Legal Question in Criminal Law in North Dakota

People who have been drinking can still consent to sex unless they become so drunk that their judgment fails them. At that point they are incapable of giving consent, even if they are capable of saying the words the other person wants to hear. The same principle applies in any area of the law where consent is required; if you talk an extremely drunk person into selling you his house for a dollar he will be able to get out of the deal due to lack of consent.

Taking sexual advantage of someone when you know she is that drunk can indeed be rape regardless of what she says at the time. But if she wasn't that drunk and merely regretted her decision after she sobered up, her change of heart cannot turn the encounter into a rape after the fact.