From a legal perspective, these answers are going to depends on the laws of a given place.
But in general, per most laws:
1) Probably not, and/or if it is, it'd be difficult to figure who rapes or assaulted who. Rape isn't something that can be mutual, there needs to be a victim and there needs to be a perpetrator. So, if both people are drunk -- and at a similar level, and with neither intentionally intoxicating the other to facilitate assault -- and both people engage in sex, it's pretty much either no one was assaulted or either person could have been.
2) If someone is so intoxicated they have blackouts -- which would be why someone would wake up and have no memory of the night before -- then we can be sure they were unable to give consent the night before.
-------------------- Heather Corinna, Executive Director & Founder, Scarleteen About Me • Get our book! Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. - Margaret Mead Posts: 68255 | From: An island near Seattle | Registered: May 2000
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