If a 44 year old man had sex two times with with a 18 or 19 year old young man is it illegal

the 44 YO has a clean record the 18-19 YO is and claims to everyone he is by and likes guys older. During a party thy all were drinking even the 18-19 YO young man as they all went to bed that night 44 YO & 18-19 YO thy went to the same room. Then the young man got up and went out and told his Step Papa that the older man went down on hem & he told his Papa he told the older man no do not do it. but never waking the older man up that was accused. After a week went by the young mans uncle went by and talked to the older man that were real close friends, told him what went on that night the young man wonted to call the cops but he said no because y'all were very drunk let's take care of it our self. the young man Step Papa wonted to call the cops as well but the uncle said no. So what I'm asking in this cases what can happen to the older man