Overcoming the Consent Defense: Prosecuting Known Offenders

This presentation addresses the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation examines offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter suggests strategies for overcoming common misconceptions at trial, including the importance of establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime at trial.