I think the reason there is so much backlash against this is because posters like this are causing more damage than they fix by causing people to be permanently afraid of having sex. Yes, these posters help to prevent rape, but in the process they are preventing legitimate sexual encounters from taking place. That is unacceptable. If the makers of this poster don't understand the permanent damage it can cause to someone's life to be unable to get aroused to have sex because of the constant reminders of possible punishment even when said sex is likely legitimate, then they should not have a say at all in designing posters like this.

I think the best way to put it was /u/Korotai comment:

Oddly enough, WV State Law is pretty specific and progressive about this: State Code §61-8B-2: Lack of Consent: c4) Mentally Incapacitated c5) Physically Helpless Mentally Incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct as a result of the influence of a controlled or intoxicating substance administered to that person without his or her consent or as a result of any other act committed upon that person without his or her consent. Physically Helpless: means that a person is unconscious or for any reason is physically unable to communicate unwillingness to an act. Maybe I'm reading it wrong, but it appears having sex with an intoxicated person is not rape in this state (since they voluntarily consumed the alcohol) because they're still conscious and able to communicate. However, once the person becomes slobbering drunk/passed out it then becomes rape. Also, there's no gender distinction - it goes both ways here.