If two people are drinking and getting drunk and might possibly end up having sex but no guarantees as they have never done it before?
Would you consider that consent?
Would you actually do it?
Would it matter if sex started first and then one passed out? or would you consider a unconscious person, cannot give consent no matter what, regardless of what they said before and stop.
What if no sex started but it is just drunk talk, stating if I pass out you can have sex with me and then they pass out?
Not asking this from a legal perspective, more just what people would do.
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