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"It raises the issue of, where is the line and at what point do producers have to step in and not let the story unfold, even if it might make for great TV," says Los Angeles-based employment litigator Lisa Von Eschen.

It's a virtual certainty that the contracts signed by contestants indemnify the show and its staff from legal liability and require that any disputes be resolved in confidential arbitration.

In a statement, Olympios said she doesn't remember what happened, but sources insist the fan favorite appears to be "lucid" in the footage from that day, and neither party thought anything questionable had happened between them until they were later filled in by producers and castmembers. "Anyone can unwittingly commit sexual assault if there isn't informed and proper consent," says criminal defense lawyer Priya Sopori.

Here, because both parties had consumed alcohol, there is a chance that was too intoxicated to realize the other couldn't consent.

Confirmed details are scarce amid conflicting accounts, but according to multiple reports attributed to sources close to the situation, the pair began kissing and then moved to the pool, where the intimacy escalated but did not include sex.

The following day, a producer on the show lodged an internal complaint that sparked an immediate investigation by Warners.

It's unclear whether either of them will return to set — and that will likely hinge on whether either is still considering a lawsuit."It sounds drastic, but serious thought should be given to restrict the availability and consumption of alcohol by the contestants." In a guest column for alum Evan Bass says the contracts make clear that each contestants' alcohol consumption is his or her own responsibility but adds, "Alcohol is treated with the respect it deserves, and sometimes contestants are asked to stop." One option attorneys recommend, which based on Bass’ statements could merely be a strengthening of the current protocol, is to essentially train the crew to recognize the same signs of excessive intoxication that bartenders look for."The show’s producers will want to make certain to step in if activities cross the line from attention-grabbing television to conduct that places the participants in danger and/or violates civil or criminal statutes," says Von Eschen."Going through the motions does not equal consent." Unlike the scenarios that lawyers routinely investigate, this case involves people who are filmed 24/7.Warners says it won't release the tape out of respect for the privacy of those involved.

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