If she was so incapacitated how does she know she didn’t say yes and just does not recall the next morning. Also, what’s to keep this guy from claiming that she did consent.
You know we used to call a bottle of wine used in the performance of sex, seduction. Women used to be smart enough to see it coming and quit drinking and go home. I’m sorry, but if this guy got this girl drunk so she would have sex with him she bears the responsibility, unless of course he forced her to drink.
Thats what the trial is for. Presumably there is other evidence, witnesses, or circumstances that would prove she was raped. I doubt a prosecutor would take a case where the only evidence was the word of a woman who was admittedly so drunk as to be incapacitated. She would have no memory of the crime, if indeed, there was one. She could have imagined the whole thing.