Intoxication is not a defense for criminal behavior, if it was, DUI could not be illegal. One becomes intoxicated knowing that his judgment will be diminished, therefore he must accept the consequences for his behavior. The Constitution is a contract between citizen and government where, in exchange for specific liberties, you agree to abide by specific laws. When you fail to uphold your end of this contract, you loose your liberties. However, I do agree that some states do go too far with some sex offenses committed by minors, ie, as in statuary rape of a 15 year old girl by her 17 year old boyfriend. .