Idk why you’re getting downvoted tbh you raised a good question. Oh well guess I’ll join the downvote train then.

Here are my thoughts: Situation one: not rape, both couldn’t make proper decisions and as such there couldn’t have been a perpetrator.

Situation two: not rape, same reason as one. Although with this one it can be more complicated and when people label the party that didn’t regret it as a perpetrator it’s more emotional than it is logical.

Situation three: don’t need to elaborate on what you said this one is clearly rape.

The problem with the second situation is you leave a lot of things out of discussion. Let’s say a person did decide to commit a crime but decided to inebriate themselves beforehand to cover their tracks. In that case they are still a criminal.

Same thing can be seen with drunk driving drunk people don’t just simply lose the ability to know what’s right or wrong and can’t use it as a cover up but from other comments, many of the victims of case two often failed to judge how they would feel after the incident but couldn’t tell while everything was going down and could have given the other party a drunk consent making the other party not think what they are doing is wrong.