If he was also drunk, could we equally charge her with rape (or sexual assault) if we have physical evidence that a) sex occurred and b) both were legally intoxicated?

Most incidents of first time sex -- ie the first sexual encounter for this specific couple -- involve alcohol.* Are we going to start willy nilly charging both parties with rape for all such incidents?

* at least in the US they seem to.

Yes, but social pressures make it hard for a man to make that accusation. Comments like the one you made, for instance.

What did I say that you feel constitutes social pressure that makes it hard for a man to accuse a woman of rape? Because I am quite confused by your comment.

Your question, as posed, presumed the answer would be different for men than for women. Why else pose it?

No, my question, as posed, presumes that the person I am addressing has not thought this through and they are assuming that only women can be raped. They are ready to hang a man high for having sex with an intoxicated woman with no additional evidence beyond "Sex happened and she was intoxicated."

I asked it to rebut their unstated but obvious (and erroneous) assumption that only men are rapists and only women are victims of sexual assault.

> she didn't have the capacity for consent.

That standard may vary from state to state (but shouldn't.)

http://www.fremstadlaw.com/drunken-sex-rape/

I don't know what the relevant law is in WA.