Prosecuting Alcohol-Facilitated Sexual Assault - National District ...

T HREE-STEP P R OCESS
Prosecutors are often left with the victim’s word, which means that a
jury must find the victim credible before they will convict the defendant.
Jurors may be reluctant to convict on the victim’s word alone because
they believe they need evidence to corroborate the victim’s testimony
regarding the actual moment the rape occurred.This belief is so strong
that a number of states have jury instructions advising jurors that the victim’s
word need not be corroborated. 46 However, a prosecutor should not
be discouraged when presented with a case where the primary evidence
is the victim’s testimony. Although a prosecutor may be unable to present
physical or other evidence to corroborate the victim’s testimony about
the moment of the rape, the prosecutor can give context to the victim’s
version of events, thereby allowing the jury to evaluate her credibility.
The victim’s credibility can be broken down into five components: (1) actual
credibility; (2) the victim’s ability to perceive at the time of the incident;
(3) the victim’s ability to remember what happened; (4) the existence of
corroborative evidence; and (5) the victim’s likeability.The first four factors
are valid charging considerations; the fifth is not. However, victim likeability
must be understood and recognized by law enforcement and prosecutors if
they are to obtain a conviction; therefore it is discussed herein.
Actual Credibility
The first factor is actual credibility. A victim who was voluntarily intoxicated
at the time of a rape may feel shame or self-blame for allowing
herself to be placed in a risky situation. Consequently, she may be reluctant
to reveal embarrassing details. As a result, she may appear to have
something to hide. She may also become hostile and defensive in order
to protect herself. Furthermore, a victim may withhold information she
views as insignificant without realizing that it is critical to be truthful
about every minor detail, regardless of how insignificant it may seem to
her. In a case where the victim deliberately withholds information, lies
about small details, or is inadvertently inaccurate, jurors will likely be
reluctant to convict the defendant because they will be worried that a
victim who lies about small details may be inclined to lie about the rape
itself, especially when the law requires the jury to believe the prosecution’s
case beyond a reasonable doubt.
NDAA
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