yeah, it's a grey area, but it was consensual. I don't want to get to far into the semantics of the laws I really don't know.
Though this is how Silvia would play it out. If the police didn't just take Silvia's side from the start of course.
Silvia - "But officer, she said she DID want to have sex with me."
Officer - "Is this true mam?"
Claire - "I did, but I thought I was dreaming!"
Officer - "Then there is no crime, you gave your consent, but your mistake doesn't mean Silvia did anything wrong."
My law knowledge really stops at 9 months of criminal justice in another state which i won't say for identity reasons. Here, if you get drunk and have sex with some one you wake up to and decide that person was ugly or you wouldn't have done it if you were sober, you can't call rape. It's what we called "Buyers Remorse", you gave your consent, even while under the influence, there is no crime.
The only thing that might prove Silvia guilty is if they brought evidence of the drink, but neither Claire or Javier questioned it so they have no evidence of it either. that was a lot longer then I wanted to go into that. Once you start having to explain things, it loses the silly porn logic.