We talk about "informed consent" not being able to be given when drunk. What happens when both parties are drunk?
I guess in this specific circumstance, how is anyone supposed to know how drunk each person was at the time intercourse may have been entered into? (I use the word 'may' as the defendant has denied any intercourse took place)
If it's a general question of who was more drunk than who at the time... How is person A supposed to know the exact level of drunkness of person B if person A is themselves drunk and impaired?