New Frontiers in Investigating and Prosecuting Sexual Assault by Intoxication – Part 1

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Price
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Duration
90 Minutes

Originally Aired
December 9, 2020

Wendy Patrick
Wendy Patrick, JD, PhD
Deputy District Attorney, San Diego District Attorney’s Office
Carlton Hershman
Carlton Hershman
Detective, San Diego Police Department (Ret.)

This webinar is the first in a 2-part series that addresses the issues that investigators, prosecutors, victim advocates, and medical personal often encounter in alcohol facilitated sexual assaults. Investigators and prosecutors face many hurdles, including the consent defense, perceptions about “he said/she said” cases, and victims suffering from memory loss, as well as challenges related to victim shame, embarrassment, and lack of trust in law enforcement.

This means that sexual assault by intoxication cases are some of the hardest and most difficult cases to investigate and prosecute. These challenges are not typically found in other types of crimes which adds to the complexity of the community response. In these cases, first responders, including health care professionals, are often challenged by a victim´s inability to describe the crime due to memory gaps, or other perception difficulties caused by intoxication. Together, these challenges can impact an investigation, and ultimately the opportunity to successfully prosecute a case.

Recognizing and understanding these challenges will help improve the criminal justice response while advocates and health care professions will be better able to support victims of these crimes.  However, understanding victims and how these crimes occur is only half the battle; getting a case into the courtroom is the other half. Many victims of alcohol-facilitated sexual assault delay reporting, often leaving investigators with the perception that they have little to no evidence. Yet another challenge is the misperception that false reporting is common, which has a significant impact on the investigation and prosecution of sexual assault. During this session, the presenters will share their 25+ years of experience, and lessons learned, to overcome many of these challenges.

Please note: This is the first in a 2-part series of detailed presentations on Investigating and Prosecuting Sexual Assault by Intoxication. If you want a more general overview, please register for the 90-minute session on this same topic.

New Frontiers in Investigating and Prosecuting Sexual Assault by Intoxication – Part 2

Investigating and Prosecuting Sexual Assault by Intoxication

Objectives

As a result of this webinar, participants will be better able to:

  • Evaluate and analyze the applicability of the consent defense to the case facts
  • Understand the unique credibility issues present in an intoxication rape case, and how to overcome juror skepticism.
  • Recognize the differences in approaching an acquaintance versus stranger rape by intoxication case.
  • Decide what types of evidence will be most valuable to prove the case, depending on the delay between the crime and the disclosure.


With a paid registration or subscription, you are free to personally listen to this webinar, as many times as you wish. You may also excerpt or cite the material following accepted conventions. However, you may not allow other individuals to listen to this webinar without their own registration or subscription.


This project is supported by Grant No. 2018-TA-AX-K032 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.


Intellectual Property Rights

Unless otherwise indicated, the content of this webinar is owned or controlled by End Violence Against Women International (EVAWI), and protected by various intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. With a paid registration or subscription, you are free to personally listen to this webinar, as many times as you wish. You may also excerpt or cite the material following accepted conventions. However, you may not allow other individuals to listen to this webinar without a registration or subscription.


This content is for Monthly Webinar Subscription, Annual Webinar Subscription, Lifetime Webinar Subscription, Bronze Agency Webinar Subscription (1-10 users), Silver Agency Webinar Subscription (11-25 users), Gold Agency Webinar Subscription (26-50 users), Platinum Agency Webinar Subscription (51-500 users), Webinar: Neurobiology of Sexual Assault – Part 2: Experience and Memory, Webinar: New Frontiers in Investigating and Prosecuting Sexual Assault by Intoxication – Part 1, Webinar: Alternative Responses to Intimate Partner Prosecution: From Diversion to High Lethality, Webinar: Start by Believing: The Johnnetta McSwain Story: “Why Did Nobody Believe Us, Why, Why?”, Webinar: Understanding and Responding to Hate Against AAPI Communities, Lifetime Access – Violence Against Women and Exploitation by Illegal Street Gangs, Lifetime Access – Talking To Killers and Non-Lethal Abusers: What Can They Tell Us About Sexual Coercion and Jealousy, Lifetime Access – Getting It Right: Medical and Law Enforcement Responses to Trans Patients/Survivors , Lifetime Access – Innovation Meets Practice: How to Integrate Seek Then Speak into Your Local Sexual Assault Response, Caring for Deaf survivors: How can we do better?, Lifetime Access – “Nose Rings and Ankle Holsters” – A Discussion on Advocates and Cops, Lifetime Access – Preparing a Survivor to Testify: Beyond Sips of Water and Fidget Toys, Lifetime Access – Meeting Patients/Survivors Where They Are: Trauma-Informed Responses to Mental Health Effects, Webinar: Preventing Domestic Violence-Related Fatalities and Murder-Suicides: Turning Data Into Action, Webinar: Stop Fumbling the Victim Interview: Tools You Can Use Tomorrow, Webinar: Hey Siri, How Do You Increase Accountability & Safety in Stalking Cases?, Webinar: Seek Then Speak: A Simple Tool to Increase Survivors’ Access to Reporting and Services, Webinar: American Nightmare: Lessons from the Detective Who Got It Right, Webinar: Caring for Native Survivors: Sexual Assault Medical Forensic Exams, Webinar: Keep Calm and Testify On: A Practical Guide for Giving Expert Testimony , Webinar: Understanding and Confronting Vicarious Trauma, Webinar: Prepare for Court with the SAMFE Virtual Practicum, Webinar: Overcoming “Credibility Challenges” in Sexual Violence Investigations , Webinar: On the Record: Justice, Survivors, and the Media , Webinar: A Blueprint for Statewide Adoption of the Seek Then Speak Reporting Tool , Webinar: Something’s Missing in Our Response to Sexual Assault: Offender-Focused Investigations, Webinar: When Language Matters: A Strangulation Case Review of a Victim with Limited English Proficiency, Webinar: Culturally Responsive Care for Black Women Survivors of Intimate Partner Violence, and Webinar: What Effective Campus Sexual Assault Response Looks Like members only.
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