Consent, Capacity to Consent, and Coercion: Prosecutorial Insights from I May Destroy You

AEquitas Senior Attorney Advisor Jon Kurland examines I May Destroy You, Michaela Cole’s unflinching portrayal of alcohol-facilitated sexual assault, involuntary intoxication, and rape. Drawing on Jon’s decades of prosecutorial experience, they break down how the law defines consent and how intoxication—voluntary or involuntary—impacts consent.

They explore the investigative challenges presented by memory gaps, how prosecutors handle cases where the victim may have only partial recall of the assault, how prosecutors work with or prepare to cross-examine toxicologists and other experts, and the importance of explaining victim behavior to fact-finders without reinforcing harmful stereotypes. The conversation also highlights how sexual assault against male victims is minimized or misunderstood, and what prosecutors can do to ensure all victims receive a trauma-informed and just response.

We discuss what I May Destroy You gets right about disclosure, offender behavior, and the communication of consent—and what practitioners can learn from it to strengthen investigations, improve courtroom practice, and advance justice for all sexual violence survivors.

For more information:

• The HBO Limited Series I May Destroy You is available here.
• Prosecuting Alcohol Facilitated Sexual Assault, authored by the late Teresa P. Scalzo, Esq. (1969-2016), was one of the first comprehensive publications to offer strategies in these complex cases; this expert resource remains relevant today.
• Visit AEquitasResource.org to access The ABCs of BAC: Toxicology for Prosecutors and Investigators and the expert publication “Stop it: Now”: Charging Considerations in the Prosecution of Rape Following a Revocation of Consent.
• Senior Attorney Advisor, Jonathan Kurland’s bio can be found here.

This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and the National Human Trafficking Hotline.