Well, there's no doubt that this is a very difficult issue. We are not talking about incapacity being something that touches unconsciousness. Incapacity actually can be a state that's removed from unconsciousness.
What we suggest is that—we haven't suggested legal or proposed language here—this amendment remove the unconsciousness provision and instead define incapacity in the following way. Incapacity means that someone is incapable of understanding the sexual nature of the act and the risks associated with the act, incapable of realizing that he or she may choose to decline participation, and incapable of communicating their voluntary consent. There are those three elements.
This is a very large problem. We are submitting our detailed written brief, but estimates are in the range of 50,000 sexual assaults happening each year in circumstances where complainants are intoxicated. This is a very significant problem.