The difference was that the first man was the one who was out with her earlier, and before the point where she was too out of it to make decisions. So it could be stated that she was still of a normal mindset when the conversation was leading 'that way'. He then slept with her once she was out of it but had soberly (enough) led it that way to a degree. Ched Evans however came in after she was beyond the point of control and slept with her without her probably knowing about it, she didn't say yes to him in a way she may have to the first guy.
Either way they're both utter tw*ts but there are differences between the two actions, even if both should be deplored.