does that still make it rapey?
Was it reasonable for Josie to believe he would consent to sex while sober?
If Jake had explained to Josie that he was really hurting about breaking up with Janie, and didn't want to do anything that would jeopardize his chances of fixing that relationship, then it would not be reasonable for Josie to believe he would consent to sex while sober and therfore she shouldn't have had sex with him.
Unfortunately our society's sexist gender conditioning have ingrained lopsided expectations that people have to navigate.
Is it unfair that it's more reasonable to believe a drunk man would soberly consent to sex? Yes. But that doesn't change what's reasonable for Josie to believe. We don't know what information was available because it's a hypothetical, we can imagine all sorts of scenarios.
If you're not able to assess if a person would soberly consent (because you're drunk, or because they're drunk) do not have sex with them.