Is is illegal to have sex with a drunk individual?
2 attorney answers
If it is illegal to have sex with a drunk person ... well ... grindr would be out of business. You are not going to be charged, in my opinion, because the matter is too embarrassing ... Trolling for sex online is bound to end badly. Quit thinking you will be charged with committing a crime when all you did was something stupid, public embarrassment stupid. Good luck to you.
The legal issue is whether the person was intoxicated to the point of being unable to consent to sex. It is unlikely (but not impossible) that the State would take up a sexual assault charge two years later under these facts. If you can still access the text exchange you had, I would screen shot and preserve it. If you have statements in writing that he wanted to come to your place to have sex, you have a strong defense.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.