Defining nearly all sex as rape

The law also states that incapacitation due to drugs or alcohol is considered nonconsensual. In theory, one could imagine that meaning black-out drunk or visibly not in control of one’s actions. But in practice, even having one or two drinks hours before sexual activity can constitute “too drunk to consent.”

By this definition, the only sex that isn’t rape is sex where consent can be proved beyond a shadow of a doubt for every stage of the activity. Sure, that sounds reasonable, but the fact that one of the bill’s sponsors doesn’t know how anyone could prove consent tells you a lot about the bill.

So what would provable consent look like? Joke all you want, but descriptions of bland, bureaucratic sexual situations really are the only way to prove consent.