Actually, if you are in USA, that is exactly the kind of situation that would fall under the "sexual assault" (which typically has lower penalties, AFAIK), as you mentioned before, rather than rape .total and proper use of ALL her mental faculties" to give that "consent"... Therefore, if a woman is under the influence of ANY substance that diminishes her mental abilities (drugs, alcohol, etc) can be considered a "rape" even if she consents to that act.
Though of course if you are the one that made her so drank she did not really understand what she was doing, could still be argued as rape, and anyway, I may be wrong, but there have been cases when the level of alcohol was not zero, yet they were not ruled as rape or sexual assault, because she had consented or even taken the initiative, and never said "no".
This subject already came out, and there is one element in which, game or reality is for sure the same in many, if not most, jurisdictions (I would say most, but now I am referring to the World, not to USA, just to be clear).
Either she decides to call it rape and report it as such, or whatever the law can say become in reality useless.
Which goes back, in "our" erotic fantasy game, to the point that insofar as Myriam does not call it or see it of think about it as rape and report it as such, we can call it what we want, but for her, it is not rape, even if people exploit her trust, push her everaging her being submissive, etc. (and by the way, all these are choices the player, thus Myriam, has to do, even if other time naturally build up and become an inclination for her).
The only two cases that we can see she consider as rape, sexual assault, or whatever we prefer to call it, can be considered Anthony, at least past a certain point (though admittedly we do not see her report it as rape or sexual assault in itself), and the criminal in the park, both cases where she does take actions against the culprit (or suspect, if you prefer ).
Though it is funny to see how some points and debates come back from time to time - but at least, this one did not get in a flaming rampage :-D