Ive been thinking a lot since ep4… i think the fact after porsche puked a lot of the roofie was flushed out of his system bc he was in mostly control of his motor abilities, could recall memory very well (teasing kinn about the kiss), and had the general symptoms of being drunk- so mostly it was just impaired decision making.

being almost fully unconcious with vegas and actively resisting him vs actively seeking out kinn who sort of resisted at first (also important but he was not completely sober either since he was drinking earlier at the auction). i think that since the show has improved upon the novel so much (especially on sex and consent), and there are certain parts that they can't completely omit out, but a lot of the ethics of the scene can be decided by porsche's reaction the following morning (to gauge how in control he was the previous night). This is a scene which can be overlooked as a writing choice, which was considerably much better handled that most bls. Non-sober consent is not completely consent, and in really life all of these arguments are invalid, but the show did so much better than the source material, and even made the instagram post,which personally feels like a good ending to the discourse.