I can try my best to explain, I'm from Canada, not sure about the laws where you're from but in Canada, we actually refer to it as Sexual Assault: Canada's Criminal Code has no specific "rape" provision. Instead, it defines assault and provides for a specific punishment for "sexual assault". In defining "assault", the Code includes physical contact and threats. The provision reads: 265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
In my specific case, I knew who the girl was. She had been interested in me before but I was unaware of this. The day before she had told me that she wasn't going to be drinking that night at all. I ended up getting blackout drunk, and she hadn't drank anything at all. My good friend who I was with kept trying to take me home to my house, but the other girl kept insisting that I could just stay at her place because we had a 10 am class together the next day, and according to my friend, the girl told her that I could just crash on a couch. So she I guess dragged me out of the club, threw me in a cab and brought me back to her room. She then iniated sexual intercourse with me, without my consent (had I been sober and aware I would NOT have had sex with this girl, I was not attracted to her at all). I was actually discussing the incident with other people who happened to live on her floor, and apparently she DID do this, she preyed on extremely drunk guys, would bring them back to her room, and proceed to have sex with them...many of them not even aware what happened until they woke up.
Now, I understand what you're saying but here in Canada, you have to ask to have sex...as you should "hey are you okay with having sex" Had I not been so drunk I would not have consented. I guess you could put some blame on me for being super drunk, but the law is the law. In Canada you need consent. Its very controversial here. But in my specific case, I hold that I was sexually assaulted by someone. It was not a "oh shit I regret last night" it was a "wtf I did not consent to this, you had sex with me" I hope this clears it up somewhat.