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As far as I can tell, it will always be rape and prosecutable against the man if EITHER party is drunk, at least that is what they tell us at school in California. If the girl is drunk, she didn't say yes, if the guy is drunk, he couldn't have been in a state to understand the lack of consent. Also according to rape laws here, if a woman regrets it the next morning it is still rape. If she ever at any point regrets it, she has a case to make it rape. A guy on the other hand is SOL.
It's rape if a wife doesn't want sex but a husband forces her, even if it's not through physical force.
It's rape if the girl vocally consents, doesn't regret it, but lies about her age and the parents want to prosecute, even if they met in a bar or nightclub with a minimum age above 18, even if the guy is under 18.
Date rape is a huge problem, but laws have been created that themselves can be problems.
One solution that schools propose to their students (albeit an unrealistic one) is to actually have a written contract saying exactly how far either party will go, in a sort of checklist.
The real solution is to make sure you know what you're doing before you do it. Know who you're doing it with, and make damn sure you know what their intentions are before you do it.
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