Earlier quoted context omitted.
>Drunk consent isn't consent Legally it is. >people leave themselves open to accusations of, and convictions for, rape if they have sex with drunk people. People are always open to accusations. I can't find evidence of a single conviction for someone consenting to sex while intoxicated. Only when causing the intoxication in the first place, without consent, does further consent get negated.
http://www.ndaa.org/pdf/pub_prosecuting_alcohol_facilitated_... references Arizona: A.R.S. §§ 13-1401 and 13-1406; Illinois: 720 Ill. Comp. Stat. 5/12-13; Kansas: K.S.A. § 21-3502; Maine: 17-A M.R.S. § 109; Missouri: R.S.Mo. §§ 566.040 and 566.061; and Wisconsin: Wis. Stat. § 940.225. And claims these as case law for > • Either statute or case law specifically outlaws having intercourse > with a person who is too int…
Is an unconscious person too intoxicated to consent to consent? Most people would say yes, and I imagine the law would concur.
Is a person drifting in and out of consciousness too intoxicated to consent? Most people would say yes.
Is a person who's able to walk, but obviously drunk, too intoxicated to consent? What if you ask them to come to your place to have sex and they agree with a drunken "uhhh yeah uuuhhhh cooool... uuuhhh ok". This is sounding more like real consent but a lot of people would proceed with caution to avoid a bad situation and/or regret.
Is a person who's had a couple of drinks and is exhibiting increased outgoingness and reduced inhibitions too intoxicated to consent? This is where a lot of dates and hookups end up. Most people would say this is OK, but a zealous prosecutor with an axe to grind might be able to make charges stick.
And finally, one presumes that if you're below the legal limit for operating a motor vehicle, you are also able to consent to sex.