So there's a lot of whining here about how horrible it is that one could get accused of rape if they hook up with a chick that seems to be totally into sex, but is too drunk to even know where she is.

According to the folks here it was her choice to have sex so it shouldn't be his responsibility to make sure if she can even walk straight anymore. If she thinks that it was rape she should just not have gotten blackout drunk and it would have never happened, but it's completely unfair that the man could get send to jail for her drunk decisions.

Now compare this to tattooing or piercing someone. If someone who's clearly drunk walks into a tattoo parlor and asks for some ink they will be sent out again because the law (in some states like Texas) prohibits the tattooing or body piercing of persons under the influence of drugs or alcohol. If he tattoos them he did something illegal even though they choose to get tattooed.

Wouldn't the same logic apply here? How is it the fault of the tattoo artist if some drunk person makes a mistake? Why can they sue him for damages if they themselves drunkenly decided to get tattooed? Shouldn't it be his right to take advantage of drunk people because he needs the money?