I don't know where you guys all live, neither am I familiar with the laws in most other countries, I can only speak for Germany. Having sex with someone who is inebriated but offers no resistance is generally not considered rape, if the accused did not also threaten them.
At least it was like that last time I checked. Our minister of justice sought to change the laws concerning sexual abuse a while ago, but I actually don't know what became of that.
But laws are different in each country, judges might interpret them in different ways, et cetera, so I see no harm in a dubious consent
tag.