Beyond a reasonable doubt. Remember that. It's not "most likely." It's not even "very likely." It's beyond a reasonable doubt.

While I personally question whether a drunk can consent in this particular case (I don't think they could), convicting on this alone would open Pandora's box. Anyone ever getting it on while drunk would then be a criminal worthy of a long jail sentence. I'm not sure this is fair. I don't know if you can make this blanket statement.

As a result, the judge has to make a call: is this any possibility whatsoever that things were consensual? Of course that possibly exists, and the accuser here can't remember otherwise. So that sure does sound like reasonable doubt to me?