In Ohio, one of legal age can say yes and take part in sex; however, if it is proven that she/he was under the influence of substances and was in a state where proper decisions can’t be made it is still rape. The same goes for a situation with somebody unable to make proper decisions, like the mentally ill or those with other mental issues. I don’t know if this is the case here, but I wanted to mention Ohio’s revised code.
If the girl has any amount of alcohol in her, she can cry rape after the fact, no matter how enthusiastically she participated at the time.
Yet, if the guy is completely drunk, he is still held completely responsible for his actions.
Yes, I understand the law, and the law is an ass.