If this law were consistent, if both have been drinking then neither party can be held responsible or both, but not just one.

Back in my single, drinking days I definitely had sex with women after I was drinking and in the morning I wish I hadn't. There is a term for this, and it is gender neutral.

https://www.urbandictionary.com/define.php?term=coyote%20morning

But was I raped? I'd never claim that. Sure, part of that claim is male ego, but it is also agency. I could have not drank. Or not gone home with her. Or a hundred other micro-decisions to not wake up the next morning regretting having had sex.

I think your drunk driving analogy is VERY fitting. Again agency is the key word here.