consent due to intoxication by
alcohol. She testified about the numerous alcoholic beverages she drank that night at the
bar, that she only had intermittent recall of events, and that one of her last memories of
the evening was walking up the stairs before waking up on the couch the next morning.
While most witnesses described her as sleeping, one described her as completely passed
out. Regardless of the characterization, the testimony is clear that her faculties were so
impaired that even after other party-goers threw “a lot” of ping pong balls at her “a
multiple number of times,” hitting her in the face and body, she only briefly became

                                           10                                   ACM 38612
responsive. She had no recollection of falling asleep on the couch, of Appellant taking
her to his bedroom, or of the sexual act.

        Because Appellant was not at the bar with A1C AL and their group of friends, it
would not be reasonable to infer that Appellant knew of the total number of drinks she
consumed or knew of her intoxicated condition prior to her arrival at his house.
However, the