If a married couple consumes alcohol and the husband has intercourse with his unconscious wife, what can he be charged with?

The most appropriate charge in this scenario is a lack of consent. Consent is a fundamental legal requirement for any sexual activity. If one party is unconscious, they are not in a position to give informed consent to engage in sexual intercourse. This lack of ability to consent renders any such act illegal and potentially qualifies as a serious crime, such as sexual assault or rape, depending on the jurisdiction's laws.

In situations involving intoxication or unconsciousness, the law explicitly recognizes that consent cannot be given. The definition of consent includes the capacity to agree to something freely and willingly, which cannot occur when an individual is incapacitated. This is why the correct legal framework focuses on the absence of consent in this situation.