If both had had ridiculous amounts to drink and neither could remember anything of the night before, would one of them have grounds to go to the police and press rape charges? Stuff like that kind of seems like a grey area. Obviously if one party was making specific advances or feeding the other alcohol in a particularly pushy way or drugging the other, then yes. But if both parties were too drunk to consent, would this affect things?
Mostly interested because of a few comments in the Ched Evans thread (this obviously not relating to CE, because he's clearly a scumbag).