In sex ed at school we were always taught that if someone has been using drugs/drinking they can never consent. Is this right? Obviously if someone is intoxicated their judgement is different and it changes power dynamics but people talk about having sex they consented while intoxicated and it seems very different to assault. I'm autistic and think I might be taking what I was taught to literally, but I'm not sure?
Well, honestly, a lot of people are taught that and I don't think you're actually taking it too literally; a lot of people believe that! The matter of fact is just that it's actually a bit more complicated.
It's "easier" to teach that drugs/alcohol automatically make someone incapable of consenting to anything, just like it's easier to say children shouldn't have sex at all and need adults to consent to anything medical related to their bodies "for them" but that doesn't mean its true.
Actually, plenty of people are still capable of consent while intoxicated. It just depends on the people, how intoxicated they are and sometimes whether they consented before becoming intoxicated or not.
Intox(ication) play, in fact, can heavily involve exploring having sex while intoxicated and relies on informed consent, where someone makes a decision beforehand to do something even if they don't know if they'll be in the mindset to take it back during.
But this doesn't mean intoxication can't affect consent. Some people completely lose their ability to consent when they're intoxicated, or at a certain point of intoxication.
This would mean that, if they hadn't agreed to it beforehand, someone who's sober and/or less intoxicated and taking advantage of their lack of filters to have sex would generally be assaulting them.
But it depends on the people and the situation. Much like most power dynamics, it's just not as simple as "someone has power over someone else, so there's no scenario they can consent".
I hope this clears that up a little! But feel free to ask me more questions, even on this same subject if you want! It's a good question. <3