From what I gather, the biggest problem in a lot of situations that fall in this category is, it tends to be he-said/she-said.  Without proof, I'd imagine it's very difficult to distinguish between, "We were drunk, and I regretted it the next morning", and, "He/She wouldn't stop when I told them to".  Unfortunately, given the circumstances and possible punishments, I don't think a middle ground exists where both sides of this argument are happy.  One side will always feel they are getting the shaft.