It should be legal consent. You are responsible for your actions. If you get behind the wheel of a car, you are responsible for any damage caused. Likewise with consent. If you can say yes, you should be held just as responsible for the fallout of that choice as any damage caused by drunk driving.
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This is where I find things muddy. Personally I feel that if consent occurs when both parties are drunk then that their should be considered appropriate. However if one party is sober and the other is drunk than I feel that the sober party should be held in contempt/be prepared to face the law. [spoiler]i say this as a guy who was on the receiving end of being a victim. And yes women can take advantage of man as well[/spoiler]