Sex with an intoxicated person can ideed be risky, especially if the two are not well acquainted and have a history of sexual activity. But, when is a person "drunk?" Can they share a glass of wine before having sex? If they were both intoxicated would it be mutual rape?

My comment was directed towards the claim made by some that sex with an unconscious, or nearly unconscious person is always rape. I was wondering if, in the unique circumstances described in the linked article, it would still qualify as a case of rape.

Some have even suggested that a sober woman can't consent to sex in advance of being intoxicated.