Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that consent is ignored in the eyes of the law.
As far as I understand, rape has occurred when either one (or both parties?) did not consent to intercourse. So even if the person did provide verbal consent, but were not in a mental state for that to hold in the eyes of the law (i.e. intoxicated/under the influence of drugs), then consent has not been provided and therefore the intercourse can be regarded as rape (I assume only if they bring the charges to a court of law?).
If both parties are too drunk to consent, and then the female party then claims the incident was rape, then surely the male could do the same? Would each claim then be examined individually i.e. deciding separately whether each person was in fact consenting? If both parties are found to not have consented since they were both too intoxicated, what then?
I tried to research if there were any cases of men who brought a case against a woman for rape due to the man being too intoxicated to consent, but couldn't find anything. Are the laws inherently designed to only protect female parties? It seems odd that there wouldn't be a sizeable number of cases where a sober woman has coitus with an intoxicated man whom would not have consented whilst sober. Then assuming there is trauma behind such coitus for the instance when the female is the intoxicated party, surely then there would be distress caused when the intoxicated party is the male one.
To summarise, why are there very few if any cases of females being accused of raping a male as a result of consent being nullified due to intoxication; and does this reflect a gender-bias in these laws?
Note, I'm new here so if I've been unclear anywhere, please just comment and I'll attempt to clarify.