There's no need to be condescending. If you don't think that the author is suggesting it, then how do you sensibly interpret this comment?

"We also need to develop a legal, medical and social consensus around the line for capacity to consent. Men have been acquitted in cases where complainants have been staggering, slurring, even vomiting."

If not a blood alcohol level, then what will the legal and medical basis be for consent while intoxicated?