Astronuc said:
Actually and legally it can. Once one reaches the legal limit, then one's judgement is impaired (legally and otherwise), and one's ability to consent is impaired (void), i.e. legally one cannot consent. Some people have impaired judgement before they reach the legal limit of alcohol in the system.
One should never take advantage of another who is drunk!
It's really not a logical argument.
Does this mean that people with mental disabilities should be disallowed from romantic activities at all times?
Due to the wide range of intelligence, one person's heavily impaired judgment may be much better than another person's peak judgment.
Alcohol is not the only thing that impairs judgment. Arguably, our judgment is always impaired to various degrees by all sorts of things. A recent study showed that male judgment becomes temporarily impaired while speaking to attractive women (http://www.telegraph.co.uk/health/healthnews/6132718/Men-lose-their-minds-speaking-to-pretty-women.html )
Does this mean a male should not be able to give consent to romantic relations with attractive women?
Whenever a person is distracted by something else, that impairs their judgment.
A person may at one point in time be committed to their relationship, but then when they get horny, all of a sudden those beliefs might be overshadowed by a desire for sex. The fact that people are willing to do things while horny that they would not be willing to do while not-horny is further evidence of this.
The whole premise of people having constant identities that make logical decisions is, in my opinion, severely unrealistic. Your decisions are all based on naturally released drugs that control your mood to begin with! Adrenaline, dopamine, whatever...throwing a bit of alcohol into the mix doesn't really change anything because we are ALWAYS under the influence of drugs. In fact its silly to use the word "under the influence" because that implies that we have a non-influenced state, when the reality is that all our thoughts are just the result of different chemical interactions...
Obviously, there comes a point where a person is so influenced by a drug that they are so far from their normal state that they cannot give consent. For example, when a person is in a catatonic state, or stumbling all over the place incapable of forming coherent sentences. However, a person who is still able to make conversation is still fully capable of giving consent in my opinion.