[donna]

Still, she was drunk and thus could not give consent;
he was drunk and thus could not ask for consent.

[definitelynotaliberal]

Bearing in mind that to give truth to him who loves it not is only to give him more multiplied reasons for misinterpretation, I'll say that the victim was passed out while the perpetrator was drunk. Would you be similarly unclear on this issue if he had sexually assaulted a diabetic who was momentarily passed out? How about a hot biker who crashed in front of his car, hit her head and was momentarily passed out?