So by that logic, I can come by your place tonight and steal your car. That's ok. You weren't awake to positively tell me not to. And hey, it was your poor judgement to leave it outside anyway. So I wouldn't be criminal in your eyes, right? Where'd you say you live?
You see, IMHO, her "sex partners" - let's be realistic, her rapists, are criminals. In what twisted universe is it ok to have sex with someone who is passed out? This is the same insane logic that says if you don't expressly and explicitly forbid it, it must be ok. No, that's what leads to warning labels on hammers that say "don't strike body parts with hammer" and others that say "don't use electrical equipment near water.." etc. etc. Really, insultingly dumb sh*t warnings because someone got the bright idea that if it isn't expressly forbidden it must be ok. So liability lawyers have a field day "you didn't say not to ..." Same thing with the stupid "defense" these guys are apparently putting up.
"Rape" is precisely what is being disputed here. Therefore, your "opinion" not only lack humility, it lacks equity. .