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					Originally Posted by  SebC
					 
				 
				If you're sober enough to say no you're probably sober enough to say yes. 
			
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I think I would disagree here.  You don't need to be passed out to be unable to give consent.  You can be in and out of consciousness and still tell someone no / resist in a state that certainly wouldn't be suitable to give consent.
Think about trying to get your super drunk friend to leave the bar and in a cab.  He certainly isn't cabable of making any kind of decision for himself but he sure can say no and resist leaving.