The investigation and prosecution of AFSA cases in which the victim was voluntarily intoxicated can be broken down into three steps: making the charging decision, analyzing credibility and corroboration, and trying the case. When beginning to analyze whether charges should be filed, the prosecutor should assume that the victim’s version of events and any supporting evidence is true and accurate. Analysis of credibility and corroboration will occur in step two. Three potential charging theories exist for proving sexual assault of a voluntarily intoxicated victim. First, sexual assault can be proven in the traditional way by demonstrating that the defendant had intercourse with the victim without consent by using force or the threat of force. A second option is proving sexual assault by showing that the victim was unconscious at the time of the rape and therefore incapable of consent. A third option is to show that sexual assault can occur when the victim is too intoxicated to consent. In the latter cases, the victim’s level of intoxication must be proven. The issue at trial will generally focus on whether the victim was incapacitated to the point of being unable to consent to sexual intercourse. Once the charging theory has been determined, a chart should be prepared in order to analyze the evidence to support each element of the offense. A critical issue is whether the victim can testify to all elements of the crime, since it is not uncommon for victims who were intoxicated at the time of the crime to forget certain features of the offense. 127 notes and appended sample voir dire questions for a sexual assault trial, qualifications for an expert on intoxication, and a sample cross-examination worksheet