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Establishing Lack of Consent  

Author:  Catherine  Johnson.

Source: Volume 07, Number 03, Winter 2015 , pp.201-206(6)

Family & Intimate Partner Violence Quarterly

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In investigations of sexual crimes, among the most critical elements of building a case is establishing that the victim failed to give consent. But consent or the lack thereof is not always easy or straightforward to discern in a given case—due, for example, to the way women have been socialized to communicate. Ms. Johnson points out these difficulties and coaches the reader in using gender-informed interviewing techniques to elicit the crucial evidence that may make or break a sexual assault case.

Keywords: elicit appropriate testimony; establish lack of consent in the absence of force; gender roles and socialization; power differential between the victim and suspect; impairment and inability to give consent

Affiliations:  1: Marine Forces Special Operations Command.

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