My last posting for 2014, "Alcohol-Induced Blackouts" (December 29/14), described blackout as a total loss of memory as a result of rapid drinking of alcohol, basically, a "blankout". It may seem relatively harmless or just embarrassing, not to remember what happened at a party, but on occasions, blackouts can potentially result in serious legal consequences as show in this case report.

Case Report

A 27 year old woman (weighing 110 pounds), who rarely consumed alcohol, went drinking at a bar with her girlfriend. A man from an adjoining table joined them. A short time later she went to the restroom and returned to the table and finished her drink that she had left behind on the table. Soon afterwards she began to feel dizzy, confused and nauseated.

She awoke some nine hours later in her own bed, partially undressed with no memory of events after returning from the restroom. In addition, an expensive ring from her finger was missing. She notified the police.

The police investigated the occurrence as a possible drug-facilitated sexual assault and she was examined approximately 12 hours after her last drink at the bar. She showed no signs of recent injury or sexual intercourse. She had the smell of alcohol on her breath, showed gaze nystagmus and had a breath alcohol result of 0.120 g/100mL.

Using an average rate of elimination of alcohol (0.015 g/100mL/h) it can be estimated that her BAC at the time at the bar was approximately 0.300 g/100mL, which alone could cause all of her symptoms without a surreptitiously administered "date rape drug" and result in a blackout.

The police interviewed the woman's girlfriend who stated that the man had left the table shortly after the woman returned from the restroom and was not seen again. The friend stated that the woman had gotten progressively more and more intoxicated and drove her home. The woman vomited on a number of occasions and her friend partially undressed her and put her to bed.

The woman later found her expensive ring beside the toilet at home.

Thus a potential drug-facilitated sexual assault was in actual fact a routine case of memory loss or blackout. One study found that the higher the BAC, the more likely the woman of an alleged DFSA felt her drink had been spiked with a drug. This case report also shows the importance of not just relying on the evidence of the alcohol-intoxicated person alone.

Blackout or Pass Out?

Another problem with blackouts, is that from the evidence of the intoxicated person alone, it is difficult to determine whether the person experienced a blackout or memory loss and behaved relatively normally on the occasion, or whether the person passed out and was unable to respond or defend themself.

References

Wells, D., "Drug Administration and Sexual Assault: Sex in a Glass", Science and Justice, 41(3): 197-199, 2001





Wigmore on Alcohol

For more on alcoholic blackouts read "Wigmore on Alcohol; Courtroom Alcohol Toxicology for the Medicolegal Professional", Chapter 6.17, Sexual Assaults, Irwin Law, 559 pp, 2011 available at www.wigmoreonalcohol.com

YouTube Video

Cannabis is another problematic drug in sexual assaults which also affects memories, for more information about cannabis watch https://youtu.be/ZBLkW0lEvy8