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...Then again, the more I think about this, the more some of what Leuke did, does chill me.  IF it was him who sodomized the victim (possible, but again we're not sure if it was another one of the people at the apartment), that surely was not consensual--and quite disgusting from my point of view (but my own feelings are unrelated to the discussion at hand).  If she did pass out and Leuke had sex with her while she was unconscious, as seems to be the case, then even if she had given prior consent, I see the crime as much less forgivable.  If she was conscious after throwing up, and simply cannot remember being conscious (and surely Leuke was also drunk after visiting three bars and not in command of his full mental capacities), sadly I can see the situation being similar to the "three drink" situation proposed in the thread above.  Frustratingly, this all comes down to things that we do not know and have not been released in the paper, but the article does provide a few more details. 
 
This makes me wonder a bit more about GB’s article however.  Was it true that the prosecution felt they had a case (or that the victim wanted to avoid a trial), and thus accepted a plea-bargain?  While the victim’s story may not have changed, could her behavior of “kissing many of the men at the bars,” and visiting three bars with the baseball players be argued legally as tacit consent?  In an age where “ménage a trios” and “hook-ups” are common especially in the college-aged (I suppose I’m just old/old-fashioned), could that have been the message which she [unintentionally] sent and was [mis-]interpreted by the baseball players?  While certainly the guilt lies on the players in this case in my view, I think her behavior might have led the prosecution not to push for tougher charges.
 
Tokyo Jeff