If they are losing consciousness they can’t consent. Yeek:
Jetton went to the woman’s home around 9 p.m. Nov. 15 with two bottles of wine, which he allegedly opened alone in her kitchen. After drinking some of the wine and watching football, the statement said, the victim “began â€˜fading’ in and out and remembered losing consciousness several times.” The affidavit says Jetton and the alleged victim agreed on a safe word – “green balloons” – that could be used to stop sexual relations during the evening. Instead, the affidavit says, Jetton hit her on the face and choked her before engaging in intercourse. Jetton allegedly said, “You should have said â€˜green balloons,'” before leaving her home the next morning.