The Xan Wilson case, often referred to as the “Condom Consent Case,” was a landmark matter involving issues of consent, sexual assault, and public policy reform. In Austin, Texas, a young woman, Xan Wilson, awoke to find a knife-wielding intruder in her apartment intent on raping her. Demonstrating extraordinary presence of mind under extreme threat, she insisted that her attacker use a condom. The assailant, a local resident, was apprehended shortly thereafter and confessed to breaking into her apartment.
However, during grand jury proceedings, the attacker claimed that Wilson’s request for condom use constituted consent to sexual intercourse. Shockingly, the Austin grand jury accepted this argument and indicted him only for burglary, declining to pursue rape charges.
At the referral of the local Rape Crisis Center, attorney Mark Mueller was consulted for an independent opinion. Mueller, alongside the Rape Crisis Center and various women’s advocacy groups, quickly organized a large public demonstration at the Texas Capitol and the courthouse, generating widespread media coverage and turning the case into front-page news. Under mounting public pressure, the District Attorney’s Office, which had initially declined to re-present the case, requested a meeting with Mueller, Wilson, and a psychologist specializing in sexual trauma.
Following the meeting, the District Attorney agreed to convene a second grand jury. This time, the assailant was properly indicted on charges of both burglary and rape. The case garnered national attention, appearing on major news outlets and television programs, including The Oprah Winfrey Show. It proceeded to jury trial, resulting in convictions on both counts and a 45-year prison sentence for the defendant.
Beyond the immediate legal victory, the case had a profound and lasting impact on how sexual assault cases were handled in Austin and other Texas jurisdictions. It led to reforms allowing for the routine use of expert testimony, such as that of counselors and psychologists specializing in trauma, at both grand jury proceedings and trials when appropriate.
Separately, Wilson pursued a successful civil action against her landlord, based on claims that a defective sliding glass door lock facilitated the intruder’s entry. Demonstrating extraordinary resilience and commitment to helping others, Wilson used a portion of her civil settlement to found a nonprofit organization dedicated to assisting.