I believe, within the confines of the 'consent' debate, my reasoning is perfectly sound. Clearly, her intoxication has hurt a number of people: herself (loss of memory as to what happened and possibly some mental anguish that will likely plague her for life); the cab driver who has been pulled before the courts and his name now soiled; the judge, now being subjected to public scrutiny for his applied interpretation of the law, and more specifically his interpretation of the word 'incapacitated'; two families on either side of this debate; and taxpayers for having to incur the costs of prosecution. Our actions have consequences that often go beyond what is printed in an article.  Besides, your last sentence says it all, 'appears' , but not proven. Laws are put in place to protect both sides and if I make a complaint then the onus is on me to prove the complaint. I feel bad for this woman but I take away a lesson here: drink responsibility and travel with friends.