I dont think that even matters though right?
Depends on the state, in NE either party being drunk means that there can't be consent.
Not to be all nit picky here, but I assume you mean New England as opposed to Nebraska, right?
I'm assuming that he means Nebraska, since Faf is one of our Huskers fans.
I think that's generally the rule in most states, though. Being intoxicated means that you're legally incapable of giving consent. The issue, though, is that juries are *very* reluctant to convict people for having intercourse that seems consensual, even if one or both parties are drunk.
In this case, of course, the woman says that there was no consent, which distinguishes it from the above scenario. However, apparently there was a lack of physical evidence, and the woman's statements weren't deemed reliable (due to her being too intoxicated). In that situation, the prosecution's hands are basically tied, unfortunately.