I wholeheartedly agree with the piece.  

I do have one question that begs consideration.  At what point are intoxicated people no longer able to consent - I'm not being gender specific here.  If two people are both intoxicated, and the fly in the room witnesses a mutual and reciprocated sexual exchange and neither party, or worse, only one party remembers the events (worse yet both remember and one pretends to not remember) was it rape? and who gets to make that call?