if both the girl and the guy are intoxicated equally and the girl is not passed out, is not throwing up,etc. and she can participate in the sex act and not just lay there; and the guy does not trick her into drinking anything that will get her drunker than she expects; but she wakes up the next day and regrets it (even though she remembers it), is it rape or just a situation where they both had a bit too much to drink? in your opinion.