I think you're kind of dodging Erz's question. Just to give you an example of what he's talking about, one time my girlfriend was at a wedding that I was not invited to. She got drunk, and when my girlfriend gets drunk one thing she does is crave sex. This rarely happens because she doesn't drink very much but she did on this very occasion. So the whole time for the rest of night she was being very touchy-feely and trying to initiate something with me for hours. In this example, he is saying that I should not be held accountable if something happens. This is of course assuming she doesn't wake up in the morning regretting the decision or anything like that. But the example provided stated this. I think this scenario is what Erz wants you to address. Not the hypothetical regret next morning provided. Simply put, should this be considered rape?
For the record, I did not end up doing anything with her that night, but that was because she went to sleep about 20 minutes after we got home. Had she not fell asleep, I am sure she would have kept trying to get me to succumb. I am not passing judgement on your opinion, either. I just want to get a better understanding of your definition.