Comment by eloff

> If "he gives consent", then she isn't a perpetrator. By definition.

> If one of the parties gets drunk, they can't give consent. Again, by definition.

Say she comes on to him, and he responds enthusiastically. But he's too drunk to give consent by your definition. Then she's just committed a rape? From her POV, also drunk, she made a move, he reciprocated, all in all it was a pleasant evening.

She clearly didn't mean to commit a crime in this case, and both their judgment was impaired. Whose fault is it?

I don't think it's fair to say it's all her fault - and I don't think a court of law could find fault here, fairly, with no witnesses and no evidence.