Sexual assault cases are among the most complicated and emotionally charged cases attorneys handle. No matter which side of the court case you’re on, it’s crucial to understand how alcohol and drug use affects sexual assault cases.
Our San Diego sexual assault attorneys can clarify the relationship that alcohol, drug use, and sexual assault share, how they intersect, and the vital role that sexual assault attorneys play in these cases on both sides of the courtroom.
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Sexual assault is any unwanted sexual contact, including molestation, rape, sexual harassment, and other forms of sexual violence. It’s important to understand that sexual assault and sexual harassment share similarities and differences.
Sexual assault victims commonly experience emotional trauma, physical injuries, and long-term psychological effects due to abuse. Courts will typically award punitive damages to successful plaintiffs, which seek to punish the accused for their actions and deter similar crimes from occurring in the future.
Alcohol is a common factor in many sexual assault cases: It impairs judgment, impedes decision-making, and leads to what would otherwise be considered risky behavior. In addition, alcohol lowers inhibitions and ultimately makes the consumer more vulnerable to the advances of others.
Statistics show that, in many sexual assault cases, the victim or the perpetrator consumes alcohol: Alcohol is a factor in up to 50% of sexual assault cases involving students.
Drug use can also play a significant role in sexual assault cases. Drugs can affect perception and behavior, making it easier for perpetrators to exploit their victims. In some cases, drugs are given to victims without their knowledge or consent, leading to increased vulnerability.
Drug use is a common factor in sexual assault cases, with statistics showing that date rape drugs tend to play a familiar role.
Alcohol and drug use can have a combined effect on behavior, increasing the likelihood of engaging in risky or illegal behavior. In sexual assault cases, this can lead to situations victims cannot give proper consent or perpetrators take advantage of a victim’s vulnerability.
The sexual assault attorney you hire should understand the impact these substances have on consent and how to defend or prosecute those who may have been under the influence during the incident.
Attorneys play a critical role in sexual assault trials, and the strategies deployed on both sides of the courtroom vary.
One strategy that attorneys may use is to argue that the victim’s level of intoxication prevented them from giving proper consent. Another method the defense may argue is that the defendant’s level of intoxication prevented them from knowing that their behavior was inappropriate.
Let’s explore some others the defendant and plaintiff may use.
Here are some strategies defense attorneys may use to defend their clients:
- Challenging the evidence: This could involve questioning the credibility of witnesses or challenging the validity of toxicology reports.
- Arguing lack of intent: Attorneys may argue that the defendant did not have the intent to commit sexual assault due to their level of intoxication.
- Challenging the validity of consent: Attorneys may argue that the defendant believed they had consent.
- Arguing mistaken identity: In cases where alcohol or drug use has impaired memory, the defendant may argue that they were not the perpetrator.
- Using expert testimony: Attorneys may call upon expert witnesses to provide testimony on the effects of alcohol and drug use on behavior and decision-making.
Defense attorneys may explore these and other possible avenues to defend their client, the perpetrator.
In addition to the dynamics defense attorneys face in alcohol and drug-related sexual assault cases, plaintiffs also face unique obstacles.
Here are some of the methods the plaintiff may use in sexual assault cases:
- Present evidence of non-consent: In cases where consent is at issue, plaintiffs may focus on evidence suggesting that the victim did not consent. This may include witness testimony, physical evidence, or statements made by the defendant.
- Show the effect of alcohol or drugs on the victim: Plaintiffs may present evidence to show how the victim’s level of intoxication affected their ability to consent or resist.
- Use expert testimony: As with defense attorneys, plaintiff attorneys may call upon expert witnesses to provide testimony on the effects of alcohol and drug use on behavior and decision-making.
- Establish a pattern of behavior: Plaintiffs may present evidence of prior instances of sexual misconduct by the defendant to establish a pattern of behavior.
Plaintiff attorneys must be prepared and experienced to utilize these strategies to represent their clients successfully.
Alcohol and drug-related sexual assault cases present unique challenges to both the plaintiff and defense. It’s important not to delay seeking representation when facing a sexual assault trial.
At HHJ Trial Attorneys, we’re committed to helping our clients navigate these case complexities and providing them with the best possible chance at justice. If you’re a survivor of a sexual assault case in any way, contact us today to schedule a free consultation.