Your answer is great, but it really addresses whether Josie ought to hook up with Jake, not whether doing so would be rape.

As a young man in my 20s, there were plenty of times I ought not have had that 6th beer, ought not have ate some more cake, ought not have driven quite so fast.

To me, if someone cheats on their partner while drunk, even if they would not have done that while sober, that does not make them a rape victim. It may well make both participants repugnant scum, but the term "rape" is a serious one and I don't think it really applies in my this specific example.