Was Bristol Palin date-raped?

Sarah Palin's daughter says she was too drunk to remember having sex with Levi Johnston on that fateful night five years ago — raising questions about consent

Bristol Palin, seen here with then-fiance Levi Johnston
(Image credit: DAMIR SAGOLJ/Reuters/Corbis)

In her new memoir, Not Afraid of Life, Bristol Palin writes that Levi Johnston, her ex-boyfriend and father of her son Tripp, "stole" her virginity in a wine-cooler-induced haze — even though he knew she wanted to wait until marriage to have sex. Palin says she isn't accusing Johnston of date rape, but, under Alaska law, a man who has sex with a woman who is "incapacitated or unaware" of what's happening is committing second-degree sexual assault. (Johnston has not commented on Palin's version of events.) Does the encounter, as described by Bristol, qualify as date rape? (Watch an NBC discussion about Bristol Palin's revelations.)

It certainly sounds illegal: Bristol might not be directly accusing Levi of a crime, says Jessica Valenti at The Washington Post, but consider her story. She says she got so drunk on wine coolers during their camping trip that she didn't remember having sex, and then later angrily confronted Johnston, saying, "How could you?" If Palin's story is accurate, what "she appears to be describing is a non-consensual — and likely illegal — assault."

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