Mist, hypothetical here.
Male is sober, female is moderately intoxicated. Sex occurs, whether consensual or not, but the female doesn't physically resist so there are no signs of assault other than being able to confirm sex did occur. Afterwards, the female reports a rape, examination is conducted and they are able to confirm sex occurred, perhaps it was rough sex but other than the sex, the female was not harmed. Male claims it was consensual. How do you "prove" the rape? And in a preponderance of the evidence hearing, whats going to happen when it is he-said she-said? She can make out a prima facie case with her testimony, but the counter-evidence would be equal since it's all just direct testimony no exhibits or circumstantial evidence.
Whats the outcome here?