Our culture treats intoxicated women as "asking for it" and not victimized. It is a huge part of a problem and why more of them don't report. But to answer you

Our culture treats intoxicated women as "asking for it" and not victimized. It is a huge part of a problem and why more of them don't report. But to answer your questions, which I believe are made in good faith, here is my view (not a legal one!). If you can't decipher consent, then you don't have one. If you have a reason to believe you might not have gotten it if the other person was sober, then that is assault too. If you are not in condition to be able to make such assessments and still proceed, you should be held accountable like drunker drivers are. I am not saying sipping a bit of wine should immediately disqualify you from sex, but it should be off the table if any one of you gets drunk to the point where their judgement is noticeably impaired. Sex of a persons involved doesn't matter in consideration and abuse happens to both sexes, but clearly to women more often.