If I fuck her while she's sleeping and she doesn't wake up, it's not rape.
>she was drugged
did I drug her ? No: not rape, Yes: not rape, assault.
>she was drunk
did I pour the drinks down her throat ? No: not rape, Yes: not rape, assault
did I threaten her to herself drunk? No: not rape, Yes: not rape, coercion
was she of legal age (14): not rape