Establishing Penetration in Sexual Assault Cases

Publication Date: 2015
Tag(s): legal assistance, sexual assault
Author(s): AEquitas: The Prosecutors' Resource on Violence Against Women
Abstract: This document explains the legal requirements for establishing penetration in sexual assault prosecutions and offers strategies for effectively identifying, evaluating, and presenting evidence of penetration. First, it summarizes the categories of criminal sex offense statutes and outlines the legal requirements to establish penetration. Second, it provides strategies to prepare for and try sexual assault cases involving penetration. Third, it identifies and offers guidance for responding to common defense challenges to establishing penetration in sexual assault cases.