Unfortunately i think this depends on where it occurred, as in what country, state or territory. The laws may be different in some places. Also, about the being charged bit, if this went to court and the other person had a half decent lawyer i would say that they would likely argue that they had not been in their right state of mind and that they had not known what they where doing. It could also be argued that since both parties where completely wasted that both where at fault. This could lead to a light punishment or in worse case no punishment at all.
But rape is rape no matter what others say. It should definitely be reported and dealt with in to correct way, let the professionals do their jobs catch the bastards. The world needs to know that rape is not okay no matter what the rapers excuses are!!
I would also like to point out that my knowledge of this is not exact and should by no means be taken as the be-all and end-all of knowledge, it is mostely learnt from watching too many crime shows
If you run over a person while driving drunk you will go to jail or at least pay a fine, you can't argue that you weren't at the right state of mind. Just giving an example that you can really say that you couldn't control yourself. It's rape. In any country with normal laws, that is.
It depends in where you live. Some countries are very aggressive in punishing these crimes, some are not. In some countries for a woman to prove she was raped she needs atleast five male witnesses on her side to convict the rapist. So the probability of the rapist to go to jail is very low. Awoman's word is also not something considered important in court so it's very hard to get justice.
(づ￣ ³￣)づ
Imagine this scenario:
Two people are very drunk, they have sex but one of them doesn't want it and keeps telling the other to stop. Since they are both wasted can any of them be held accountable?
And generally; if someone rapes while they're drunk, they'll still be charged right?