Because neither party can consent when intoxicated. If you do not have full control of your faculties, you [i]cannot[/i] consent to anything. You are not in your right mind. If you are on any sort of drugs, have been drinking, or are asleep consent cannot be given. Consent is never implied. Edit: for everyone crying. Here is one [url=https://www.ncjrs.gov/app/abstractdb/AbstractDBDetails.aspx?id=243182 study]study[/url] for you. I have two others but they require such subscriptions to journals. Which you'll never read because you'll never actually be open-minded enough to legitimately research this stuff.