Well, reportedly they had ordered room service after getting back to the room after the day at Epcot, so she had presumably eaten. That, combined with sleeping (as "it" supposedly happened the next morning), means she was likely no longer intoxicated. Maybe hungover, but not still drunk. She was probably asleep, NOT unconscious. I imagine she woke up as soon as he started anything. In any case, it is "he said, she said." I just think she entirely set herself up for this, so I deem it 50/50 responsibility and think both are either naive or a bit crazy. But in a courtroom, sure, the man will get all the blame. No doubt . . . unless it turns out she has a history of incidents like this.