Justice for all low-income people in Washington

Rebecca Nelson, Appellant v. James Duvall, Respondent

September 1, 2016

NJP also appeared as amicus in two important cases involving protections for victims of sexual assault. NJP Advocacy Coordinator Leslie Savina joined the Washington State Coalition Against Domestic Violence and Legal Voice as amici in a case challenging the trial court’s denial of a sexual assault protection order because the petitioner, a UW freshman who, was too intoxicated to remember the events surrounding her rape by another student, could not contradict the respondent’s claim that she had consented. The Court of Appeals remanded the case finding that in the face of “evidence of excessive alcohol consumption, or other impairments, the trial court has an obligation to determine if the petitioner had the capacity to consent.” Rebecca Nelson, Appellant v. James Duvall, Respondent, No. 73416-4, Court of Appeals Division I.