Sure thing.
In Florida:
Under First Degree Felony Factors:
http://www.ehow.com/list_6685126_florida-rape-laws.html
On a different website advertising for defence attorneys:
This law is more or less the same in every state. Being drunk is considered being mentally incapacitated.
This is why the Steubenville rapes were, in fact, rapes. Because guess what? She didn't explicitly say no, she was too busy being incapacitated, and yes, she was obviously more incapacitated than what most people consider the cut-off of the incapacitated/sober line to be.
BUT this is totally off subject, because neither of them were drunk (At least I'm hoping they weren't). My saying that you can't consent when you're drunk comes from several personal experiences. This thread is focused more on Statutory rape, and the fact that absolutely no one is denying that this is statutory rape.