It's kinda strange, if you really scrutinize it, that people can be considered not able to give consent for sex when they are intoxicated or under the influence of some kind of drug. I mean, if you are drunk or on drugs and you drive, then it's your fault if you damage property, injure or kill someone, or injure yourself. I mean, the punishment for even driving under the influence is very stiff. You can lose your license and get a hefty fine and possibly even jail/prison time.
If you beat your wife or rape someone while drunk or high, it's your fault. If you black out from drugs or alcohol, you are still culpable for what you did - even if you didn't remember doing it. If you look at child pornography while you're drunk or high, or touch someone under the age of consent while on drugs, you can still be labeled a sex offender - whether you remember doing it or not, and whether you'd do it sober or not.
Why then, are you not considered capable of giving consent when under the influence of alcohol or drugs? It seems that if you drink yourself until you're snockered, you become a legal minor if someone more sober has sex with you. But at the same time, if you're drunk and do these other things listed, you aren't a minor. There needs to be some consistency in the law.
Even if you are drunk, I believe that you should be held responsible for what you do. I mean hell... when I drink enough that I start getting tipsy, I become extra careful because I wannna make sure that what I do is all me - not the alcohol. I take extra care when carrying fragile things, and I watch myself to make sure I don't say something really stupid. I'm actually a little less careful when sober. Maybe it's a different brain chemistry. Still, I don't drive if I've had a drink, even if it's just a daiquiri. The stiff fine and other punishments aren't worth it.
A few years ago, when a guy took me out and bought me a drink, he then drove me back to the parking lot where my car was and tried to kiss me on the lips. I told him no, and he kept on trying to get me to do it. He then pretended to compromise with a kiss on the cheek, and then he made for my lips. I still feel icky about it, but it was my fault because I let him kiss me and I trusted him instead of just getting out of the car. I had poor boundaries back then. I also had poor judgment, and that was one of the few times I had driven after a daiquiri. I could probably count those times on one hand... at least I have been doing something right.
However, my point is that if I would be held responsible and have to face the consequences for driving while intoxicated, then I should be held responsible for having sex while intoxicated, even if at some point I wake up from a black-out and decide that I don't want to do this, but my body is too weak to get the guy or gal off of me. An experience like that should be a wake-up call to me to not drink so much that I cannot defend myself from unwanted advances or that I black out and wind up in a strange bed.
When you realize that you are responsible for your actions even while drunk or high, it can be liberating. It means that you are in control, you know cause and effect, and you know how to keep yourself out of danger. You can't stop a boulder from rolling down a hill, but you can get out of its way so it doesn't squash you.