This is the PSA currently at the top of the subreddit:

https://www.youtube.com/watch?v=qk6aauThmW8&feature=share

and the deleted posts:

https://www.reddit.com/r/TwoXChromosomes/comments/626rwf/psa_tweeted_by_joe_biden_this_morning/dfkfnns/

https://www.reddit.com/r/TwoXChromosomes/comments/6284w8/dont_trust_youtube_psas_for_your_information_on/

Unfortunately, that PSA is completely untrue if you live in state with mental incapcitation or physically helpless laws, like most of them:

Connecticut:

The Connecticut law on rape, or sexual assault as it is referred to under the law, defines sexual assault in several ways. One aspect of Sexual assault in the first degree occurs when a person engages in sexual intercourse with another person and the other person is mentally incapacitated to the extent that he or she is unable to consent to such sexual intercourse. Mental incapacitation under this law means that the alleged victim, due to the influence of alcohol or drugs, is rendered temporarily incapable of judging or controlling his or her conduct. The drugs or alcohol have to have been given to the alleged victim without his or her consent.

Sexual assault in the second degree, which is a less serious crime than sexual assault in the first degree, is defined, in part, as when a person engages in sexual intercourse with another person who is physically helpless at the time. In this instance, physical helplessness is when a person is unconscious, or for any other reason physically or verbally unable to resist an act of sexual intercourse or sexual contact.

New York:

Penal Law Section 130.05(3) states that “A person is deemed incapable of consent when he or she is: (c) mentally incapacitated.” Mentally incapacitated is defined in Section 130.00(6) of the Penal Law as follows: “'Mentally incapacitated’ means that a person is rendered temporary incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.”

This is the date-rape drug statute. It’s intended to permit prosecution of those who, as they used to say, slipped someone a mickey (which has an interesting derivation – Mickey Finn – but I digress.) This is a charge that we rarely see.

Anyway, the key to this prosecution is that the complainant cannot have become intoxicated voluntarily. See People v. Johnson, 23 NY3d 973 (2014). So what’s a prosecutor to do when a complainant who was really drunk says she was raped? Well, it seems that some actually charge defendants who have taken advantage of the voluntarily inebriated with an offense alleging physical helplessness. But that’s a different charge.

Penal Law Section 130.05(3) states that “A person is deemed incapable of consent when he or she is: (d) physically helpless. “Physically helpless” is defined in Section 130.00(7) as follows: “’Physically helpless’ means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.”

See that? UNCONSCIOUS OR…PHYSICALLY UNABLE TO COMMUNICATE – not mentally incapable of deciding. In People v. Teicher, 52 NY2d 638 the Court of Appeals, in affirming the conviction of a dentist who had contact with his patients who were still under the effects of sedation, noted the aspect of physical helplessness: Carson was heavily sedated at the time the initial touching occurred and, as a consequence, she was in an extremely weakened condition. Thus, although she had enough control over her body to pull her hand away after defendant had placed it against his penis, the trier of fact was entitled to infer that she lacked capacity to consent to the original touching because of her generally weakened condition.

Texas:

The act is considered to have been without the victim's consent if physical violence was threatened or used in order to get the victim to submit or participate to the defendant's actions. Also, if the victim for any reason is physically unable to resist or appreciate the nature of the act being performed, there is a lack of consent. Consent is lacking in any situation where the defendant is in a place of power or charged with the care of the victim. This includes the defendant being a health care services provider, clergyman, public servant, or an employee of a facility where the victim resides. This charge may be elevated to that of aggravated sexual assault if any of the following occur during the commission of the sexual assault: The defendant has caused serious bodily injury or attempted to cause the death of the victim; The defendant placed the victim in fear of death, serious bodily injury or kidnapping to the victim's self or to another person; A deadly weapon was used or exhibited during the crime; The defendant acted with another individual in committing the crime; The "date rape drug" also known as rohypnol or ketamine was used with the intent of making the offense easier to commit; The victim is younger than 14 years of age; The victim is an elderly or disabled individual.

Let's see RAINN's collection of State Laws:

https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=California&group=9

Wow, looks like almost every State has a very similar laws. Hopefully people can educate themselves about their State consent laws, so we can stop the "all drunk sex is rape" myth that the majority of redditor's believe. Maybe we can even stop seeing the question "What happens when both people are drunk?" that's in every thread about this topic.