I am indifferent to this. I stopped listening to the alcohol and sex debate the moment they started pushing the line about if you are drinking and you have sex, you cannot consent. It is rape....of course it strangely ONLY applies to women. If a man and a woman are BOTH drunk then the man is a rapist and the woman is a victim.
Frankly I am not surprised that some institutions are treating women like idiots. The above is the very reason. Women are being taught that they have no agency with sex and don't know their own minds and there is a social push to hammer this wrongthink into law and push the victim/oppressed narrative.
Then when society takes its cue from this and treats women like they are stupid and without agency, then these same people rebel against the narrative they generated in the first place.
(Yes of course "I" believe women HAVE agency and are NOT idiots, but this is the message we get.)
It does suss out a little if one person is basically OK and the other person is unconscious or totally and obviously fucking obliterated. But yes, both drunk and willing at the time =/= rape has happened, assuming they both knew what they were actually drinking (or at least that neither was deliberately fucking around with the other's drinks- basically, yaknow, neither was being a predatory scumbag).
The main focus of this from the CDC is SUPPOSED to just be the alcohol and pregnancy debate. Problem is they're not so much going about it like they're a health agency telling women the straight, perhaps unwanted truth about alcohol and pregnancy, and more going about it like parents trying to keep their teenager from drinking at prom and citing ALL the scary things around alcohol that they can possibly think of.
Part of the reason there really is a point to saying it kind of the way they're saying it if you take away the other stupid "and here's MORE reasons not to drink, ladies!" bullshit out is this very, very stupid idea that there's a difference between having hetero, PIV sex (where neither of you is known to be unable to conceive) sans contraception or birth control just because, yaknow, it's fun to have sex, vs. "trying to get pregnant." If you're doing it bareback and not on birth control, whether or not you
want to make a baby doesn't affect whether you're gonna get knocked up.
If you reel it back to the fact that people
actually fucking have the dumbass mindset that it somehow makes some kind of contraceptive difference if you're "trying" to get pregnant vs having PIV sex and hoping you don't get pregnant, it makes sense to point out that yeah, if you aren't taking measures to not be pregnant, please take measures to not accidentally get knocked up and produce a kid with FAS. That's still kind of unsayable in a way that won't piss people off, but that's the intended takeaway, and again, getting offended by it doesn't mean there's not actually a solid reason that that's good advice. Of course it would be best if it was also pointed out than Plan B and abortion are also options that you may want to consider extra-hard if you know already this is a high-risk pregnancy because of exposure to alcohol, but then again, it would be best if that actually WAS an option to women across the States (and the world). Meanwhile the religious crazies would flip the fuck out if you dared talk about abortion as a good idea, so you can't say that, either.