Alcohol, Capacity, Consent, and Reasonable Belief in Sexual Assault Cases
This program examines how alcohol consumption, memory science, and cognitive suggestibility affect sexual assault prosecutions, giving defense attorneys the tools to challenge unreliable testimony. You will learn the science behind alcohol-induced amnesia, why it impacts memory rather than volition, and how complainants may appear credible on the stand while unknowingly reconstructing false memories. The program also explains how training programs and cultural messaging can contaminate perceptions of consent, creating jurors and witnesses predisposed to interpret later regret or discomfort as assault.
Defense attorneys will gain practical strategies for reframing “blackouts” as alcohol-induced amnesia and for demonstrating that an individual may have been capable of consent despite lacking later memory of events. The session emphasizes how to distinguish between short-term behaviors and long-term memory formation, and how to highlight to juries that intoxication alone does not negate volition. These arguments are critical to raising reasonable doubt when consent or mistake-of-fact defenses are at issue.
The program also provides guidance on investigating alcohol-related cases, including using receipts, body-worn camera footage, social media, and bar surveillance to reconstruct events more accurately than witness recollections allow. Attorneys will see how to cross-examine memory with precision, avoid alienating jurors by labeling complainants as liars, and instead focus on scientific explanations for inconsistent or missing recall.
By mastering these approaches, defense lawyers will be better equipped to dismantle unreliable testimony, introduce credible expert evidence, and argue effectively for reasonable belief in consent in alcohol-related sexual assault trials.
Note: This program appears in more than one collection on NACDL MyCLE On-Demand. Before purchasing, please ensure that you do not already have access to this program.
Kathleen Coyne is a 1982 graduate of Temple University School of Law, and is admitted to practice in California, Pennsylvania and Florida. She practiced as a public defender in San Diego, Philadelphia, New York (Binghamton) and as a Federal Defender for over 30 years. She is currently the Highly Qualified Expert (HQE) Attorney Advisor for the Marine Corps Defense Services Organization where she consults on sexual assault and complex cases, conducts training, and develops resources for the Marine Corps Defense Counsel Assistance Program. She has recently authored a chapter in a peer reviewed book The Forensic Psychologist in the Military System to be published by the APA in Spring 2019. Ms. Coyne is the recipient of the 1993 Public Defender of the Year by the California Public Defender's Association and was honored as Trial Attorney of the Year by the Criminal Defense Bar Association of San Diego County, as well as being the California Attorneys for Criminal Justice's Skip Glenn Award recipient "for extraordinary accomplishments by a young defense lawyer"; and the winner of the Defender Organizations of San Diego County's E. Stanley Conant Award for "efforts to protect the rights of the indigent accused." In 2006, Ms. Coyne was the first public defender ever to be honored as the San Diego Daily Transcript San Diego County Top Attorneys—Municipal & Government. She was the only public defender elected San Diego Super Lawyers, 2008, 2009. She has been recognized in federal (9th Circuit) and California state appeals courts as an expert in the area of competent representation and ineffective assistance of counsel in sexual assault cases under Strickland v. Washington, (1984) 466 U.S. 668. Her work has been covered in both the local and national press and featured in the New York Times, Philadelphia Inquirer, Los Angeles Times, National Review, Newsweek, California Lawyer, California Defender, London Sunday Times, and People. She has appeared on Primetime Live, Justice Files, American Justice, Inside Edition, KPBS Radio and Phil Donahue. She has lectured extensively in the area of defending sexual assault cases, insanity, mental defenses to homicide, use of psychological experts, eyewitness identification issues, ethics, child witness testimony, childhood suggestibility, working effectively with experts, cross examination of prosecution experts, use of syndrome evidence and investigation of complex child abuse cases.
CLE State Accreditation
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00
CLE State Accreditation:
- General 1.00
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00