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Originally Posted by PlzBeALevel
I think the main ways in which this comes into court use is where the defendant has to argue that due to the intoxication she was somehow incapable of denying consent.
Right, but I don't think that would generally be a difficult showing for the defendant to make. She just says: I drank a lot and didn't really know what was going on. A lot could mean 2 or 8 drinks. It's not like she needs to produce a BAC calc or something. And I would think that most defense attorneys wouldn't choose to attack a rape victim's testimony as to her mental state too heavily on cross. In general, her credibility will be given due deference. And I think with good reason, as false rape accusations are vanishingly small.
Just pointing out that the statute paints with too broad a brush.