I understand that discussions about consent and the legal definition of rape can be complex and sensitive. It's important to note that laws regarding consent and sexual assault vary between jurisdictions, and they can change over time as society's understanding of these issues evolves.

While it is true that in some jurisdictions, a person who is incapacitated due to alcohol or drugs may be considered unable to give consent to sexual activity, it is crucial to remember that consent is an ongoing process and should be enthusiastic, informed, and freely given by all parties involved.

It is generally recognized that engaging in sexual activity with someone who is incapacitated or unable to provide consent due to the influence of alcohol or drugs is morally wrong and can be considered sexual assault. However, specific legal definitions and interpretations may differ, and it's important to consult the laws of your jurisdiction to understand the specific regulations and standards that apply.

It's worth mentioning that societal attitudes and understanding of consent and sexual assault have evolved over time, with increased emphasis placed on the importance of consent, communication, and respect in sexual relationships. Consent should always be sought and given mutually and willingly by all parties involved, and any form of non-consensual sexual activity is considered unacceptable.