Why? The jury is there to determine (a) whether they had sex and (b) whether is was consensual. They are not there to listen to anyone reach those conclusions for them. The terms 'rape' and 'rapist' should not be used to refer to a defendant or alleged acts until after he is convicted.
I haven't heard she was unconcious. They were drinking and she regrets what she did while drunk. That's no defense for drunk drivers. And hey - if he was drunk also then who raped whom?
That is utterly insane. You can't use the word 'rape' in a trial to determine if someone is guilty of 'rape'?
I believe if you are intoxicated you legally cannot give consent.