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Alcohol Intoxication

A 33 year old Chinese bar hostess (45kg, slim built), drank heavily from about 7pm on eve of public holiday. Began to feel sick, and drowsy at about 10pm. Vomited after last drink at about 11pm.

 

Some well meaning friends brought her to hotel room where she passed out.

 

At about 1am, the accused found her unconscious and took advantage of her.


She roused at about 1pm next day. Was able to collect her thoughts, inferred what had happened, called friends, and reported to police at about 4pm when blood sample for alcohol was obtained. Sample was 0.4mg/mL.

Problem

 

The accused claimed she was conscious and consented to have sex with him.

 

What was her blood alcohol concentration likely to be when the accused took advantage of her?

Would she have been likely to be able to provide consent at that time?

For a graphic correlating BAC with cognitive degradation. 

For a solution based on a zero order toxicokinetic model.

 

To try a graphical method based on a mixed first to zero order model 

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