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

P R OSECUTING A LCOHOL-FACILITATED S EXUAL A SSAULT
inconsistencies or partial revelations, and address them with the victim
and other witnesses prior to trial. Prepare the victim to answer the
defense’s inevitable questions about the inconsistencies.When the jurors
understand that the inconsistencies were not deliberate lies on the part of
the victim, they will be more likely to find her credible.
The prosecutor must personalize the victim.The jury must understand
who she is in order to understand her choices and behavior.Therefore,
the prosecutor must introduce the victim to the jury with sufficient
foundation questions.
Finally, the prosecutor must show the jury why the victim’s intoxication
should not prevent them from finding her credible.The prosecutor must
show the jury that the victim was able to perceive at the time of the incident
and is able to remember now. Show as many minor details as possible.
What were the victim’s motor skills like? What tasks was she able to perform?
What else does she remember? The prosecutor should give the jury
sufficient details to analyze the victim’s ability to perceive and remember to
enable the jury to engage in the process the prosecutor engaged in prior to
trial when analyzing the victim’s ability to perceive and remember.
Medical Evidence
Many jurors believe that all women who are raped sustain serious physical
injuries.They do not understand how a rape can occur without injury.
The reality is that very few rape victims sustain any physical injuries other
than the rape itself. 85 When a medical examination is done, it is important
to present thorough testimony about the examination, even if it shows
that no injury occurred. If a sexual assault forensic examination was done,
do not stipulate to testimony about the exam. Have the nurse or doctor
who performed it explain it in as much detail as possible.The procedure is
long and very invasive. Jurors who understand what the victim had to
endure in order to prosecute the case will be more likely to find her credible.
If the jurisdiction allows, corroborate the victim’s statement about her
reaction to the rape by having the nurse or doctor testify to the victim’s
demeanor throughout the exam. In many jurisdictions, the nurse or doctor
spends hours with the patient, due to the length of the exam.
In addition to explaining the details of the examination, it is important to
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