It should be legal consent. You are responsible for your actions. If you get behind the wheel of a car, you are responsible for any damage caused. Likewise with consent. If you can say yes, you should be held just as responsible for the fallout of that choice as any damage caused by drunk driving.
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Shouldn't the other party know that their partner is "under the influence" and take actions that do not put them in a compromising position? Example: Don't have sex with the drunk person?