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We had a group come on campus one year distributing information about alcohol safety and their rule of thumb (which aligns pretty well with what I've been able to find of court cases) is that if a person is still able to be ENTHUSIASTICALLY involved and responsive, then he/she is consenting. If the person has reached the point of nonresponsiveness, physical illness, or other physical signs that he/she isn't aware of what is going on THEN it is sexual assault/rape. A person who drinks knowingly enters into a state where inhibitions are lowered. Just like a drunk driver is responsible for killing someone, a drunk fucker is responsible for fucking someone. Personally, I'm pretty on board with that. Drunk people are quite often fun, so as long as I don't have previous knowledge of them either having a rule against screwing me or a preference against getting involved with me for some other reason, I'm going to enjoy myself if they proposition me and I'm attracted to them. There are other non-physical turn offs that a lot of drunk people exhibit (language/respect issues, the smell of alcohol, etc) that may make me not attracted, too, but I wouldn't feel morally or legally liable for having sex with someone who was enthusiastically having sex with me, unless they'd been drugged or otherwise affected by something that they were not aware of (as opposed to strictly being drunk which they knowingly did). On another note... What about guys who sleep with women they normally wouldn't (we've all seen it in movies if not heard stories/experienced it in real life - "I got SO wasted last night then when I woke up this morning there was this ugly woman in my bed! I can't believe I did that!" kind of thing)? Was that guy raped since the unattractive woman took advantage of his drunkenness to get her some? Personally, I like having a few drinks now and then. I know perfectly well, though, how I get when I'm drinking so I won't do it if I'm going to be around someone(s) I don't want to screw OR hubby is with me to make sure I don't do anything stupid. Would I call rape if I had sex with someone I normally wouldn't have? It's happened, and heck no it wasn't rape. It was ME making a decision that I wanted to have sex because I was drunk and horny.