Men's Group

because that's only possible when personal agency can be reasonably assumed as a constant, and different levels of intoxication create a variable. There has to be some degree of responsibility for observation and rational judgement placed on the people involved, because it isn't possible to place a lawyer in every bar to make all the individual judgement calls.

Personally, my take is that if they're too drunk to be served, they're probably too drunk to consent. Observing that the person you're talking to is slurring their speech and stumbling when they walk (the cutoff point for service) isn't difficult. Visible, obvious signs of intoxication are a red flag that you've reached the point beyond which it is dangerous to proceed. Of course there's going to be variables here, too- a couple that know and trust each other, for example, are going to be able to go out, get plowed and still go home and jump each other with no issues tomorrow morning (other than a hangover), where two strangers at the same level of intoxication probably ought not to try it. But it's a decent rule of thumb and would likely save a lot of problems if followed.

People who are too drunk to move or speak, or completely unconscious, I think we can all agree are beyond capacity for consent.