If you found yourself falsely accused of rape after having drunk sex, could you prove your innocence?

If you found yourself falsely accused of rape after having drunk sex, could you prove your innocence?

Because you are up against people like this jury member, CDR K., she stated in the courtroom “You’d have to work hard to make me believe that someone was so drunk that they can’t remember anything about the evening, that they were then also able to give consent… That would have to be proven to me,” (United States v. Rogers)

“Rogers was an Electrician’s Mate Third Class who was accused of numerous offenses, including two counts of sexual assault due to an encounter with the alleged victim, M.C. M.C. had been out drinking the night she met Rogers, but claims to have been too drunk to remember meeting with him and, subsequently, having sexual intercourse with him.

During panel selection process of this court-martial (also known as voir dire), Rogers’ defense counsel challenged the participation of one-panel member, CDR K, due to a possible bias she might have against Rogers. CDR K worked with sexual assault victims, had a family member who had been sexually assaulted, and, in voir dire, expressed what the court is now defining as a misunderstanding of consent. “You’d have to work hard to make me believe that someone was so drunk that they can’t remember anything about the evening, that they were then also able to give consent… That would have to be proven to me,” CDR K expressed.

Rogers was convicted and sent to prison, but after years of appeals the United States Court of Appeals for the Armed Forces’ new ruling, Rogers’ two convictions of sexual assault have been overturned and a rehearing on the matter has been authorized.” (Joseph L. Jordan, Attorney at Law)

 

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