If the girl is conscious, in my opinion it's up to her to say no. Does it mean that if she doesn't say no, it's always ok? No... it's a grey area and might be a really dick move. But at the same time, think about the punishment for rape - it is basically that your life is over. I'd prefer to err on the side of not destroying lives than potentially destroying the life of someone who's innocent.

Was the girl who didn't say no "Asking for it?"... nah. I'm just more of the belief that stuff happens and to convict someone of an incredibly serious crime should require something obviously over the line.

Are you intentionally leveraging their inebriated state for sex? Because, if that's a yes, it's pretty much the same thing as drugging them for sex.

Major, major difference here - "drugging them for sex" usually means it is without their knowledge. Much different from them getting drunk themselves... if they consciously put themselves in a state where they make decisions they wouldn't make when they were sober (even if the guy is the one giving them the drinks) - yeah there's a good chance the guy is an asshole, but again I don't think it warrants ruining the guy's life.

So... If the girl you want to have sex with is wasted, but still vaguely coherent... If 'taking advantage of her' (aka get some when you know you'd have no chance normally) is OK, Is it also OK to take all the money out of her wallet? She normally wouldn't just you have $200, but hey... She didn't say not to.

That's a specious argument. Stealing is always bad. Violence is always bad.

With most crimes, the act itself is the problem - you steal, you commit violence. Sex is usually an enjoyable act, unlike getting punched in the face or having your money stolen. What makes sex complicated is its an act that often people enjoy sharing with each other but sometimes is a crime. You can't compare it to most other crimes because consent matters.

By the way - I'm specifically opposed to charging someone with rape in this instance. Remember - rape means years in jail. It means registering as a sex offender and being unable to live in many areas for the rest of your life. It means never being able to get a job because you have to admit to a felony. It means, basically, your life is utterly destroyed. Does it really make sense to do this to someone who was (probably drunk himself) and unable to infer whether the person was having sex just because she was drunk? I'm ok with sending them to counselling, or requiring they don't drink for a while, community service, whatever. I just think rape needs to be saved for more serious offenders.