Stories from the Vault: Does Use of a Condom Mean Consent? The Famous Xan Wilson Case

30 years ago in Austin, Mark Mueller worked on a case that garnered national media attention. This historic, policy changing case, is a tragic story of assault, appearance bias, wrong doing by the District Attorney and lasting trauma to the defendant.

Listen as Mark recounts how he used public information and education to influence the narrative, and the District Attorney’s Office, to do the right thing and charge the perpetrator for rape in addition to the break in.

As the case went public, there was vigorous debate on whether a condom grants consent, when the defendant is trying to protect herself from further harm.

Through grit and determination, Mark and his client Xan Wilson, who now leads women’s groups that help in assault cases, worked together on this case that changed the way grand juries work with assault cases.

1:07
Intro to this tragic case that became known as the ‘condom rape’ case.

1:40
How Mark was introduced.

2:17
What happened to this client Xan Wilson

7:35
Mark meets with Xan Wilson to talk about the case.

8:00
They discuss appearance bias in assault cases.

10:00
How could a grand jury not charge him with rape, only felony burglary?

11:00
Mark calls the DA to find out what happened.

14:17
Mark calls a psychologist who specializes in assault.

16:45
Mark advises his client what to do in this case, and it’s not what the DA advised her to do.

18:05
The case ends up all over the news. What constitutes as rape?

19:56
Mark, his client and the psychologist meet with the DA and he agrees to take it to another grand jury.

23:15
The case details and Xan Wilson are on television to be interviewed.

24:30
The television show invites the rapist on stage to tell his side of the story.

27:15
Mark discusses the plea bargain offers.

29:13
What was the defense?

31:00 They file a civil case against the apartment complex because of the break in.

32:13 How the story becomes even more profound.

34:23 Hear from Xan Wilson today.