Hypothetically let's say that two individuals are heavily drunk, to the point that their ability to give consent is questionable. They have sex, both of them either don't remember the details of the night (black out) or both remember the situation as the other initiating the sexual encounter; in either case there is no clear way of determining who initiated the encounter.
If both were to make claims of rape could they both potentially be arrested for the act?
If one were to make a claim of rape could the other counter-sue for rape, that is to say if one doesn't claim rape until after the other makes an allegation how much of an affect would the delay in the claim make in the odds of either one being found guilty?
For this question lets assume a state with a 'proactive' legislation which does not define rape entirely as penetration, ie one where it is possible for a women to be found guilty of raping a man.