How Women Banded Together to Take on James Toback

Although there’s an argument to be made that going to the press before the cops can reduce a person’s credibility in front of a jury, Jane Anderson, an attorney advisor at AEquitas…said stories with large numbers of sources help shift public opinion about how victims behave. The idea is that if regular people learn through exposure in the press and pop culture that victims are frequently too intimidated to speak with police right after an incident, they might ultimately serve as jurors who are sympathetic to the idea that victims came forward years or decades later.

 

Anderson added that by speaking out in significant numbers, victims can also make others who have blocked out their abuse realize that they aren’t crazy—and come forward with their own secrets. “Trauma tricks your brain into thinking the trauma wasn’t as serious as it was or that an assault didn’t happen,” Anderson told me. “If someone else says it happened to them, it validates what they experienced. The [efficacy] of crowdsourcing makes sense to me.”

Survivors of Sexual Abuse from the Powerful Face a Hard Road Back

Lost among the broader discussion of horrific misbehavior by powerful individuals is the long-term impact on their victims: diminished mental health, destroyed careers and problems trusting other people in their interpersonal relationships.

 

“Every individual is different,” says Jennifer G. Long, CEO of AEquitas. “Victims have varied responses. Some individuals withdraw from their personal and professional lives. … On the other hand, other individuals you may find throw themselves fiercely into their professional work. They may overachieve and show no outward signs that they’ve suffered.”

The American Public Finally Heard the Women Larry Nassar Abused

Since the 1991 Supreme Court case Payne v. Tennessee, the right of victims to deliver impact statements in front of the court has been widely recognized. But rarely does the public get to see those statements delivered.

 

“Victims testify every day in every courtroom about the harms they have suffered at the hands of perpetrators,” said Jennifer Gentile Long, CEO of AEquitas: The Prosecutors’ Resource on Violence Against Women. “In many ways the proceedings [over the past week] gave a voice to all of those victims.”

Derrick Rose’s Accuser Must Be Named, Judge Rules. Is That Fair?

Jennifer Long serves as the Chief Executive Officer of AEquitas, a Washington-based firm that assists prosecutors with cases involving allegations of sex crimes, gender-based violence, and human trafficking. Ms. Long, who did not comment specifically on the Rose case, says she tends to favor robust privacy protections to shield victims from the public eye, as long as defendants retain their Sixth Amendment right to confront their accusers. “I can’t think of a compelling public interest to have a victim’s identity known, but that doesn’t mean that one couldn’t arise, given the right circumstances and set of facts,” Long tells the Monitor. “It’s so fact-specific.”

Field Guide to Witness Intimidation

Witness intimidation affecting the criminal justice system can take many forms and arise in many contexts. Its presence and effects are not always self-evident, either to professionals working in the system or to the witnesses themselves. While overt threats may be easily recognized and categorized, other forms of intimidation may be subtle or disguised, or too easily overlooked in the course of responding to what has been identified as the primary criminal offense. This Field Guide to Witness Intimidation is intended to be a convenient reference to assist professionals in identifying acts of witness intimidation that may affect their work with victims and witnesses vulnerable to such pressures.

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Federal Firearms Prohibition Extends to Persons Convicted of Reckless Misdemeanor Crimes of Domestic Violence: Voisine v. United States

The United States Supreme Court has held that the federal firearms prohibition for individuals convicted of misdemeanor crimes of domestic violence applies even to convictions having recklessness as an element of the offense. In Voisine v. United States, the Court rejected the petitioners’ argument that the prohibition was inapplicable where the predicate offense could have been based upon a finding of reckless conduct, as opposed to purposeful/intentional or knowing conduct. This article outlines how the Voisine decision has definitively settled the question of whether convictions under statutes that include the reckless infliction of injury qualify as misdemeanor crimes of domestic violence for purposes of the federal firearms prohibition. It also provides suggestions for prosecutors about how to best leverage this decision in domestic violence cases in ways that keep victims—and communities—safe.

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Evidence of Other “Bad Acts” in Intimate Partner Violence, Sexual Violence, Stalking, and Human Trafficking Prosecutions

In proving a case of intimate partner violence, sexual violence, stalking, or human trafficking, it is often crucial to introduce evidence that the defendant has committed some other crime or bad act—usually before or after the charged crime. Such evidence is often viewed with caution by trial and appellate courts, because of the perceived risk that juries will convict the defendant based upon evidence that they committed some crime other than the one charged or that the defendant is a bad person and therefore probably guilty of the charged crime. Prosecutors should file pretrial motions in limine any time they anticipate introducing evidence of a defendant’s crimes or other bad acts, regardless of whether such a motion is required by law. It is important to identify, and to argue, any potentially applicable grounds for admission. This article describes the theories under which evidence of other bad acts might be admissible, depending on the law of the jurisdiction, gives examples, and offers further resources to help prosecutors overcome specific objections.

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The ABCs of BAC: Toxicology for Prosecutors and Investigators

Alcohol’s unique toxicological effects, widespread use, and ease of access render it the ideal substance to facilitate sexual assault. The same factors that make alcohol such a perfect weapon also present unique challenges for investigators, prosecutors, and other allied professionals in alcohol-facilitated sexual assault (AFSA) cases. An understanding of basic toxicology principles is critical for investigators and prosecutors handling these challenging cases from investigation through sentencing to be able to hold offenders accountable for their criminal behavior. This webinar explains the toxicology of alcohol, as well as drugs, in lay terms that will help you understand how alcohol affects the body. Topics include alcohol metabolism, the disproportionate effect of alcohol on women and men, the mechanism of intoxication, an explanation of blackouts vs. pass outs, and other common toxicological issues. It also explores common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

Williams v. Illinois and Forensic Evidence: The Bleeding Edge of Crawford

The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This webinar reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’s impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The presenter provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

Under the Radar: Prosecuting Intimate Partner Sexual Violence

The majority of sexual violence victims know their assailants, a fact that can greatly affect and complicate the reactions that victims experience during and after an assault. Intimate partner sexual violence usually co-occurs with other forms of physical and psychological violence and may indicate a greater lethality risk than with other victims of sexual violence. Criminal justice, advocacy, and health care professionals must consider these and other complexities as they seek to create a victim-centered response. This webinar describes the common dynamics, prevalence, perpetrators, and victims of intimate partner sexual assault, examines ways in which allied professionals may need to expand their practices to adequately and holistically care for these victims, and summarizes the legal issues relevant to the prosecution of intimate partner sexual violence.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.