Legally, you are wrong, at least per the last place I lived in the US.

"If the alleged victim is intoxicated, drugged, comatose, or disabled and the offender know or reasonably should have known of the condition, he or she is not considered to be able to consent."

source: https://cantorsexlawyers.com/sexual-assault

In practice, a lot of this depends on prosecutor discretion. I believe the same is also true in California: https://properdefenselaw.com/drunk-sex-rape-in-california-ca...

Of course, it could be that these places have themselves absurdly overextended the word rape.