M. and K. were both intoxicated at an off-campus party. M. persuaded K. to go into a dim hallway and to have sexual intercourse after K. passed out on the couch, and K. had no clear memory of agreeing. Which of the following statements most accurately describes this interaction?

• A. M. and K. engaged in consensual sex.
• B. M. committed the crime of rape or sexual assault.
• C. Because both parties were drunk, the encounter, while regrettable, is not criminally rape and cannot be prosecuted.
• D. Because K. had been drinking, the conduct can only be addressed through a university civil process and not by criminal law.

Answer: (B)