We consider two body relaxation in a spherical system with a loss cone .
Considering two-dimensional angular momentum space , we focus on `` empty loss cone '' systems , where the typical scattering during a dynamical time j _ { d } is smaller than the size of the loss cone j _ { \text { lc } } .
As a result , the occupation number within the loss cone is significantly smaller than outside .
Classical diffusive treatment of this regime predict exponentially small occupation number deep in the loss cone .

We revisit this classical derivation of occupancy distribution of objects in the empty loss cone regime .
We emphasize the role of the rare large scatterings and show that the occupancy does not decay exponentially within the loss cone , but it is rather flat , with a typical value \sim [ ( j _ { d } / j _ { \text { lc } } ) ] ^ { 2 } \ln ^ { -2 } ( j _ { \text { lc } } / j _ { \min } ) compared to the occupation in circular angular momentum ( where j _ { \min } is the smallest possible scattering ) .

Implication are that although the loss cone for tidal break of Giants or binaries is typically empty , tidal events which occurs significantly inside the loss cone ( \beta \gtrsim 2 ) , are almost as common as those with \beta \cong 1 where \beta is the ratio between the tidal radius and the periastron .
The probability for event with penetration factor > \beta decreases only as \beta ^ { -1 } rather than exponentially .
This effect has no influence on events characterized by full loss cone , such as tidal disruption event of \sim 1 m _ { \odot } main sequence star .