Rape can be classified into two categories (perhaps more but for our purposes 2).
The completely blameless rape where a woman minding her own business is attacked and held at knife-point or beaten until she submits to sex.
Then there is date rape.
Imagine that I break into the zoo at night and dangle raw meat above the tiger cage. I am not only breaking the rules but I am engaging in very risky behavior. Most of the tigers will mill about happy to wait for food to drop. They won't do anything to harm me. But if one of them jumps up and rips my fucking arm off then people will rightly say that I had it coming.
Date rape is like the above situation only women have lobbied for laws that absolve her of responsibility and remove pesky rules like, "You shouldn't break into zoos late at night and dangle steaks above the tiger cage."
To complicate issues further: if we look at the details of many date rape claims we find that almost always no violence was use. It is also extremely rare that date rape drugs were used. This is actually so rare that it's considered an Urban Legend.
Occasionally a woman is unconscious and the man had sex with her. This was wrong of him, but to claim that it rises to the level of a man breaking into a home and raping a woman at knife-point is ridiculous.
Often the woman has no memory of the event and suffered no physical harm. Yet, as a society we think that's a justification to send the man to prison for years?
What's more is that often she may have been conscious but too drunk to remember. Sex may have been her idea and their intent all night long. But because she was so drunk she can't remember the sex or blacked out during it then that constituted rape. Meanwhile, these rules don't apply to men in reverse. If he's too drunk or blacks out she can do whatever she wants and get away with it. Just try to go to the police and tell them your girl fucked you while you were asleep. It just won't work.
For those women who are riding the cock carousel, who go out and dance naked on tables, flash their tits at guys, get hammered drunk and then agree to sex only to later claim they didn't or to change their mind in the process after things got going I really don't have any sympathy for them.
Women who engage in behavior which was designed to provoke a male sexual response have no right to bitch when they succeed.
If a woman walks away from a "rape" where no weapon was used, no threats, no violence, and there's not a mark on her and her clothes aren't damaged then I have a real problem with considering what happened to her a crime and certainly not a crime that should be punished with decades in prison and a lifetime on a sexual predators list.
Now as for false accusations. I think that nearly everything that comes out of feminists mouths about rape is a false accusation.
The 1 in 5 women in college will be raped is a false accusation. It is preposterous.
The 1 in 4 women will be raped during their life is a lie.
The 80% of rapes aren't reported is ridiculous and reckless conjecture which relies on faulty data and unreliable surveys that redefine rape in order to extrapolate a shocking percentage.
The fact that the media, thousands of college professors and politicians allow these clearly false statistics to go unchallenged tells me that only the most cut and dry rape accusation should be accepted and prosecuted.
We simply can't trust women to tell the truth and we can't trust the government to enforce the law fairly.
All that said, it's up to each of us to protect ourselves from false rape accusations. As leaders of the relationship we need to exercise control of the activities so that we aren't engaging in actions that can be used against us later on.
However, if BD/SM or other kinds of kink are mutually agreed upon then you should sit down with your partner and outline ON PAPER what you both agree to. Get her to sign it and put it away some place safe. That way if she says on paper that it's cool if you fuck her while she's drunk and that she won't hold you liable if she can't remember or she passes out then you have that to take to court.