The hell?!!

i mean they were all drunk and one was just drunker than the other 2. This is from someone who spent a good chunk of their life on a cocktail of alcohol, drugs, and sex, you just kinda come to terms with it. Sometimes you had sex when you were drunk, and it wasn't rape, as it was all consensual, even if you don't remember it after.

Even if all parties are drunk... it's still rape. Even if he asked for it, it's still rape. If you cannot legally drive a car, you cannot consent.

This.
Furthermore those two were conscious enough to remember everything, they knew they were doing something wrong.

you do realize people don't notice it when you black out right, especially if you still seem completely normal. I call it teleporting, you zip back and forth into consciousness, and no one knows it but yourself.

This is about the mental state of the person or people giving consent, not how other people perceive it. Again, if you legally cannot drive a car you cannot consent.

jeez everything is rape with you people.

He's not wrong, i studied law no no matter how ppl perceive it taking advantage of a person in a drunken state who can't make rational decesions and having sexual intercourse with them is actually rape, in a legal standpoint that is, but i understand where you're coming from cuz just like you i did crazy stuff even now, i mean you know at some point in a drunk sex when you're feeling good you emotionally decide its consensual without having to declare it! but it's not something to fuss over it since you actually benefited from the feeling unless you felt disgusted and didn't actually want it and even resisted but they still had their way with you

yea but you have to take into account the situation these characters were in. The 3 of them have been drinking for hours, one of them blacked out then initiated sex with the other two who, at that point, most likely drunk enough to be deemed illegal to drive a car (which was the previous commenters' point). And the thing with consciousness while drunk, it depends, sometimes people get shitfaced and remember everything, sometimes people black out on the third drink, my point is that how are the other parties supposed to know, THEN stop themselves from having sex that was initiated by the other person, when they're fucked up themselves? Everything you do while drunk is something you would do while sober had you not think about its consequences.
I'm no rapist apologist and most rape in yaoi is just ridiculous, but this situation just isn't up to the same fucked up standards that that trope has.

This underlying issue is that rape is a plot point. Someone wrote wrote this and is normalizing this behavior, just like you are doing. I just want to reiterate that even if everyone was drunk, they're confused about if someone is sober or not (even though they were drinking with them), and he asked for it... it's still, by definition, rape.