re: Madison Brooks case cell phone data now in defense’s hands

quote:

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Serious question, how are dudes supposed to know if a chick is legally past whatever limit there is for consent. I mean there are the obvious signs like can't walk straight or put a sentence together but I'd think a good lawyer could argue that those are pretty subjective standards that the average citizen isn't trained to quantify.

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There's no hard and fast BAC limit at which you lose the capacity to consent (and in any case, it would be pretty uncommon to even have that information - remember that we only have this victim's BAC information because she was struck by a car and killed shortly after the encounter, a very unlikely set of events). I was more commenting on how the initial reports put her at near alcohol poisoning levels and assuming that sufficient signs of intoxication would manifest to make it clear that she couldn't consent.

Obviously the individual circumstances are going to vary and there's almost always some room to argue whether someone was "too drunk to consent" because the evidence will all be competing witnesses' accounts of what happened. The practical advice would be that if you're ever in doubt you should just find another opportunity to get laid