Absolutely. Let me rephrase:
How about if someone's been drinking and is intoxicated to any degree, be a considerate human being and have the decency and common sense to pick a different place and time. Also, the ONLY form of absolute consent is a verbal, sober, enthusiastic "yes." If they are drunk or incapacitated, err on the side of caution. And friendly reminder in case you're still not sure, if they are asleep, they cannot consent. If they are under the legal age, they cannot consent. It's not rocket science. People looking for the legal "loopholes" in my eyes are people who have probably done something wrong and don't want to cop to it.