Gray Rape: The New Form of Date Rape

While everyone is familiar with the concept of "date rape," the new term of "gray rape" is unfamiliar to most people. Gray rape is defined as a sexual encounter in which consent in uncertain. Usually both parties had been drinking, and were very intoxicated when the encounter occurred. For this reason, often neither person specifically remembers giving their consent.
So is this rape? Some people, like Ms. Stepp from the New York Times article, do not believe that there is such a thing as "gray rape." She says, "For me, rape is rape. I don't really know what the term "gray rape" even means." Her sentiment is shared by many people. Gray rape is, by definition, a "gray area" of sexual assault. This issue raises many difficult questions about the crime of rape. If a girl says no, then has too much to drink, and says yes while she is intoxicated, is it rape?
Personally, I think that the concept of gray rape is too vague to evoke any real social changes. For example, in the video we watched in class, that girl had too much to drink and was sexually assaulted by her male friend. This is an instance of gray rape, and although it is tragic and wrong, it is something that happens every day. What's more, it would be almost impossible to convict the "gray rapist" because with the consumption of alcohol, the man could reasonable claim that he thought she had given consent.