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

P R OSECUTING A LCOHOL-FACILITATED S EXUAL A SSAULT
Jellinek’s initial characterization of blackouts was based on data collected
from a survey of Alcoholics Anonymous members. Noting
that recovering alcoholics frequently reported having experienced
alcohol-induced amnesia while they were drinking, Jellinek concluded
that the occurrence of blackouts is a powerful indicator of
alcoholism. 112
● This research was never intended to analyze the nature of blackouts
on the brain; rather, it was intended to determine whether blackouts
could serve as a predictor of alcoholism.“For a long time, alcoholinduced
blackouts were merely studied as predictors of future alcoholism.”
113 Moreover, some studies were done on people who were
defendants in the criminal justice system who had raised the issue of
having an alcoholic blackout as a defense. Naturally, the subjects in
these studies would have a motive to answer questions in a certain
way. In these surveys,“strategic goals may motivate blackout
claims.” 114
● How was the study done? “Most of the research conducted on
blackouts during the past fifty years has involved surveys, interviews,
and direct observation of middle-aged, primarily male alcoholics,
many of whom were hospitalized.” 115
● Blackouts only affect memory of events that occurred during the
intoxicated state.“Although alcohol impairs short-term memory,
which may interfere with storing information about ongoing behavior,
remote memory remains intact.” 116 “Thus, even during a blackout,
a person should be aware that what he is about to do is wrong.” 117
■ Intoxication issues
● If a person drank only beer, it is unlikely that she experienced a
blackout, correct?
● In a study conducted by White et al., only one subject indicated
(s)he drank beer alone before experiencing a blackout. Most subjects
(forty percent) drank either liquor alone or a combination of beer
and liquor (forty-two percent). 118
● When a person is drunk enough to black out, she is extremely intoxicated,
correct? What other signs of intoxication would she show?
(The prosecutor can then argue that the offender should have known
38 N ATIONAL D ISTRICT ATTORNEYS A SSOCIATION