Updates from awhile back...

[Iceblink]

Was he passed out? We don't know that for sure, do we? The only word is from mnguy who was drunk, that his friend was passed out. For all we know Mnguy's friend could have been pretending to be passed out.

Then I have all sorts of questions about this idea that two people can get equally drunk and only one of them is held responsible for his actions while drunk.

It's not about being drunk. Drunk people can give consent and do it all the time. It is about someone being unconscious and guessing that they may be pretending to be passed out is just that, a guess. If someone appears to be passed out, in this case of maybe he is or maybe he isn't, you need to err on the side that he is until you know for sure.