In the first scenario, the woman may have consented, but she had impaired judgement handling the decision, something which the guy may or may not have realized. If he realized that she was drunk and took advantage of her, then I could see that being considered rape. If not, then maybe the guy wasn't to blame.
Now, for scenario two. In this case, both consented on equal grounds. It's worth noting that the woman asked the man for sex, so if anything she was probably more to blame than the guy. But regardless, it's not rape.
So, I guess it's determined based on motives and whatnot.
bet: lost







