It seems abaya's case is a bit different from the specific type of case listed in the OP. It's about the effect of intoxication on capacity to give consent.
I find it dubious that a man can find a woman passed out in the street and vomiting and still reasonably think she's in a position to give informed consent, and it seems that he would be highly motivated to remember, interpret, and report things in such a way as to cast himself in better light.
Clearly it would be nearly impossible to get a conviction here, as the evidence is going to come up short of reasonable doubt.
Getting drunk to the point that you pass out on the street and lose your memory of what happens next is clearly foolish and demonstrates some poor choices were made. This is behavior that any woman should avoid because it impairs her judgment and places her in situations where she may do things she's going to regret later and also places her at much greater risk of being sexually assaulted. This is all true. It's also true that men should avoid getting intoxicated to this degree because it can lead to the same foolish decision making. Sexual assault, though a risk, is much, much smaller than it is for women.
It doesn't, however, mitigate the responsibility of the man who is with her to ensure that the woman he is having sex with has given her informed consent. Simply being drunk isn't enough, but there is a point at which a person is intoxicated to the point of incapacity to consent.
I'm not referring to two people who get drunk, have consensual sex, then regret it later. That's stupidity, but not rape. Nor am I referring to false rape allegations that occur as a result of later regrets. Those are offensive and undermine the credibility of women who have actually been raped.
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Originally Posted by abaya
That is my point... that no one is 100% innocent.
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In your situation, this may be true, and if you were referring specifically and only to that, I'll not argue with you.
However, in a more general sense, there
are rape and sexual assault victims that are 100% innocent.