> If a person is prevented from resisting by an intoxicating or anesthetic substance, or a controlled substance, and this condition was known, or reasonably should have been known by the accused.
Look up statutory rape, duress... If you want some actual cases, search at relevant forums. I am really not going to give legal advice here.
> People who drink alcohol can not give a consent!
Your quote quote clearly does not say people who drink alcohol cannot give consent. In fact, it says:
> If a person is prevented from resisting by an intoxicating…
Do you not understand that that is not the same thing? You made the claim that someone drinking one beer cannot give consent. Nowhere does your quote support that claim.
If person are intoxicated, they are prevented from resisting. So even if they give a verbal consent, this consent is invalidated by section 261 (a)(3), because they were prevented from resisting.
Your position is ludicrous. It would imply that a married couple in California can’t have sex without it being rape if one (or both?) drink a single glass of wine with dinner. Think over the argument you’re making.