In the Criminal Code of Canada, drunks are responsible for their behaviour, however, incapacitated people are not.  I find it scary that variations of this comment keeps getting voted as inappropriate.  Drunks who drive are held criminally responsible, drunks who fight are held criminally responsible, drunks who sexually assault are held criminally responsible.  Drunks who provide ongoing and active consent to sexual activity are responsible  up until the moment they cease to give ongoing and active consent which would be the case when they are incapacitated.  The Supreme Court has been very clear on this.