Is it legal for a sober man to have sex with an intoxicated woman?

Question Details: This girl got really drunk at a party, so her friends took her home. A sober boy texted her and asked if he could come over and she said yes. Once there he immediately took off her clothes, had sex with her, then left. The girl did not say no, however, she was very drunk and didn't realize what was happening until it had already happened. The girl also did not say yes to having sex with the boy because he did not ask. After he left, the girl immediately called her friends who came over right away and stated that she was still incredibly drunk. They got her dressed and got her to bed. I'm wondering if this encounter was okay seeing as she did not explicitly say no. It is also important to note that the girl and boy had known each other previously but the girl, while sober at a previous incident, said that she did not want to have sex with him. I'm just not sure if this latter incident was legal or not.

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