California has just implemented "Yes means Yes" into law for colleges. It basically says:
"Lack of protest or resistance does not mean consent, nor does silence mean consent,"
So if the person is not reciprocating actively, or not saying anything, or barely conscious and drooling, that doesn't mean consent. Too many men would argue if they initiate sex with a woman, unless she actively protests, they it's consensual... even if she's barely conscious.
There is a huge debate over here about it - along the lines of, most sex is by nature not explicitly consensual - it's a lot of exploration and experimentation. However, the law is designed to shift social norms and expectations to what consensual sex looks like and moves the burden of proof from the accuser to the accused.
The biggest reason it's succeeded in becoming law in parts of the USA, is because of the huge numbers of sexual assaults in colleges and schools - something like 50% women experience some sort of non-consensual sexual contact.
So, On California campuses, consent is no longer a matter of not struggling or not saying no. If the student initiating the sexual encounter doesn’t receive an enthusiastic “yes,†either verbally or physically, then there is no consent. If the student is incapacitated due to drugs or alcohol, there is no consent.