Developing Your Theory and Theme in Sex Cases
This program addresses one of the most difficult realities of defending sexual assault cases: the odds are often stacked against the defense from the outset. Jurors frequently begin with a presumption of guilt, deep sympathy for the complainant, and an incomplete understanding of how allegations are formed and investigated. This session provides criminal defense lawyers with a disciplined, strategic approach to developing a clear theory of the case—one that integrates facts, law, common sense, and emotion to counter those built-in biases and give jurors a lawful, credible path to reasonable doubt.
The program walks defense attorneys step by step through the process of building theory from the facts rather than from the prosecution’s narrative. Viewers will learn how to analyze police reports, interviews, and evidence collection with a critical eye, identify confirmation bias in sexual assault investigations, and determine what facts are missing or distorted. The presentation also explores the limited but powerful defense theories available in sex cases—fabrication, mistaken identification, consent, and overcharging—and explains how the available evidence, witness relationships, and investigative choices dictate which theory is viable. Particular attention is given to evaluating allegations, assessing claims of coercion or incapacitation, and understanding motives to fabricate, including immigration benefits, housing considerations, and interpersonal dynamics.
Most importantly, this program teaches criminal defense lawyers how to translate theory into a persuasive trial theme that jurors can remember and trust. It explains how themes tap into universal emotions and archetypes, how to use subthemes to reinforce credibility, and why certain themes—especially anger or fabrication—require special care when confronting sympathetic witnesses. By the end of the program, defenders will have practical tools for voir dire, cross-examination, and closing argument that help jurors see the case through the defense’s framework rather than the prosecution’s assumptions. For lawyers handling sexual assault cases, this training provides a concrete roadmap for leveling the playing field and advocating effectively in the most challenging courtroom environments.
Alice Fontier has been a practicing criminal defense attorney for over twenty years after graduating from NYU School of Law. She has been the Managing Director of NDS Harlem, a holistic public defense office providing criminal, civil, and family defense; and the Managing Director of the Criminal Defense Practice at the Bronx Defenders. She has previously worked as a Supervising Attorney at NDS Harlem, the Federal Defenders of San Diego, and as a private attorney in both the federal and state courts of New York. She has handled several high-profile national security cases and other media cases. Alice is the Past President of the New York State Association of Criminal Defense Lawyers, and Parliamentarian of the National Association of Criminal Defense Lawyers. She is an Adjunct Professor at NYU School of Law where she teaches the Police Misconduct Externship, and a Lecturer in Law at Columbia University Law School where she teaches Trial Skills and the NDS Community Defense Externship. In addition, Alice regularly teaches CLE’s for NYSCADL, NACDL, at the Defenders Academy Trial Skills Training, and has taught trial skills at the Kentucky State Trials Skills Academy in Faubush.
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