In this particular case, the trial judge was given evidence of two points in time. At one point, the woman is, while obviously drunk, coherent enough to argue with her friends and call a cab; at that point, it appears that she was able to consent to sex. Eleven minutes later she is unconscious and unable to consent to anything. Obviously, she reached the point of incapacity at some time during those eleven minutes, but there is no evidence as to when.