I am not defending anyone, I believe that misfortune is averted when all parties who could have prevented a situation in whole or in part assume responsibility for their actions.  I don't know how the sex transpired as in when the young woman blacked out.  Do you?  All we know is that when the witnesses showed up she was passed out.  Have you ever drunk to black out stage?  We simply do not know what transpired between the young man and women before the witnesses showed up.

In my opinion your comments about drugs are completely irrelevant.  

Ask yourself how we are going to prevent this drunk on drunk misadventure.  Are you unrealistically going to say that drunk boys should be lucid and make reasonable decisions when black out level drunk?  That is not going to happen.  Are you also going to say that females can drink out of control and have no responsibility?  Of course, we will get recitals of don't blame the victim.  In drunk on drunk cases, who is the actual victim?