David el Gnomo - [["I would like to hear views on the following scenario. Young couple meet in the disco. They are attracted. Both have too much to drink and end up having sexual intercourse. Neither can remember much about it and neither knows with any certaintly if either of them said yes. OK - I know it is a real corner case and may or may not ever happen. But in that case did a rape occur and if so, who raped who? "]]

I can't see anyone being convicted of rape in this scenario.
However, if I get drunk and go home with a guy and maybe we even have sex eagerly and repeatedly (not rape) but next morning I don't want to have sex with him anymore (because I remember I'm not on the pill, because we're out of condoms, because I'm sore, or just because I no longer have my beer goggles on), my "consent" is not "implied" because of what happened the night before.
If I've been going with a guy for years, even living with him, and I decide I want to break up with him, my consent to continuing sex with him is not implied after I tell him that.