Squeaky
It's ironic for me because I disagree with your statement about rapes being unavoidable.
It doesn't matter how much a woman drinks, or what she does, the only thing that makes her prone to being a victim is meeting a rapist.
All this stuff about not drinking making things safer. No! Women get raped when stone cold sober. Might as well say 'Avoid marriage' as a high percentage of rapes happen within wedlock.
In fact, a woman can get completely rat-arsed, go to bed with a man, kiss him and change her mind and he will say 'fair enough' and not touch her further if he is not a rapist.
Staying sober does not prevent rape.
It's ironic for me, though, because in your scenario here, I could not send the guy down for rape if the woman cannot remember what they did in bed.
'Probably didn't consent' to sex ain't good enough reason to convict a man of rape, I'm afraid.
I'd be more than happy to send a man to prison to rape no matter how pissed the woman was or how much they had flirted all night. But probably did not consent? Not good enough, I'm afraid. She has to be sure in her own mind about what happened.