I am NOT condoning rape, but there is a difference between rape and regret. Lost of young niave girls get drunk and say yes when “they are sure they would have said no!!!”
There is something odd about the way society handles the notion of responsibility while *willfully* intoxicated.
Unwittingly intoxicated is a different matter. There is a good argument that the fraternity that spikes the beer with grain alcohol so a girl who knows she can hold two beers without getting drunk is bloto after one, and whose members use her intoxicated consent to have group sex, is indeed, collectively and individually guilty of rape.
On the other hand, there is something very odd about holding that a drunken driver is resposible for his or her actions, while a drunken coed is not responsible for the ‘oh, yes’ whispered to her (over) eager paramour.
One could produce a quite sensible legal framework for dealing with intoxicated behavior from the maxim that a person is responsible for all actions taken while wilfully intoxicated, as if that action had been taken with full intent.
On the other hand, the person who caused unwitting intoxication in another should legally responsible for the actions of the other while intoxicated.