Drunk or not Rape is Rape and Molestation is Molestation. Courts are no longer able to use the she was drunk and didnt say no. If the person is impared due to drugs and alcohol it is considered the same as if someone raped or molested someone who is physically or mentally challenged like down syndrome, schitoprenic and so on.

If the person is impared and is unable to say no the person who is doing the advancing is held responsible if he or she does not stop their actions until the person is with in their right frame of mind and can make a logical decision to participate or not.

It is based on this that cases of being raped and or molested while under the influence of the date rape drugs have lead to convictions of the perpetators.