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Drug-facilitated Rape Series, Part Three: Trying the Drug-facilitated Rape Case

NCJ Number
185310
Journal
Prosecutor Volume: 34 Issue: 5 Dated: October 2000 Pages: 32-40
Author(s)
Diana M. Riveira; Angela L. Hart
Date Published
October 2000
Length
7 pages
Annotation
This article focuses on the role of the prosecutor during the trial process in a case involving drug-facilitated sexual assault, with emphasis on expert testimony.
Abstract
The prosecutor should conduct a detailed interview of the victim as soon as possible after being notified by police or others and should prepare for this interview by becoming familiar with classic signs of this form of assault. The prosecutor should explain each step in case processing and inform and involve the victim during every stage of case processing. The prosecutor should work closely with law enforcement to gather enough supporting evidence to be able to charge even if a urine sample is not available. The prosecutor should consider both primary and secondary charges. Expert testimony in drug-facilitated sexual assault trials is extremely important. Issues to consider include qualifying the expert, proffering the expert, and conducting the expert testimony, as well as being prepared for the cross-examination of the prosecution’s forensic scientist. Cross-examination of the defense expert should focus on relevance and financial interest. Other areas to consider in these trials include pre-trial motions and the conduct of voir dire. Reference notes