If you are unconscious, due to drink, drugs, concussion, whatever -- you CAN NOT give consent.  And consent is at the heart of sexual assault cases.

According to Caplan, the person in this case was so drunk she had lost consciousness and also had urinated on herself.  One can reasonably infer she wasn't up to consenting to beer pong, let alone sex.

Just checked and indeed, the article here got the quote right:  

"“Clearly, a drunk can consent,” said Judge Gregory E. Lenehan in finding Bassam Al-Rawi not guilty on Wednesday of sexually assaulting the woman in May 2015."

http://news.nationalpost.com/news/canada/clearly-a-drunk-can-consent-n-s-judge-acquits-taxi-driver-of-sexually-assaulting-woman-in-back-seat