Dear Prudence Meets Due Process - Reason.com

"[Q] So there's a level of alcohol consumption where you would not be OK to drive a car but you would still be able to consent to sex.

[A] And legally consent to it! In the Occidental College case, eventually it was reported to the police. They investigated, and a female police officer and a female assistant [district attorney] both said, you know, this is an unfortunate incident with two drunk kids making a bad decision, but it's not a crime...."