It is if you guessed wrong. The short answer is, don't have sex with somebody unless you're absolutely sure they would want to sober. At the end of the day you're responsible for your own judgement and if you guess wrong, it doesn't matter that you intended for there to be consent, you're still responsible.
I mean, many cases where girls straight up lied and ruined a man's entire life, got them sent to prison, and only YEARS later they admitted to their lies, so really as far as the law is concerned they just want a quick trial (because asking them to do their fucking job is a lot apparently)
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.
There definitely is, it's called not being a shitty person. If the lady you're with is clearly hammered, or you know they've had more than their normal amount, you don't try anything. Anyone with a speck of decency or morality will know the difference.