If we start saying that drunk sex is rape and that you can't consent no matter what your level of intoxication is, then the already low birth rates in western society will plummet to fucking zero and everyone will be living alone.
I don't think I know anyone who didn't start off their relationship through a night of more-or-less drunken sex.
Can intoxicated people easily tell who else is intoxicated? The confusion probably is in there somewhere, when both the victim and the perpetrator are intoxicated.
"In order to maintain a tolerant society, the society must be intolerant of intolerance." Paradox of tolerance
1. Getting drunk is entirely your fault. That choice will deny you the option to not give a consent.
2. They were both drunk. Nobody of them could give a consent. In normal circumstances, he would probably be sentenced for "raping" her, which is stupid.
But:
3. Being drunk doesn't absolve you of a crime.
4. She was blacked out, the boy is stupid and should be jailed. He could clearly fucking see that she's blacked out.
The moment that alcohol touches a woman's lips she is no longer able to consent to anything. So anything that happens to her is now considered rape. Men, you can be in a freaking coma and it won't be considered rape because guess what. Captain Happy is standing tall, clinically brain dead but men will always be able to consent. That is what these people want you to believe, this is the future we are heading for.
If both people are drunk, how can you say 1 of them is responsible for consent. You would have to charge them both with rape.
Is it seriously that hard to figure out that consent has to be meaningful? If people are drunk, their consent isn't meaningful.
Stories like this have a pretty simple take away...your first time having sex with someone probably shouldn't be while either of you is drunk.
Another tip is, if you have to ask someone 5 times, it's pretty clear at least one of you doesn't think it's a good idea.
I don't even accept the ethical standard that you can't consent while drunk, though there may also be a legal one. We hold people who are drinking accountable for basically every other decision they make with the exception of ones related to sexual contact.
Originally the argument wasn't even that someone was drunk, said yes, and then found out later they had sex they didn't want to have, it was that people were so drunk they weren't even awake enough to say anything and someone had sex with them. Those arguing against my point will claim that 99.9% of these cases are the latter but according to almost every anecdote they are the former, and they are trying to argue that the "saying yes while drunk" cases are in reality the "Passed out and completely unconscious" cases. Its a case of the most insanely moved goalposts.