Law & Order: Special Victims Unit Season 28 Episode 1 Review: Perfect Timing for Imperfect Victims

Law & Order: Special Victims Unit Season 28 Episode 1, “Volition,” is an excellent way to kick off the new season. 

The season premiere features a sexual assault case that delves into some harsh truths surrounding consent and intoxication, illustrating how the court of law and public opinion effectively cultivate rape culture.

Benson and Carisi also vehemently disagree over how to secure justice for the victim, Emily Dawson, which ignites a potentially serious conflict that could last multiple episodes.

One of the most intriguing parts of “Volition” is the introduction of the new ADA, Aidan Hawkins, and Carisi is less than thrilled to be tasked with training him.

Hawkins’ approach to the law is notably different, even taking Benson’s side when she and Carisi butt heads over the case. 

Carisi already does not like Hawkins, but standing with Benson sours their dynamic even more. They will likely go head to head in the upcoming season, and it will be interesting to see how their partnership develops, especially since Carisi will keep training Hawkins. 

Aidan Hawkins: You want to arrest someone you know to be innocent to pressure their child.

Hawkins is not the only person Carisi disagrees with. Law & Order: Special Victims Unit introduces a heated conflict between Carisi and Benson that has yet to be resolved.

Benson and Carisi both want to do what they believe is right to secure justice for Emily, but their staunchly different opinions create a new tension in their friendship. Of course, Benson and Carisi have argued, but nothing has ever felt like betrayal until now.

Benson’s betrayal is not personal, but Carisi feels it is, and with the episode leaving things unresolved, the rift in their friendship could keep growing.

It is even more heartbreaking to realize that both Benson and Carisi are justified — they just have different approaches to justice.

Carisi evaluates each case individually, choosing the best path to justice for Emily based only on hard evidence and the rule of law.

However, Benson has a bigger goal in mind. She wants Emily to receive justice, but part of that also involves ensuring sexual assaults cannot happen again, and the only way to do that is to combat rape culture.

Carisi’s duty is to uphold justice, which differs from case to case, but Benson wants to go above and beyond to ensure these crimes cannot happen again. Realistically, the only way to do that is to fight rape culture itself.

Sexual assaults occur because of how society cultivates and upholds rape culture. Take Emily’s case as an example — Josh, Daniel, and Scott almost get away with their crimes because Josh’s mother covers up potential evidence at the scene. 

As long as people like Josh’s mother exist, sexual assaults will not stop. It is critical to hold accomplices and protectors accountable to effectively isolate rapists from having any support or people to hide behind.

It is partly why Benson chooses to arrest Josh’s mother. Holding everyone who enables a sexual assault, in addition to the perpetrators, accountable is how to achieve true justice.

Benson’s newfound method will certainly make the upcoming season more interesting, especially if she keeps approaching cases this way.

Law & Order: Special Victims Unit Season 28 Episode 1, “Volition,” also explores important themes regarding consent and intoxication.

Under New York law, people can be intoxicated and still give consent, even though alcohol impairs our ability to make choices, according to the National Library of Medicine.

Someone who consumes several drinks of their own free will would not necessarily make the same decisions as they would when they are sober. They might take risks they normally would not with a clear mind.

Olivia Benson: But the law says that the victim has to be physically helpless or given an intoxicating substance without consent.
Jake Griffin: Then the law is garbage.

Unfortunately, if they decide to drink voluntarily and do not pass out, they can consent to sexual encounters according to the law. It makes it incredibly difficult to prove that a sexual assault occurs beyond a reasonable doubt.

However, if one person is significantly drunker than their partner, they should not be able to consent, especially if they would make a different choice while sober.

The consumption of alcohol does not automatically equate to consent, an important message that “Volition” expresses. If someone’s ability to make decisions is impaired, they should not be allowed to consent.

Unfortunately, as long as this notion is not explicit in the rule of law, many survivors of sexual assault will continue to be treated as if they committed a crime.

This episode could not have come at a better time, given the news surrounding the Cornell 7. New text messages have recently indicated that Jane Doe chose to consume alcohol and possibly agreed to engage in sexual relations with two of the men (via New York Post).

The texts fail to mention that Jane Doe wrote them while she was still processing what happened, before she realized what had occurred was sexual assault, which happens in many cases as Law & Order: Special Victims Unit has repeatedly portrayed over the years.

Like Emily, Jane Doe is not a perfect victim. Her reluctant decision to consume ketamine in addition to the alcohol she drank is not an invitation for men to abuse her, just like Emily choosing to drink is not an invitation for Scott, Daniel, and Josh to assault her.

“Volition” illustrates how society still has a long way to go, given how it treats survivors who are anything less than perfect. The most imperfect victim is still a victim, including people who choose to consume alcohol but not necessarily to sex. 

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Law & Order: Special Victims Unit airs Thursday at 9/8c on NBC.

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