E.M. ‘exaggerated’ her level of drunkenness, judge finds
Although intoxication doesn’t equal unreliability, it is a factor to be taken into account, Carroccia says.
The justice says “E.M. went to great lengths” to point out that she was “really drunk” for most of the night, pointed to some of the videos from Jack’s bar in London as proof.
“She exaggerated her level of intoxication,” Carroccia says, and E.M. gave “inconsistent evidence” about how much she drank and how much alcohol gets her drunk.
E.M. was never shown stumbling or trouble walking, and having trouble walking in high heels, Carroccia says. She does not appear drunk in the consent videos, the judge adds.
As an example, Carroccia points to E.M.’s testimony about being really drunk at Jack’s bar and leaning on the bar to steady herself. But during that time, she is also seen noticing that the bartender short-changed her when she paid for a drink, and was able to point that out. That’s not consistent with someone who is so drunk that they can’t stand up, Carroccia says.