Definition of rape:
1-(1) A person (A) commits an offence if—(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,(b) B does not consent to the penetration, and(c) A does not reasonably believe that B consents.(2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
Notes:
- I suppose if you're drunk you could argue that it wasn't intentional. Your drink may have clouded judgement etc
- How can you reasonably believe that the person didn't consent if you were both drunk? I don't know about others but I can barely get onto a train drunk let alone think rationally... So that point is probably out of the window too..
Probably not rape but is bloody stupid at the least! I know a few people who say they'd like to experience drunk sex...personally no thanks.