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Bandorr said:
Slarvax said:

If you are not happy with the decisions you make while being drunk, then don't get drunk.

Edit: and now I see you technically already said this on the OP sooo... no, it is not rape if the other person agrees.

That sounds like you are saying whatever happens to you while drunk - is YOUR fault because you chose to get drunk. I would not as that is pretty awkward and archaic thinking.

Then I guess its time to stop prosecuting drunk drivers, huh? I mean, its not their fault they got in a car and drove. They were drunk and didn't know better.

@ OP

If they are wasted out of their mind, yes it's rape.  If they're just tipsy, then no.  Tipsy can lower your inhibitions, but its not going cause you to do something you truly don't want to do.