Case:

Witness:
Incapacitation:​ A state where a person cannot make a rational, coherent decision because they lack the ability to understand the
nature of the act (e.g. understand the: who, what, when, where, why, or how of the sexual interaction).

ELEMENTS INTERVIEW QUESTIONS NOTES

An individual can be incapacitated by

drugs, alcohol, illness, or mental
impairment/disability.

People who are asleep or unconscious are

always incapacitated.

The impact of drug and alcohol use varies

from person to person. Whether an
individual was incapacitated by substance
use will be assessed by the totality of the
evidence. Relevant factors include but are
not limited to:

• Stumbling or otherwise exhibited loss of

equilibrium;
 Case:
Witness:

• Slurred speech or word confusion;

• Bloodshot, glassy, or unfocused eyes;

• Vomiting;

• Being disoriented, or confused as to time,

place, etc.; and/or

• Loss of consciousness.