system
Given the following post, respond as if you're commenting on Reddit:
human
CMV: Drunk people CAN consent to sex

It seems common now to say that drunk/intoxicated people cannot give consent. This seems like an absurd claim to me for a couple of reasons.

1. We hold drunk people accountable for their actions in all kinds of scenarios. If a drunk person chooses to get behind a wheel and drive they are legally responsible for the fallout. If they get pulled over, or God forbid kill someone before their able to be pulled over, they go to jail. The fact that their judgment was impaired due to alcohol does not exonerate their responsibility for their choices. 

Yet, if a person drinks the same amount of alcohol chooses to engage in sexual activity then they cannot give “true consent” and they're not responsible for the actions they choose to engage in? That seems widely inconsistent to me. If a drunk person is responsible in their choice to drive under the influence then a drunk person is responsible in their choice to engage in sexual activity under the influence. The regret of either choice after the fact doesn't negate their responsibility for the choice in the moment.

2. Imagine the insanity if this were true. A happily married couple pops open a bottle of wine gets tipsy and heads to the bedroom. Now, under this belief system they are both rapists (cause they had sex with a drunk person) and rape victims (cause someone had sex with them while they were drunk). 

That’s not to say this is a scenario where they are likely to be arrested or prosecuted (due to the improbability of them reporting each other), but if you believe that a) drunk people can’t consent to sex and b)sex without consent is rape, then logically you must believe the married couple are both rape victims and rapists.

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Ultimately, if an intoxicated legal adult, who is awake and conscious, is enthusiastically engaging in and consenting to sexual activity that should be considered consensual sex.

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Edit:
So, my view has shifted slightly here is my slightly edited take if someone’s still wishes to try to CMV

Ultimately, if an intoxicated adult, who is awake and conscious, is enthusiastically engaging in and consent to sexual activity, **and would do so also if sober** that should be considered consenual sex.
gpt
This obviously depends on "how drunk?"

Clearly you can still consent after a glass of wine.

Clearly you cannot consent if you are slurring speech/passing out. 

In the intermediate cases, in the absence of a clear answers, it's better to play it safe.