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That's not at all what I was implying. Does rape occur where alcohol is factor? Absolutely, no question about it, and it is just as wrong as rape where no alcohol was involved. What I was replying to was the notion that if someone is drunk, even if that means legally drunk at .09 BAC, does that automatically make it rape regardless of how much consent they gave simply because since they met some definition of drunk and therefore were in fact unable to give that consent to start with. My personal answer to that is no, and it appears the law thinks so too. A woman walks into a police station one morning and says I was raped last night. Talks to a detective and relays the story she was at a bar with friends, had three drinks in about an hour, then left and walked to her apartment two blocks away with a guy from the bar and invites him up for sex. The next morning she is horrified telling her friends that she can't believe she ever would have agreed to have sex with that guy because in the stone cold sober light of day he was hideous, a total ass, married, or whatever. That case is not going anywhere, nobody is going to be charged. Could she have legally driven those two blocks to her apartment? No. Was she unable to give consent to something even though she later severely regretted it? No. Change that story to eight drinks in two hours, staggers out of the bar barely conscious being held up by the guy, and next morning wakes up in her apartment with physical evidence of having intercourse but can't remember exactly what happened. That one might get a little more interest from the police, but still unlikely to go anywhere. Did the guy act morally in that case? Probably not, but personal morality and the law often don't match up. I think the problem with this from a legal standpoint is if being under the influence of alcohol absolves you of legal personal responsibility of your actions, consent in this case, then why doesn't it absolve you from legal responsibility in other actions, say deciding to drive a car, Alura's example of the bar incident, or any of the other stupid decisions people make when drinking? Again, I'm not trying to blame the victim, because in some cases they truly are a victim based on my personal belief system and also the law, but just because there was some level of alcohol doesn't automatically make them a victim. Honestly, it's just not something I worry about. If someone is showing signs of being so drunk that I would have any question, then like others have said, I'm simply not going to be interested in sex with them to start with, so problem solved.