Facepalm

People are responsible for their actions, and the foreseeable consequences of their actions.

If it was not reasonable for her to believe he would consent to sex while sober, she should not have had sex with him.

It's my hypothesis that prosecutors will only bring charges if they think they can convince a jury that a person was not reasonable to believe the other party would consent to sex while sober.

That might work for prosecution, but it's a shit heuristic for actually preventing anything

Yeah which is why posters like this are good. Don't have sex with drunk strangers. Don't have sex with drunk platonic friends. Don't have new types of sex with existing serial sexual partners unless it's reasonable for you to believe they would consent while sober.

I don't know most people's states of mind when we're both sober, and now you're expecting a drunk person to figure out another drunk person's sober mindset?

No I'm asking them not to try. If your judgement is impaired by alcohol, don't try to assess if someone has consented to sex with you.