system
Given the following post, respond as if you're commenting on Reddit:
human
I don't think it is rape (usually) when one person is impaired (drunk, drugs, etc)... CMV

Having been, what society defines, "raped" by a friend of mine while we were both impaired I have a hard time believing that I was raped or that some people are raped because they were impaired. Granted if they are obviously intoxicated and the other person is aware of the other person's impairment I still believe that it is assault, but I don't think you can always know when the other person is mentally impaired, and that situations like this should not be treated as severely as violent rape. Give me a reason to CMV.
gpt
It isn't about whether the victim is responsible for their actions, it's about whether the rapist's actions were predatory. Would you say that rape by deception shouldn't be rape because it is the victim's responsibility to verify the identity of the person they are having sex with before they consent?

If a case like this is brought to trial the jury is not tasked with determining if the victim had passed a threshold where they are no longer responsible for their actions. Rather, the jury is tasked with determining if a reasonable person in the defendant's position would have known that the victim's consent was not genuine and that they therefore acted either recklessly or maliciously. The jury has to unanimously agree that the case is so clear cut that there is no way a reasonable person could have failed to correctly assess the situation.

This is called the reasonable person standard and it is absolutely ubiquitous in law. You can argue that it's a bad standard and you don't agree with it, but that argument would encompass far more than just rape cases. Basically, the point is that the laws with regard to rape in this instance are just a straightforward application of general legal principles starting with the assumption that it is wrong to knowingly and maliciously take advantage of someone's impaired state to have sex with them.