So if it's a guy who is too drunk to consent then it's rape?
Not getting it here..
Too drunk to consent would involve (a) patent inability to consent, inarticulateness, calling one another name, slurring words and intelligibility, etc. or (b) unconciousness.
Any woman who is drunk and in this state has been raped.
HOWEVER
If you are sober enough to consent and participate, it is consensual, even if you can't remember it in the morning. That just means you have a drinking problem, and need to correct your own behavior instead of blaming other people.
Since Thomas was drunk, passed out, and has witnesses that he did not consent, yes, he was raped.
If Devia is drunk and speaking what sounds to be a bastard dialect of Ancient Phonecian, and someone takes her to bed and has sex with her - she's been raped.
If Devia is passed out, and J. Random Stranger hops down and helps himself (Or herself), she's been raped.
If Devia, in her drunken euphoria, tells J. Random Stranger, "Stranger, I am going to rock your world tonight!" and she is in either of the above states by the time ol' J. Random gets her to bed - she's been raped.
However, even if Devia is drunk as hell, if she tells J. Random Stranger how much she is going to rock their world, andgoes under her own power to bed, and participates in the sex (Even if she passes out once sexually sated) saying"Do me, do me, do me!" - even if she wakes up in the morning and says "Where am I, who is this clown, and what am I doing here?" - not rape.
"What if" Devia and J. Random are alone, and (a) or (b) happens, and J. Random claims (c) - well, yeah, that is a possibility. But once you start making an accusation proof of guilt, Devia might be on the recieving end of a "(s)he said, (s)he said" accusation involving rape, robery, et al, somewhere down the line - sure we want to live in that country? The people of Salem Massachusetts sure found it unpleasant a few hundred years ago.