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This really isn't it as well, if someone is drunker than you and you have sex with them, you are taking advantage of them. The fact they consented at the time while intoxicated does not mean that they made a valid decision. It is still a crime.

The incredibly high bar he's setting, is not to be a convicted rapist? I would probably say for 99.9% of people that would be a given, and probably not the bare minimum we should be holding young men to.