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

C ONCLUSION
Following the three-step process discussed herein can help prosecutors
overcome the challenges associated with AFSA cases. First, prosecutors
must make the correct charging decision, beginning with the assumption
that the victim’s version of events is correct. Prosecutors should also look
for factors that distinguish the present rape case from merely an encounter
involving drunken sex. Next, prosecutors should analyze the victim’s credibility
and any corroborating evidence. Finally, prosecutors must try the
case in a way that supports and protects the victim and focuses the jury’s
attention on the defendant’s behavior, thereby enabling prosecutors to
overcome common defenses.
NDAA
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