One of the more pernicious ideas of modern times is that all rape is rape, that all and any sex (although rape is more properly thought of as a crime of violence, of power over someone, but that\’s another matter) against the will of a woman is the same and must be treated and punished equally. Finally, even The Guardian is getting the point that this isn\’t actually the way to deal with it:
A more fruitful approach might be a two-tier offence, with the highest penalties reserved for "aggravated" rapes, allowing juries to convict in more typical cases without fearing that this would lead to the maximum life term.
Currently, when tried, the possible sentence for a drunken misunderstanding over consent is the same as that for a violent stranger rape. No wonder juries are hesitant to convict. A gradation of offences will do much to remedy at least that part of the problem.
That is, an acknowledgement that not all rapes are equal.