He may have done it, she may have said no and resisted the entire time but she doesn't know, only he does there isn't the slightest shred of evidence she was raped.
She can say yes, but it doesn't count because she's drunk. But the guy, also drunk has the responsibility to know how drunk she is. The original decision was based on personal morality and placating feminists, nothing else, absolutely not law and certainly not close to without a doubt.
The first rule was an abomination of a decision regardless of if he did rape her or not. We aren't supposed to send people to jail or find them guilty with no freaking evidence, just because we personally morally disagree with how he acted.