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

P R OSECUTING A LCOHOL-FACILITATED S EXUAL A SSAULT
cross-examination and during the trial itself. It might also be helpful to
have someone other than the prosecutor conduct a mock cross-examination
of the victim. 80
In addition, when prepping the victim for trial, the prosecution team
should reinforce that the victim is not responsible for the rape.The
defendant, not the victim, is responsible for his behavior, and thus, the
rape. Although the victim is not responsible for the rape, it is crucial to
be honest about all details of the case, especially drug and alcohol use.
When preparing the victim for cross-examination, discuss questions the
defense attorney is likely to ask. Explain that the defense is likely to portray
her as a promiscuous party girl. If there is any memory loss, they will
be certain to focus on the fact that there are things she does not remember.They
might ask questions like,“You consented to drink, and you
consented to drug use, didn’t you?” Let the victim know that it is appropriate
to respond truthfully that she might have consented to other
things, but she did not consent to intercourse. If there is a delay in
reporting, the defense will inquire about it. If there were potential consequences
for the victim that were not enforced, such as being kicked out
of college for drinking or drug use, these will certainly be raised at trial.
Voir Dire
Although voir dire can be used to educate a jury panel, it is unlikely that
prosecutors will be able to change long-standing prejudices of jurors who
are inclined to believe rape stereotypes and myths. Prosecutors will generally
be more successful by eliminating jurors who hold such deep-rooted beliefs
that they cannot be fair. By asking questions in voir dire about jurors’ preconceived
opinions about women who, for example, consume alcohol in a
bar with a man, the prosecutor can try to keep people with such biases off
the jury. Prosecutors can also distinguish the current case and show the jury
that this particular case is not just drunken sex; rather, it is rape. For a complete
list of suggested voir dire questions, see Appendix A.
Witness Order
Witnesses do not necessarily need to be presented in chronological
order. If there is a witness who supports the victim’s testimony in a way
26 N ATIONAL D ISTRICT ATTORNEYS A SSOCIATION