I think it depends on how the other person is. There are several grades of being drunk, from being capable of making a conscious decision, to not knowing where the hell are you. I had sex drunk, and the other person was sober, but I certainly wouldn't call that rape.

The rapist. No one should rape no one. There.

Now, there's no need to insult everyone simply because a few of us like to spout "nonsense". If someone says something that is wrong or incorrect, don't shame them. Correct them and give your opinion. 

If 5 bottles of beer is enough to get drunk, you're definitely not in America XD

I've read a lot suggesting your situation would be sure fire rape if you were a female. But I think it's a lot more complex than just going "I was drunk so could not consent".

You are still responsible for your actions while drunk, if you commit a crime drunk it's still a crime.

If you give consent while drunk, it's still consent.

If someone intentionally gets someone else drunk so they'll sleep with then however, that's definitely pushing the boundaries.

Alright let's play this game, so you say if a guy has sex with a drunken per definition he is raping her. In my opinion having sex with a probably drunken guy while being intoxicated is your own responsibility. That doesn't make the guy a rapist, if the girl regrets this, while that's sad but that doesn't make the man a hardened criminal. 

Rape is inconsistant sex by which one of either parties is forced to do things he or she doesn't want to. This can happen trough external toxicitation, pills or feeding someone drunk. But Op scetched no such image. The other way is forcing yourself upon a victim, which is Rape. A guy which has sex with a Drunken Girl is not per definition a rapist and if the girl regrets having sex while being wasted at a club, she might not should waste herself at a bar of club.

You accuse everyone that ever had sex with a girl that was drunken as a rapist. Do you know how many people you insult with that opinion.

But as for mental capacity I answer OP is question by saying having consistent sex when you are drunk is not rape, while you go shit face banana over the fact that everyone who agrees with that is a narcissus pervert which approves True rape. Which is way different and more dangerous than having sex while drunk and regret it. But entertain me with your vision.

No here's why I say that. My two guy friends and a girl who hangs out with us al stayed the night at my friends house. We all get drunk and my friend and the girl go on his room and have sex. About 20 mins later my friend comes out and says she's not feeling good and is going to puke. She pukes and is pretty much done for the night. It was crazy cause no one really drank a lot. So the next day I'm talking to my friend through IM and he tells me that he was talking to her and brought up them having sex and she had no clue it happened and started crying. She called me like five minutes later and asked me to come over and smoke with her and I told her what happened last night. My friend was her second and while they most likely would have had sex eventually that was quick for her and she didn't like not remembering. I felt bad for her but my friend is nota rapist that's not what rape is. Call it something else and slap a law on it if you want but I won't treat people like that the same as rapist cause it's not.

Why are your getting drunk then. The glass told you to? You might as well try to sue tobacco companies, if you get cancer.

Yeah, and lost. That's my issue. You chose to get drunk. You accepted all the possible concequences for that action. Just like if you killed someone driving a car drunk. Who you gonna blame? The car company, the bar tender, the glass maker, the alchol maker?

I dont think this is such a complex issue, for me what consitutes rape is clear:

If Person A is drunk and is physically forced by Person B to have Sex its rape.

If Person A is drunk and is further being intoxicated and Person B has sex with Person A while Person A is unconscious its Rape.

If Person A decides while drunk (and still able to walk and talk) to have Sex with Person B and then regrets it on the next Day it is NOT Rape.

If Person A is drunk and Person B is drunk and they end up having sex its not Rape

Luckily I dislike drunken Sex as Alcohol makes me numb and the experience is less pleasurable and I dislike drunk people when I am not drunk myself. So I never had any regrets nor my partners as I prefer people that can act responsibly even while drunk.

If they are unable to give consent, then yes. Simple as that.