Alcohol and drugs are not an excuse—or an alibi. The key question is still whether or not you consented. Regardless of whether you were drunk or sober, if the sex is nonconsensual it is rape. However, because each state has different definitions of “nonconsensual,” please contact your local center or local police if you have questions about this. (If you were so drunk or drugged that you passed out and were unable to consent, it was rape. Both people must be conscious and willing participants.)