If a woman claims a man raped her while she was drunk and then he counters that she had sex with him while he was drunk, both people can be charged with rape. See how that works? The law doesn't make as many distinctions as you seem to think it does, because laws don't cover every single possible situation. That is what prosecuters, lawyers, judges, and jurries are for.
I think you are the one who is mistaken. Got to any university campus where they are teaching students about what rape actually is and you will find that if a person cannot consent, then it is rape. If a person is under the influence of a substance which removes their ability to consent... then it is rape.
Is every single person charged just because they had sex while drunk? No. Again, the law doesn't work that way.
It's only rape if there's no verbal consent...
Your understanding of the law is outdated.