Question of consent?

In law an unconscious person cannot give consent

Jon Silverman looks at the implications of a case which
collapsed after a woman who alleged she was raped
told a court she had been too drunk to remember
whether she had consented to sex.
The failure of one case at a crown court is not going to
have a significant impact on the future course of rape
prosecutions.
But it does underline the difficulties in this area of the
law around the crucial issue of consent.
The Sex Offences Act 2003 has made it considerably
harder for a defendant to argue that he reasonably
believed that a woman had consented to sex.
In cases where a woman can satisfy a jury that she
was asleep or unconscious, the onus has shifted
towards the man who has to prove otherwise.
However, that still leaves a considerable proportion
of trials where alcohol is a factor and where the jury
is offered two conflicting versions of events without
any third party corroboration.

link:
http://news.bbc.co.uk/2/hi/uk_news/4467078.stm

NO MEANS NO!
what does I CAN'T REMEMBER SAY?
Sticky situation I must admit.