The National Institute on the Prosecution of Elder Abuse (NIPEA) is a three-and-one-half-day course sponsored by the Office on Violence Against Women (OVW), the National Clearinghouse on Abuse in Later Life (NCALL), and AEquitas. The Institute is designed to challenge prosecutors to reevaluate their approach to prosecuting elder abuse cases. Participants received training on the dynamics of elder abuse as well as practical skills to successfully prosecute these cases. NIPEA explores the complex issues faced by prosecutors — balancing offender accountability with the impact of criminal prosecution on victims. In addition to case evaluation and litigation skills, the curriculum examines the benefits of developing a coordinated, victim-centered community response; explains common injuries and relevant medical evidence, providing guidance on the use of medical experts; explores ethical issues confronted by prosecutors; addresses the development and improvement of culturally-specific victim services; and offers prosecutors the ability to redefine outcomes and the very nature of justice in elder abuse cases.
Technology and Advocacy Statewide Training
SPARC Director Jennifer Landhuis and Retired Sgt. Mark Kurkowski presented series of presentations including, but not limited to, “Stalking Prevalence, Dynamics and Behaviors,” “The Intersection of Stalking, Domestic Violence and Sexual Assault” and “The Use of Technology to Stalk” on behalf of the Florida Coalition Against Domestic Violence (FCADV) in Clearwater, Florida.
Advancing Strategies for a Safe and Healthy Community
AEquitas Attorney Patti Powers presented “Alcohol Facilitated Sexual Assault: Who Needs Force When You Have Alcohol?” and “Getting to ‘Guilty’: Guiding the Jury’s Response to the Evidence” on behalf of The Gulf Coast Center for Nonviolence (GCWCFN) in Biloxi, Mississippi to an audience of dual sexual assault/domestic violence program staff, law enforcement officers, mental health professionals, prosecutors and victim-witness specialists.
National Training Institute on Protection Order Practice for Attorneys and Advocates
SPARC Director Jennifer Landhuis presented “Working with Victims of Stalking in Protection Order” at on behalf of the National Center on Protection Orders and Full Faith & Credit to an audience of dual sexual assault/domestic violence program staff.
Alcohol- and Drug-Facilitated Sexual Assault: A Survey of the Law
While the absence of laws covering the assault of a voluntarily intoxicated victim is often cited as a barrier to prosecuting sexual assault cases, the laws in all 58 U.S. jurisdictions allow for the prosecution of sexual assault cases in which the victim was voluntarily intoxicated. The language in some statutes, however, may not always include the assaultive conduct relevant to a specific case. Additionally, some sexual assault statutes do include an element requiring the victim’s intoxication to be caused by a perpetrator, without the victim’s knowledge, for the purpose of perpetrating a sexual assault. Because language among these statutes is not consistent and may not specifically refer to intoxicated victims, this Statutes in Review synthesizes the similarities and distinctions among the statutory language and summarizes AEquitas’ more comprehensive analysis of rape and sexual assault laws covering alcohol- and drug -facilitated sexual assault involving penetration in all jurisdictions in the country.
Witness Intimidation
We have developed two individual resources related to witness intimidation. One is a collection of state statutes that includes laws such as those expressly prohibiting witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
The second is a compilation of case summaries provides insight into the dynamics and prosecution of witness intimidation, harassment, perjury, retaliation, bribery, false reporting,and tampering with witnesses or evidence.
Were You Sexually Harassed, Assaulted or Raped At Work? Here’s What Steps You Can Take
For victims who decide to report sexual harassment or assault at work, outcomes can be unclear. Every case is different. Workplace policies are different. Law is different by state. Some might be handled within the company. Some might need police involvement. Some might be brought to court, with civil and/or criminal implications. Lawyers say how victims report the harassment or assault matters greatly. If someone has forced you to have sex or perform sexual acts, that person likely faces criminal charges, said Jennifer Long, Chief Executive Officer of AEquitas: The Prosecutors’ Resource on Violence Against Women. Same goes for anyone who has touched your breast, butt or genitals, undressed you or undressed in front of you without your permission. Some incidents might fall into civil cases, usually meaning victims are entitled to financial compensation. Those might include verbal sexual harassment.
Justice Delayed: Litigating Sexual Assault on Campus
The Saifullah Khan sexual assault case raises a critical question regarding how rarely and hesitantly Yale students — and college students at a national level — will report instances of potentially criminal sexual misconduct to the police.
Jennifer Long, Chief Executive Officer of AEquitas: The Prosecutors’ Resource on Violence, told the News that unfortunately it can feel as though specialized sexual violence training or even gender-based filing at police departments is “seen as a luxury rather than a necessity in these cases.”
The idea behind delaying a sexual assault trial is controversial on both sides of the courtroom. Long told the News that the greatest source of delay tends to come from the defense strategically holding up the case. She explained that these trials deal with highly traumatic crimes, but that delays can amplify that stress and undermine the victim’s willingness to continue working with the prosecution.
Long told the News that she does not want to “sugarcoat” the process of going through prosecution as a victim of sexual assault, and leveled that the main strategy of the defense in sexual assault trials is to discredit the victim. Still, she added, she believes that the process of seeking justice in a court of law empowers victims regardless of the outcome and, by extension, makes the reform process of the courts a crucial one. “The main reform really is making sure defense attorneys don’t ask for unjustified delays — there are already laws in place that should prevent that — and making sure prosecutors prepare and argue against continuances that are just designed to delay a case. Another area [for improvement] is training around witness intimidation and the nuances of witness intimidation, and ensuring the system is looked at before a case even happens, to make sure intimidation is prevented.”
With Baton Rouge Violent Crime on Rise, Officials Hope New Grant Helps Combat Witness Intimidation
With violent crime on the rise in Baton Rouge, officials say the need has grown for a more comprehensive approach to combating witness intimidation. Three organizations — AEquitas, the Justice Management Initiative and the International Association of Chiefs of Police — will use almost $600,000 from the U.S. Department of Justice to provide guidance and evaluate practices in three cities over the next two years. Baton Rouge, Boston and Baltimore received the awards.
Local agencies — including the Baton Rouge Police Department, East Baton Rouge Parish Sheriff’s Office and LSU researchers — will help develop and implement recommended strategies. Data collected throughout the duration of the grant will hopefully provide insight into effective strategies that could be used across the country, said John Wilkinson, an attorney advisor for AEquitas.
Wilkinson said some possible strategies could include better educating people about witness intimidation, helping victims take precautions and protect themselves without necessarily relocating away from their homes, prosecuting cases even when witnesses refuse to cooperate, and training law enforcement and courthouse staff on how to recognize and respond to intimidation when it does occur.
She’s the Judge These Larry Nassar Victims Needed
In general, judges thank or comfort victims when they speak but withhold their opinion until the end. At that point, the judge will offer their overall thoughts on the defendant and victims and deliver a sentence, Slotnick said.
“What (Nassar) did was so reprehensible and so disgusting that everyone shares the judge’s sentiment,” he added. “However, it’s unusual that prior to actually rendering a sentencing, the judge is actually expressing her opinion.”
But judges showing empathy for victims is “totally appropriate,” according to Jennifer Long, the chief executive officer at AEquitas, an organization that offers resources to prosecutors in cases of sexual and domestic violence. “I don’t think that’s any way in contradiction to the rules of the judge. It demonstrates that the judge is understanding of the victim’s suffering. [It] makes a huge difference to victims to think about individually getting up and making a statement.”
