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At its upcoming meeting on August 12 – 13, 2019, The American Bar Association House of Delegates will consider a resolution concerning the definition of consent in sexual assault cases. NACDL opposes the proposed resolution. The resolution and report appear below, as does the NACDL position and a counter proposal, a letter from members of the American Law Institute, whose consideration of this matter is referenced in the ABA report, and a letter in support of the proposed resolution.
NACDL has actively opposed legislative efforts in Utah to adopt affirmative consent requirements in sexual assault prosecutions.
Brief of Amici Curiae The American Civil Liberties Union, The American Civil Liberties Union of New Jersey, The National Association of Criminal Defense Lawyers, and The Association of Criminal Defense Lawyers of New Jersey.
Brief of Amici Curiae The American Civil Liberties Union, The National Association of Criminal Defense Lawyers, and The Association of Criminal Defense Lawyers of New Jersey
A collection of quotes from multiple cases on the legal definitions of consent.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of defendant-appellant’s petition for rehearing en banc and reversal of the district court’s judgment.
Amici curiae brief of the Juvenile Law Center, the National Association of Criminal Defense Lawyers, et al. (totaling 41 groups and individuals set forth in Appendix A to the brief) in support of real party in interest Tyler B.
Brief of the National College for DUI Defense and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioners.