Intoxicated But Not Incapacitated: Are There Effective Methods to Assist Juries in Interpreting Evidence of Voluntary Complainant Intoxication in Cases of Rape?

Jurors often negatively evaluate complainants making allegations of rape when those complainants were intoxicated at the time of the assault. It is, therefore, essential that legal practitioners have effective methods of ensuring that jurors use evidence of intoxication for the legally permissible purpose, which is to determine the complainant’s cognitive capacity to consent. This study examines whether providing judicial instructions about how...