. If you were having sex with somebody, and they were unengaged, lying still, not touching you, not moaning, staring at the wall, flinching, or just completely passed out, YOU WOULD NOTICE THESE THINGS. And if you were a rapist, you’d keep going, because that’s the kind of sex encounter you want. Somebody who wants a consensual sex encounter does not keep going when sex becomes nonconsensual, because it’s not sexy. There is no way to “oops” your way into rape unless you like having sex with somebody who hates having sex with you. You can have sex that gets wacky or you bump them in the eye or you pinch them and they are like, “uh, no, I don’t like that,” but throughout all the drunk or regret or accidents that can happen during sex, your partner is still engaged and actively trying to sex you if it’s consensual sex. That’s not rape. Rape may involve sex, but eating rusty nails involves eating: that doesn’t mean we call it dinner. You would notice if you were eating rusty nails; you wouldn’t mistake it for real food or enjoyable food. There is no way to accidentally shove that shit in your mouth. You would only do it if you wanted to.
I think (total presumption here) that when your friend is talking about drunkeness or mistakes, he’s imaginging perfectly reasonable things. He’s thinking, “What if my best friend’s girlfriend and I have sex and then later she feels bad for cheating?” Or, he’s imagining, “What if I’m at a club and there is a super drunk girl I like and she drags me back to her house where we have wild energetic sex all night?” That’s sex that’s a mistake. That’s drunken sex. That’s not rape, and women don’t call that rape. If your friend thinks they do, he needs to check out the stats the government puts out about false accusations: women falsely accuse men of rape at the same rate that (surprise!) people falsely accuse other people of any crime. It’s somewhere in the range of 1%-2%.
He’s assuming that everybody has this definition of mistakes or drunken sex, but rapists don’t. To a rapist, sex that is a mistake is a girl who was flirting with you and doesn’t scream and run and hit you when you rape her — obviously she wanted and deserved it because she was flirting, and that’s what he’ll say to make bystanders call her a liar. Bystanders will believe this, because they’re imagining what they think “mistake” means instead of realizing what definition the rapist is using. To a rapist, drunken sex is spiking a drink or finding a girl who is voluntarily so drunk that she’s blacking out or passed out and raping her while she’s unconscious or unable to move. She’ll call it rape, he’ll say “she was drunk!” and bystanders will think about the times they’ve had drunken sex with a consensual partner, and how HORRIBLE it would be if they were accused of rape later, so obviously THIS couldn’t be rape, never realizing that the rapist has a very different definition of “drunken sex” than they do. A rapist and your friend could have a conversation about mistaken sex and drunken sex and think they were talking about the same thing, but your friend would be talking about active, engaged, consensual sex, and the rapist would be talking about sex where the woman wants to die.
The fact that your friend thinks it’s possible to “accidentally” rape a woman is a perfect illustration of “rape culture,” and how his life and ability to reason has been damaged by it. This is why your school is creating these new resources — because otherwise intelligent and probably well-meaning people like your friend are walking around under the impression that rape can ever happen by accident. If he were to examine his own personal sexual encounters, it would be obvious to him that consent was given and maintained throughout, and that it was OBVIOUSLY there — no questions, no confusion, no difficulty ascertaining. It’s not a fuzzy concept — it’s a girl who is active and engaged and enjoying what’s happening. He would probably also find the idea of having sex with a woman who isn’t active and engaged and enjoying what’s happening repugnant. He could not accidentally have sex with a girl who was reacting that way, anymore than he can accidentally eat nails for dinner. He would know there was something wrong. Only rapists can have sex with people who do not want to have sex with them. Only rapists can enjoy sex like that. Only rapists can look at a person who is unengaged and dissociating from sex and say, “Oh, she’s just regretting it.” Normal people — non-rapists — they know what regret looks like. It looks like a girl calling you the next morning and saying, “Yeah, we can’t ever do that again, you’re really nice, but I don’t know what I was thinking,” and then looking a little embarrassed every time she sees you in public. When rapists say, “She just regretted it,” we’re imagining the concept of regret we have in our minds. But that’s not the definition the rapist is using, and it’s testament to how badly rape apologism has fucked your friend up that he, a reasonable fucking person, couldn’t see through that shit without a careful explanation from a third party.
As for resources, I would recommend the Feministe article on Predator Theory, and the research behind it. This shows exactly what I’ve been saying, and then some. Rapists specifically target women with whom they can use these pre-made excuses — drunk! regretted it! — because they know that people like your friend will support them and consider the woman to be a liar. When your friend says this shit out loud, a rapist is going to hear him and think they are BFFs. And that rapist is going to feel perfectly comfortable raping any friends of his who ever get drunk, because they already know that your friend thinks that’s okay.
You could put it this way. “If I got drunk and somebody raped me, would you tell me it wasn’t rape?” If the answer is yes, then this is easier: this guy isn’t your friend anymore. If the answer is, “No, of course not!”, then you can tell him, “So stop saying this shit out loud. If you want to believe it, in your head, fine, your head isn’t my business. But when you say these things out loud, rapists hear you, and they’re going to think I’m a good target. They’ll think that if they get me drunk, you’re going to call me a liar, because that’s what you say out loud. Women who are drunk aren’t getting raped because they’re drunk — they’re getting raped because guys like you go around saying drunk girls deserve it, and a rapist realized he could rape drunk girls and get away with it.”