D Has Sexual Intercourse with V, Who Is So Drunk

D has sexual intercourse with V, who is so drunk that she does not know what she is doing. Which of the following represents the law:

A) V will lack the capacity to consent and a rebuttable presumption will arise under s75[2][d] SOA 2003.
B) V will lack the capacity to consent and the issue of agreement by choice under s74 SOA 2003 will arise.
C) V will not lack the capacity to consent because she was still conscious.
D) V was willing and should have known better.