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

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If she legally couldn't consent

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That’s the million dollar question that will have to be decided by the jury, but that doesn’t turn solely on a BAC. There is no BAC level where someone magically crosses into the “can’t consent” arena.

BAC can be helpful circumstantial evidence, but expect the defense to have an expert forensic toxicologist who will testify to the medical fact that alcohol affects people differently, and while person X would be impaired beyond reason with a certain BAC, person Y might not have the same issues. Alcohol also affects the same person differently depending on the specific situation.

So you have a battle of the experts, but both will have to agree that, medically speaking, she still could have acted in a way that reasonably led the men to believe she was consenting.

The worst part is she is not here to give testimony to refute this.