only was aware that she had taken to drinks. The courts should rule that the jury apply the law which is stated by the state of South Carolina set forth that a rape has been committed when a sexual act of penetration has been committed when a victim has not given consent or is too intoxicated to give consent. The court is used to apply the laws given and issue instructions on how to apply the law to the facts of the case not to consider the statements of awareness of the defendant. Facts:Inga went out to celebrate her friends Abby’s birthday at a bar on Hilton Head Island at 9:00 p.m.From her arrival time at 9:00 p.m. until midnight, Inga had consumed around four beers and several shots of hard liquor. After some more time had passed, Abby’s boyfriend Al arrived at thebar, accompanied by his friend Derk, whom Inga did not know. The four agreed to go to Al’s house, where Inga consumed two more beers. Abby and Al noticed that Inga seemed incoherent when she lay down on the living room couch around 1:00 a.m., which is when Abby and Al retired for the night. At the time, Derk was lying down on the floor. Inga testified that she does not remember what happened from the time that she arrived at Al’s house until the time when shenoticed that she was lying on the floor with Derk on top of her, engaging in sexual intercourse. Inga pushed Derk off and screamed for Abby and Al, who took Inga to the hospital.