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Abstract: 

When a rape is preceded by consensual contact between the victim and perpetrator—even where that contact occurred days, weeks, months, or even years ago—there is a risk that the crime will be minimized or the victims will be blamed for his or her own assault. When the assault involves activity to which a victim initially consented before revoking his or her consent, the potential for minimization and victim-blaming are amplified as the focus shifts away from the offender and onto the victim. This article examines the range of issues arising in the prosecution of sexual assault cases when the victim has revoked prior consent. (This article was co-written by AEquitas staff members Jennifer Long, Chief Executive Officer; Holly Fuhrman, Associate Attorney Advisor; Jonathan Kurland, Attorney Advisor; Teresa Garvey, Attorney Advisor; and with the assistance of Cary Zhang, Temple University Beasley School of Law 2021.)

Keywords: Revocation of Prior Consent; Impact of Force; Legal Analyses for Consent; Rape Myths and Victim Credibility; Mistake of Fact Defense

Affiliations:  1: AEquitas.