In the -blam!- scenario, the most common case is a sober man and a drunk woman.
You are "really you". the question is whether she is aware enough to give consent.
English
-
The most common case is a man who is drinking also and the girl regrets her drunk decision and places the blame on the guy. Not the guy's fault she put out.
-
Most of those cases are dropped. Rarely are the guys actually convicted ( for the number of times it happens )