When the situation gets out of the grey area that's just regular old sexual interference/assault. Attempted rape means nothing at all actually happened, which is why it is not often successfully convicted. But if you stood up in a court of law in my area and said, "My Lord, I was trying to sell her an encyclopedia set," the judge would say, "Sure, and I was born yesterday."

I should clarify that when I said it would hold up in court I meant that the charge would be valid. Given the number of committed rapes that are successfully convicted (about 1 in 16), I would have to have pretty solid evidence of the guy's intent in order to have him convicted. But by the time I got the case to court, the guy's reputation could be fairly effectively smeared. Which is why it's important that people know that in many places having sex with drunk people is legally rape, and they should find out which places those are before they follow that advice.