72 - United States v. Mendoza and Member Instructions

Send us Fan MailToday we discuss the recent and significant case of United States v. Mendoza, where CAAF holds that evidence that a named victim lacked the capacity to consent due to impairment by drugs or alcohol, will not support a conviction for sexual assault without consent under Article 120(b)(2)(A).  This case will have a big impact on how sexual assault cases are charged and litigated going forward.  We also hear from Major Ciara Ryan on member instructions -- she provides great thoughts on being creative to ensure your client gets the instructions most favorable to the defense.