This is kinda a gray area. I remember there being talking of passing laws to make drunk sex = rape, but what is the current law?

The state is New York, if it makes a difference. Sources would be nice.

According to Wikipedia, there's no federal standard on rape, as it's defined state by state.

According to the NY Times:

http://www.timesonline.co.uk/tol/news/uk/crime/article1942904.ece

Summed up, it depends on whether the woman was drunk enough to be capable of giving consent, which means you're putting yourself at risk if your means of getting laid is looking ffor drunk chicks.

Interesting

I think its kinda bullshit.

If a women is so drunk she doesn't know up from down and tells a guy to fuck her, its not her responsibility.

But if you're trashed and climb into a car, you get a DUI. If we're going to say you're unable to make reasonable choices while drunk, then that should apply to everything. You can't have your cake and eat it too.

Interesting

I think its kinda bullshit.

If a women is so drunk she doesn't know up from down and tells a guy to fuck her, its not her responsibility.

But if you're trashed and climb into a car, you get a DUI. If we're going to say you're unable to make reasonable choices while drunk, then that should apply to everything. You can't have your cake and eat it too.

I agree.

Currently, if she consented its NOT rape in all states of the USA and Western countries. What I know off that is, if you're interested look up the rulings of your area but its not really something to be all worked up about. Since being drunk is not an excuse for the law to reduce sentence for a criminal act it can't be implemented as a state of being unable to make your own decisions. (Whatever it is called where you come from)

Just in case:

You have a "jolly good time" on a party and make it even more interesting with a girl. You have both heaved in your fair share of alcoholic beverage. You decide to withdraw from the crowd to a more private place to get to know eachother a lot better. You both doze off and the next day you wake up to find her fingering you for rape. She tells the cops/parents/both that she was drunk and that affected her ability to make decisions and that you took advantage of her. They take you into custody.

From this point there are two options open for you. Most guys freak out, get scared, admit to rape and the rest of their lives are forfeit. This is option 1. Now take my advice and walk out of the room with atleast 10 years of bragging rights.

Your defence is this: If she wasn't drunk and consented, its not rape. If she was drunk and consented and you (police) believe this affected her decision making ability, then I was drunk too and my decision making ability was suffering too. In that case both our abilities to reach consent was affected and neither of us can be held responsible. In that situation, we both raped one another, which is impossible.