Lizbud,
Thanks for the clarification. I didn't follow the story at all, I don't read/watch much news these days.

From the defense perspective, I can see how pointing out she was enjoying it, participating in it, etc., would weaken the prosecution's case. If she was comatose, she was comatose. If she was a willing participant, she was a willing participant.

Like someone else said, it certainly pinpoints the dangers of binge drinking. It totally clouds your judgment.

In any event, lest someone jump to some conclusion about me- I am in total support of victim's rights, and do think people should be punished for their crimes. I just wanted to highlight WHY the Judge might have ruled how he did, not just have some knee jerk reaction to his order.