What if both people are very drunk (incapacitated) and they consensual have sex?

As I understand it, the guy gets hung.

 

wow, that is very helpful.... thanks........

 

It may be dumb, but the court will generally side with the woman on this one. I've seen a couple of these cases (one happened in college, another shortly after), and the honus falls on the guy to be smart enough not to have sex with a girl who is passed out. If he is drunk, it's not going to be considered an alibi. Thus the term "drink responsibly". Unfortunately, this can be abused and a girl can say "I was drunk, he raped me" even when she wasn't.

 

ALmost forgot - IANAL but just relaying what I've seen of similar situations