The issue of decisions made while drunk is one with far-reaching consequences. If people are unable to understand consent, they must also be unable to understand the consequences of pulling a gun or driving while under the influence. The law has always held that drunk people are responsible for their actions while drunk, and the logical extension of this is that they are legally capable of consent and participation in many actions including sex. 
Inability to get a criminal conviction does not mean the perpetrator gets off Scot-free. Ghomeshi lost his job and has been hounded by the press ever since. His reputation is gone. The Taxi driver "will not drive a taxi in Halifax anytime soon", according to his (ex)boss. The victims still have the option of civil suit, where the standard of proof is far less. Muslims in Halifax must be furious at him, and the other four who were charged earlier this year. They have tarnished the image of all Muslims who have immigrated into the city.