Incapacitated I agree with. I doubt this woman was incapacitated in that matter because others were around. I would hate to be wrong and those others allowed an incapacitated woman to be abused.
If she initiated, I don’t think she could legally claim incapacitation. I think the point of incapacitation is that you can’t do anything. I’m also very skeptical that a camera crew sat around filming a man screwing an unconscious woman. My WAG is that they had normal drunk sex, some producer overreacted and then both parties began to question whether they’d been victimized. The money involved probably also shaped their view.
I’m not saying it’s not, but this sounds like what happened on the previous edition of the Bachelor. They may have just been replaying that clip to show who she was. I don’t even watch the show but I remember her being reality show famous for taking her top off and talking about her “platinum vagine.”
Naaahhh… it won’t cost them any cash they haven’t already laid out. I’m sure they have insurance against such legal melees. However, once they need to actually cash in on that insurance they might have a lot of trouble finding a policy for the next show… at least for a premium that costs less than the entire franchise is worth (mild exaggeration, but still… it would probably be too steep to continue the show).