Which by definition means she was either incapactitated of passed out. If she had been able to say yes, it doesn’t matter how much she had to drink, she would have been able to give assent.
“Unless this is a case of drink-spiking, she voluntarily diminished her own free will with the use of alcohol. She made her decision at that point: it’s too late for her to complain about it now.”
Unless a woman says yes, it is rape. The fact that she voluntarily put herself into a condition where she could not say no has no bearing. One is not allowed to take advantage of women who are helpless, regardless of who made them helpless.
If she said yes, and has since changed her mind, then I agree there is no rape. In this case she said she was too drunk to give assent, which I took to mean she was too drunk to say yes. If that is the case then she was raped.
“In this case she said she was too drunk to give assent, which I took to mean she was too drunk to say yes.”
Are you saying the her claim of being too drunk means she actually was too drunk?
Where is the evidence that she actually was too drunk. We can’t take her word and put a person away on it.