Not talking about rape.As long as the intoxication is self-induced with the knowledge of the risk of copulation it’s legit.If they’re adults, intoxication is irrelevant. They made that choice to enter the contract.They enter a contract upon copulation. Apply standard contract law.
Its an option I suppose, but it won't hold legally for sex under the influence - I'd say the majority of "abortion causing" sex is drunk/stoned wouldn't you? So partial answer maybe...
Contract law doesn't work that way though. To wit (from memory):
Minors, the mentally ill, and persons who are intoxicated or drug-addicted are generally excluded from entering into legal agreements. Mental incapacity simply means that a person does not have the competence to enter into a contract. In addition to intoxication, mental incapacity can result from mental illness, such as schizophrenia, senility, and even bipolar condition. Most courts look at contracts with persons of such mental incapacity as voidable contracts.
I don't believe it can work like you think it would/want it to...
Wow- so any woman who gets drunk and passed out- is the one responsible if some guy decides to rape her then- wait- you wouldn't even consider that rape would you? Just an 'open for business sign'.