The Role of Alcohol in Sexual Assault
At least one half of all reported sexual assault cases have been
alcohol related. Among these cases the perpetrator and/or the victim
have consumed alcohol above or beyond the legal limit of intoxication.
Within reported cases alcohol has also been the catalyst for the
consumption of the date rate drug, Rohypnol and others.
Prosecution of Alcohol Related Sexual
Assault
The legal term for this form of sexual assault is alcohol facilitated
sexual assault. Prosecuting alcohol facilitated sexual assault is not
an easy task. Before charges can be filed with the courts there are
many factors to be considered. These factors include: blood alcohol
level of both the perpetrator and the victim, behavior characteristics
of the perpetrator, if date rape drugs were present, and if physical
evidence is available to collect.
The most important action a victim can take after sexual assaut is to
report the crime to law enforcement. During the course of filing the
charge, evidence will be collected via rape kits and toxicology
screenings. This collected evidence is the controlling factor needed to
prosecute the crime. The more evidence collected, the more likely the
case can be properly prosecuted and result in a conviction. If the
victim changes their clothing or showers prior to reporting sexual
assault this evidence is lost and/or tainted.
The Victim Voluntarily Consumes Alcohol
In cases where date rape drugs were placed within the alcohol consumed
by the victim, a toxicology screening of the victim will provide
prosecutors with evidence to prove the victim was drugged even. Whether
the victim willfully consumed the alcohol voluntarily, the presence of
date rape drugs proves intent. However, in cases where the victim
voluntarily became intoxicated yet not drugged prosecution must rely on
the creditability of the victim. These cases are more difficult to
prove. Prosecutors will need DNA or other evidence such as fibers or
other evidence to place the perpetrator at the scene of the crime.
If the victim became voluntarily intoxicated prior to the sexual
assault, defense attorneys will analyze the creditability of the victim
and any witnesses. Such factors they will consider are: the length of
time between the sexual assault and when it was reported, whether there
is any physical evidence to back up their claim, and if there is a
motive behind the accusation.
The Perpetrator Consumes Alcohol
In cases where the perpetrator was intoxicated, defense attorneys will
argue that the defendent was not at fault due to intoxication. This
argument is predominant among male college students accused of alcohol
facilitated sexual assault. However, regardless to level of
intoxication of the perpetrator, it is less likely that the defendent
will be cleared of the charge for this reason.
While prosecuting the case the state will require the defendent to
undergo psychological tests. These tests will aid prosectors if
predatory behaviors are discovered. Predatory behaviors are amplified
when alcohol is consumed, thus making the individual more likely to
commit crimes such as sexual assault.
When the Victim and the Perpetrator
are Intoxicated
If both parties are intoxicated at the time of the sexual assault,
investigations will proceed in the same manner. However, if the case
goes to trial the prosecutors must prove: (1) the victim did not give
consent for sexual penetration, (2) the victim was unconscious, (3) the
victim does not have an ulterior motive or hidden agenda for the
accusation, and/or (4) present evidence that would prove beyond a
shadow of a doubt that intercourse was forced by the accused.