In a situation where both parties were inebriated, how exactly do you prove you did not rape someone?
Would: "He/She never said 'No'" work?
How about: "He/She moaned and made other pleasurable noises throughout"?
If going in a jury has to assume the accused did indeed rape the accuser, I doubt that would be good enough. What sort of defense do you use when the obligation of proving your innocence lies on you? You wouldn't be a defendant at that point, you would be on offense.