What is the test for determining whether a sexual assault victim has lost her legal capacity?

Giardino went on to note, "In deciding whether the level of the victim's intoxication deprived the victim of legal capacity, the jury shall consider all of the circumstances, including the victim's age and maturity. [Citation.] It is not enough that the victim was intoxicated to some degree, or that the intoxication reduced the victim's sexual inhibitions. 'Impaired mentality may exist and yet the individual may be able to exercise reasonable judgment with respect to the particular matter presented to his or her mind.' [Citations.] Instead, the level of intoxication and the resulting mental impairment must have been so great that the victim could no longer exercise reasonable judgment concerning that issue." ( People v. Giardino, supra, 82 Cal.App.4th at pp. 466-467, 98 Cal.Rptr.2d 315.)