Do you think this is right or wrong

So I was watching the new law and order and this guy and girl were drinking both got really drunk and all they both remember was making out and then waking up next morning nude next to each other. The man ends up going to jail for rape but he doesn’t remember having sex with her. Was it right for him to go to jail if he couldn’t remember having sex? Are they both at fault or is the guy only at fault? What do you guys think?

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