Comment Re:How about a Kickstarter... (Score 1) 253
Just realized I missed a part:
then you have a curious case of a crime where both parties are equally victim and perpetrator, because by the same definition, the man was just as much raped as the woman.
What's "curious" about that? It's the exact same as with any other crime. If you attack an innocent person, you're charged with battery. If two people are fighting, however, and there's no "primary aggressor", you're "mutual combattants", and unless you're violating some other statute (for example, disorderly intoxication), the case is generally declared nolle prosequi.
Of course, your proposed scenario where two people are drunk to the point of unconsciousness is physically impossible, and if they're both drunk merely to the point of incoherence, you're going to have a lot of trouble having sex. As to what level of intoxication determines one's inability to grant legal consent (to sex, to signing a contract, to whatever) varies from jurisdiction to jurisdiction, but let's not play dumb - if you see a person who's slurring their speech, can hardly stand up, and doesn't seem to understand where they are, don't act all dumb and say, "Oh, I thought she was perfectly cogent to make informed decisions!"
If you happen to find a jurisdiction where a 0,05 BAC is declared to be incapacitated, hey, you've got my support, that'd be an overly strict declaration. But that's not the general case, the case that all those evil Feminazis that you hate are complaining about.