Wait what, who who said that? That's not a conclusion based on your premise. All we said is that intoxicated people can't consent.

The poster did. If your actions as a prosecutor are to punish one party who is at the same level of drunkenness as the other, who you're letting go, for the same actions (sex with a drunk person), then yeah, you're saying at least sometimes, you're not responsible for your actions while drunk.

Being drunk leads to poor reasoning and poor decision making whether you're male or female. Either apply the same standard or don't. If she wants to pursue action against him, or the state does, then they both face the same penalty, considering the same crime.

You also seem to default to making judgements about what another person's theoretical state of mind would be if they weren't drunk in this situation. That might work for prosecution, but it's a shit heuristic for actually preventing anything. I don't know most people's states of mind when we're both sober, and now you're expecting a drunk person to figure out another drunk person's sober mindset?