Consent is a very nuanced topic. LEGALLY speaking: When two people of equal mental capacity engage in sex, it generally comes down to intent and who is the aggressor. It would be hard to prove r*pe. In this scenario, we need more information. We often hear the mantra that "someone drinking alcohol can't consent," but i think that phrase is taken too literally. The truth is that someone who is drinking CAN consent, but it's impossible to know if they ACTUALLY consented because since they were
drinking, they could be impaired, making it impossible for them to consent. It's best to approach this topic understanding that: 1) Being drunk doesnt absolve you from assulting someone. 2) Alcohol blurs the line of consent because it introduces a possible doubt if one consents. 3) Sex within an imbalanced physical/mental state is assault. 4) Assault within an EQUALLY imbalanced mental state mostly depends on intent. Lastly, this is why sex while drinking is discouraged. Bc it's complicated!