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Women's E-News | Victim May Testify at Steubenville Rape Trial

(03/14/2013) Defense lawyers are set to focus on the incidents being consensual. Jennifer Gentile Long, a former prosecutor and the director of AEquitas, told ABC News that there is no "bright line" for how drunk a person has to be to be considered impaired enough to be unable to say yes -- or no -- to sex.

Problems also arise when victims do not report the incident to the police until hours or even days after the assault, which makes a precise level of incapacity very hard to determine. "These cases are very difficult," said Long, who prosecuted sex crimes as an assistant district attorney in Philadelphia. "Defense attorneys can use a victim's decision to drink on her own and extend it all the way up to blaming her for everything that happened."

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