i am going to have to take you at your word that you think taking advantage of "a drunk" "does make it a crime". but since i'm pretty sure you made another typo: rape is defined as unwanted sexual advance. there is nothing to say that "actual rape" exists, unless to say that "actual rape" means that something happened against the will of the person being raped.

this is why passing "yes means yes" laws are so important, because otherwise it's up to the victim to prove they said "no" at each and every point along the way, and that they were able to say "no" at each and every point along the way. this is incredibly difficult if the situation is someone who is too inebriated to say their own name coherently, much less agree or disagree to someone's sexual advances. and even more difficult if we have to assume that a good faith attempt at resistance has to have been attempted before we can call it rape. it's not for you to decide whether or not someone thinks they were raped, it's the victim's decision to pursue rape charges. and it's up to the accused to prove they did not rape the victim. if a victim says they were raped, they should be believed until it can be proven that they were not raped. end of story.