What constitutes taking advantage of the victim's inability to defend themselves in the crime of rape?

According to Clause 7, Article 3 of Resolution No. 06/2019/NQ-HDTP, exploiting the victim's inability to defend themselves in rape crimes is understood as follows:

- Exploiting the victim's inability to defend themselves is when the perpetrator takes advantage of the victim's situation, falling into one of the following circumstances to have intercourse or to perform other sexual acts:

+ The victim cannot resist. For example: the victim is involved in an accident, faints, is tied up, has a disability... leading to an inability to resist;

+ The victim is limited in or has lost the ability to perceive or control behavior.

Example: the victim is intoxicated with alcohol, beer, sleeping pills, anesthesia, drugs, sedatives, stimulants, other similar substances, has a mental illness, or other illnesses... leading to the limitation or loss of the ability to perceive or control behavior.

Respectfully!