Let’s get this straight: if a drunk person consents to sex, it is not ‘rape’. Because the decision to get drunk is in the power of the person giving the consent.
However, over the last 25-or-so years, the laws have been changed: if a person (a female person, that is) is ‘intoxicated’, then she is ‘not competent to give informed consent’ to sexual intercourse. Therefore, if an (equally intoxicated) male performs any sexual act (ranging from groping to actual rape), this is legally defined as ‘sexual assault’.
Not a particular fan of that law (because it is obviously misogynistic, as it states that an intoxicated female is less competent than an equally intoxicated male), but, this is the law of the land and until we can find legal ways to challenge it, it is binding on all members of our society.
“It’s not rape when a Muslim does it!!!!”