I feel like we need some kind of gradient between "rape" and what you're describing. Some kind of protection in place for inebriated people who later, sober, regret the decision, but doesn't immediately result in such a heavy charge.

The truth is that both sides happen. Drunk people sometimes can consent, drunkenness is a broad spectrum. And drunk people also sometimes cannot consent. Right now the more morally correct stance, in my opinion, is to go full tilt into the "drunk people can't consent" camp and charge both parties, but there almost has to be an intermediate we could apply, no?

To be clear, I'm not a lawyer. I don't exactly know how these cases tend to be tried. I'm basing that on a bit of a layman's understanding.