Ethically speaking, if two drunk people have sex: 1. Is their consent valid under the influence? 2. If not, who is at fault for rape/sexual assault?

How do you view this type of situation from your personal, ethical or philosophical perspective? You are also encouraged to include info about laws in your area, however.
Ethically speaking, if two drunk people have sex: 1. Is their consent valid under the influence? 2. If not, who is at fault for rape/sexual assault?
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