You should. You can't assume consent, no matter what cultural norms might suggest.
I suppose I should clarify my original post.
Pretend we're not talking about this rape article. Pretend you're a...guidance counselor. Or a genius detective. All you have is a scenario: a guy and a girl go out to several bars and get drinks. The girl doesn't want to have sex - because she's intoxicated now. Incidentally, the guy is also intoxicated. The girl invites this random heterosexual drunken male to sleep off his problems with her in her bedroom overnight.
Would you have any concerns to voice over this scenario? Might you expect any undesirable outcomes, or has everything presented to you seemed reasonable, without need for adjustments?
If you do have concerns, why?
I'm not saying she was asking for it, that she implied consent, or that she deserved it. I'm saying she was a fucking moron and made a stupid decision, possibly due to her intoxication. As did this guy, apparently.
Here's the thing if you and I get drunk and you take a taxi and give the driver your wallet to pay that's a bad decision. If I get into a car and try to drive home and kill a family of 4 I've also made a bad decision but one is badder than the other.