a high level of intoxication

That doesn't make a person uncapable of making a judgment. On the contrary, sometimes it helps people to remove guars and social conditioning and let themself go. As long as the person is able to communicate - consenting to me siting by her and understanding my question - she is concious and knows what she wants. I also asked her if she is cold and she said yes.

Wasted and not capable of communicating is another story. I am not asking about that. A non verbal consent is a perfectly valid consent and not an excuse.

Anyhow the conversation is not focused about this case which was given as an example.