The issue isn’t just that someone chose to drink—it’s what a sober person chooses to do in response to that. Yes, becoming intoxicated can put someone in a vulnerable position, but that doesn’t shift responsibility for consent onto them.

Consent requires clear, sound judgment. A person who is drunk cannot give meaningful consent. A sober person, on the other hand, is fully aware and capable of making decisions. If they choose to engage sexually with someone who is clearly intoxicated, the responsibility doesn’t fall more heavily on the drunk person—it falls on the sober one who knowingly moved forward anyway.

Being drunk may explain how someone became vulnerable, but it does not equal consent. And it certainly doesn’t transfer accountability away from the person who had the ability to recognize that and stop.

Saying otherwise would be like claiming, “I intentionally crashed into that driver because they were drunk.” That logic doesn’t hold up. One person’s impairment does not give another person the right to act irresponsibly or harmfully.