Dave: I think we have to remaining points of contention. The first is the statement:
" I believe that under the influence of alcohol, you will not do anything you would not do sober in the right situation."
Perhaps you have a better conception of it in your mind, but to mine the phrase “the right situation” is too ambiguous to be meaningful. Another pretend game: You’re a civilian in double-ya-double-ya two Poland, your village has been captured by some Nazis. You’re the mayor. The SS has all the Jews and gypsies lined up on one side, and the rest of the population on the other. You’re given a gun and told by the CO that either you execute one of the prisoners, or the soldiers will do away with the whole population.
Now, there’s a situation in which you might choose to, assuming a sober mind, commit murder (let’s not bicker about whether it’s moral to do so right now; if that’s not a good enough situation, just think up some other one where you murder would be the “right” thing to do). So we have a “right situation” in which a sober person would commit murder. Does this mean that the same person, drunk, in a different situation, is blameless if he kills? No, and I doubt you’d think so, either.
Now, before I critisize any other part of your post, which might be rendered unnecessary, please tell me more about this “right situation” so we’re both on the same page.
Sin: Consent should not determine responsibility. Please go back and read the hypothetical examples in which I use murder. If a drunk gives you a gun and asks you to shoot him, it’s wrong (ignoring legality, for which the judgement is obvious) to do so unless you absolutely know that it’s something they want in their sound mind, not just a minor desire they supress. This is why I support euthanasia and assisted suicide; if a person a makes a choice in full mental health, it’s different from a choice they make in a condition where their desires have more power.
And, again, I’m not saying that the girl can or should blame the guy and say that it’s fault that what happened happened in full. I blame him and he should blame himself for taking advantage of a situation, and she should be rightly angry that he, knowing full well that she normally would not have done what she did, did what he did indeed do. In conclusion, the letter “D.”
And again, I’m talking about the moral side of things. To talk about how things would fit together legally is something I’m not qualified to do, but I have my suspicious about how a few things would work.