Your military defense lawyer should consider the following to determine consent:

1. What did the PV (purported victim) SAY to the accused before, during, or after the event?

• Yes (or no)
• Please do (or don’t)
• I like (don’t like) that
• Sounds of pleasure (or displeasure)

2. What did the PV do DURING the event?

• Removed her clothing or assisted the accused in doing so.
• Removed the accused’s clothing or assisted in doing so.
• Tried to retrieve clothing.
• Hide under a blanket or somewhere in the room.
• Tried to leave the room.
• Yelled or screamed.
• Scratch, bite, claw, hit, spit, twist, run away, hide, push, etc.
• Locked herself in a room.
• Rolled over (to discontinue contact or because of sexual preference?)

3. Did the setting of the event suggest ROMANCE?

• General concept: Women want or expect romance before intimacy; Men don’t need romance.
• Look for romance by her (she is considering intimacy).
• Look for romance from him (a signal interested in intimacy which the PV should quash if not interested).
• Romance factors:
  • Flowers, gifts, candles, time of day, alcohol, sex toys, speech, cuddling, back rubs, location, in bed or other comfortable location, after dinner.

Sexual Assault Charges