criminal defense attorney heather hanson and attorney joanna. the conduct is reprehensible bus it a crime? >> the defense has along road to hoe but there are defenses here. the prosecution has to prove they knew or should have not she was stangs shatly impaired. >> she can't remember anything so she can't say one way or another. >> she can't say one we oar the other. >> so the defendants can say, she con sented. >> they're going to say she contented. they're also going to say she was not too drunk to consent. over the course of the night, as she drunk more and more, there's a question of at what point what she too drunk. >> the problem, everybodying drunk, the also victim cannot. anything and there's no physical evidence here. >> in this case, i think a picture is worth a thousand words. she is not posing for the camera when she is -- she looks