Yes.
If she knows she didn't consent. He took advantage of her. Bidaar needs to fix up and not be a rapist.
Bidar was out of his head too, how can he be expected to ask Brenda for consent in a situation that takes on a life of its own once senses are dulled by alcohol?
In such a scenario, it cannot be proved beyond reasonable doubt that Bidar had sex with Brenda without her consent as they were both off their head, and acting on instinct.
It would be a different case, if Bidar had taken Brenda back to his lair while she was unconscious. Even then, without video evidence or witnesses, how can it be proved beyond reasonable doubt if she has no recollection of how she ended up naked in Bidar's bed? If Brenda cannot recollect if she gave consent, tough! She should have thought twice before guzzling Prosecco like its Biyo.
Mr Wanagsan should not be charged with rape as it would go against the judicial spirit of fairness.