@kuro-tan
Now you are removing all agency from the person that drank. Which is extremely rude towards them. The fact is that this is complex situation and it completely depends on what the recipient considers it afterwards.
Your attitude on this matter is very recent thing. For most adults they consider doing stuff like this as "aw shit, I made a mistake and drank too much last night. Oh well." Rather than "oh my god, I was raped!"
Here is a quote for you:
"If someone alleges they were physically helpless or mentally incapacitated at the time of a sexual encounter, they’ve laid the groundwork for a rape charge."
In short, the drunk party has to consider the exchange to be an assault for it to even have grounds to be one.
If she doesn't consider it a rape? It isn't. You need to take into fact the agency of the drunk person as well, both before and afterward the incident.