And I should qualify that with "this is MY answer" - maybe not "THE answer":

I see this as 2 vessels of similar size where one is clearly under sail, and one is under motorized power. If both vessels are under motorized power, i.e. the sailboat is underway with sail AND motor, then the sailboat is at fault because it is the give way vessel.
However, I find it unlikely that the sailboat is using any motor with full sheets to the wind. Moreover, the powerboat should have at least determined that was likely the case, avoided the sailboat (which would have stand on status as a non motorized sailboat), and avoided the collision.

My suspicion is that the power boat was being operated by the stern helm in the pic, without a lookout (further illegality) and pretty much plowed the sailboat before they knew what was happening.

So...I rule in favor of the sailboat....or not. Just not enough evidence to make a determination.