Mistake? I don't see how can someone possibly mistake uncounciousness as consent. Besides, the girl didn't even knew who he was even tho he was the emperor, if he ever thought she was interested in him, it is pure arrogance on his part. Also, his conversation with that duke makes me think that he knew who she was and was interested in her before he took advantage of her vulnerability.
So to me, one way or another the narrative is forced.
But the thing is, it doesn't really matter what the emperor thought.
It matters that he found her in a vulnerable state and instead of send her to her family or to find a separate room for her to sleep it of, he chose to take advantage of him. That shows a lot about the type of person he is.
And again, the Duke knew about her before even knowing the emperor slept with her, which means the emperor was already interested in her before that particular encounter, which could also mean it was premeditated, could even mean he spiked her drink (extremely improbable, since the author is pushing for romance, but do you understand that that could be a possibility?)
Hm... How can you be a noble and not know what the Emperor looks like or at least generally know his unique features (like having silver hair and blue eyes)???? And why would an emperor resort to sexually assaulting* someone so backhandedly when he could simply summon her to the palace?
* Yes, if you take someone passed out drunk and have sex with them it is sexual assault, even if he just took her clothes off and slept on the same bed I would consider it harassment. In her place I would've honestly woken up terrified.