This article focuses on self-collected sexual assault kits—sometimes known as “do-it-yourself” or “DIY” kits— that are self-administered post-assault and involve the collection and preservation of evidence from the body in a non-medical setting. It examines the rationale behind self-collected kits for victims of sexual violence who state that they want to address their trauma outside the healthcare and criminal justice systems; the challenges self-collected kits present for prosecutors; and the limitations of self-collected kits to provide critical victim care, treatment, and support traditionally provided through the sexual assault medical forensic exam (SAMFE) process. The authors discuss the available alternatives for those circumstances in which self-collected kits may be perceived to be the best available option. Finally, where self-collected kits have been used, the authors offer strategies to mitigate the evidentiary, advocacy, and legal challenges they present. SIB38_Jan22
Intimate Partner Violence Foundations: Moving Towards Justice
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Patti Powers discuss how motions practice can protect victims and advance prosecutions. They explore methods for analyzing cases to determine issues suitable for pretrial motion practice; ways to educate judges on novel legal and factual issues; and strategies for litigating motions to promote victim safety and privacy.
At the conclusion of this presentation, viewers will be better able to:
- File pretrial motions consistent with litigation strategy;
- Educate the judge; and
- Focus on protecting victims and holding the offender accountable.
Additional resources related to this episode:
- Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors, a webinar presented by Jane Anderson, AEquitas Attorney Advisor, and Meg Garvin, Executive Director & Clinical Professor of Law, National Crime Victim Law Institute
- Ethical Considerations for Prosecutors in Intimate Partner Violence Cases, a webinar presented by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
Intimate Partner Violence Foundations: Bringing the Victim’s Voice into the Courtroom
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Jon Kurland discuss how to successfully prosecute cases of domestic violence, regardless of whether the victim is available to testify at trial. They discuss how to use the rules of evidence to litigate the admission of victims’ out-of-court statements and the ways in which expert witnesses can educate the judge and the jury on victim behavior and the effects of trauma.
At the conclusion of this presentation, viewers will be better able to:
- Use jury selection as an opportunity to educate the jury;
- Litigate the admission of victim statements; and
- Offer expert testimony to explain victim behavior and provide context.
Additional resources related to this episode:
- Introducing Expert Testimony in Domestic Violence Cases, a webinar presented by John Wilkinson, AEquitas Attorney Advisor
- The Prosecutors’ Resource on Crawford and its Progeny by AEquitas
Intimate Partner Violence Foundations: Identifying and Combatting Witness Intimidation
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor John Wilkinson discuss the co-occurrence of witness intimidation and intimate partner violence. They explore how collaborating with allied professionals can improve victim safety and how admitting evidence of witness intimidation can enhance prosecutions. This discussion highlights why victims of IPV often recant their reports of violence, as well as the trial techniques that can be used in the event that victims are unavailable to testify or recant their testimony.
At the conclusion of this presentation, viewers will be better able to:
- Identify overt and subtle forms of intimidation;
- Proactively investigate intimidation; and
- Litigate motions to admit evidence under the Forfeiture by Wrongdoing doctrine.
Additional resources related to this episode:
- Field Guide to Witness Intimidation by AEquitas
- Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- No Victim? Don’t Give Up: Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques by Jennifer Gentile Long, CEO, AEquitas, and Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- The Prosecutors’ Resource on Forfeiture by Wrongdoing by AEquitas
Intimate Partner Violence Foundations: Technology Changes, Abuse Doesn’t
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Jon Kurland discuss the role of technology in intimate partner violence cases. They explore how offenders misuse technology to perpetrate crimes and assert power and control, and they offer strategies for litigating the admissibility of digital evidence and protecting victim privacy.
At the conclusion of this presentation, viewers will be better able to:
- Keep up to date with technology and trends;
- Litigate admissibility of digital evidence; and
- Protect victim privacy.
Additional resources for this episode:
- #GUILTY: Identifying, Preserving, and Admitting Digital Evidence, a webinar presented by Jane Anderson, AEquitas Attorney Advisor
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors, a webinar presented by Jane Anderson, AEquitas Attorney Advisor, and Meg Garvin, Executive Director & Clinical Professor of Law, National Crime Victim Law Institute
Intimate Partner Violence Foundations: Capturing Coercive Control
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Jon Kurland discuss how offenders assert coercive control in abusive relationships, strategies for admitting evidence of coercive control to provide context to the violence, and when to charge co-occurring crimes. They explore how an offender’s coercive control tactics can be identified through interviews, investigation, and collaboration; how these tactics can be introduced as evidence in trial through 404(b) motions; and how coercive control may provide evidence to support additional charges, such as stalking.
At the conclusion of this presentation, viewers will be better able to:
- Identify offenders’ tactics of coercive control tactics;
- Litigate the admission of other crimes, wrongs, and acts; and
- Analyze coercive control in relation to stalking.
Additional resources related to this episode:
- Prosecuting Image Exploitation by Jane Anderson, AEquitas Attorney Advisor, and Supriya Prasad
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- Evidence of Other “Bad Acts” in Intimate Partner Violence, Sexual Violence, Stalking, and Human Trafficking Prosecutions by AEquitas
Intimate Partner Violence Foundations: Not Just a Box to Check: Building Trust and Rapport
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Patti Powers discuss how to assess victims’ needs and provide meaningful access to appropriate services, communicate effectively with victims at all stages of a case, and improve victim disclosures. They highlight what building trust and rapport with victims may look like, challenges prosecutors may face when establishing relationships with victims, and strategies to overcome these challenges.
At the conclusion of this presentation, viewers will be better able to:
- Build trust and rapport with victims;
- Enhance prosecutions through improved victim disclosures; and
- Demonstrate that the criminal justice system is a safe place for victims
Additional resources related to this episode:
- Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions by Viktoria Kristiansson, AEquitas Attorney Advisor Emeritus, and Charlene Whitman-Barr, AEquitas Senior Associate Attorney Emeritus
Intimate Partner Violence Foundations: Collaboration is Key: Working with Victim Service Professionals
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Patti Powers discuss the importance of working closely with victim service professionals in intimate partner violence cases. They explore how prosecutors and victim service professionals can work collaboratively to ease common tension points while protecting victim privacy and ensuring that survivors have meaningful access to services.
At the conclusion of this presentation, viewers will be better able to:
- Identify opportunities to enhance collaboration;
- Communicate to build trust between victim services professionals and prosecutors; and
- Leverage collaborative relationships to enhance victim safety and participation.
Additional resources related to this episode:
- Presence of Victim Advocate During Sexual Assault Exam: Summary of State Laws by Charlene Whitman-Barr, Senior Associate Attorney Advisor Emeritus
- A Prosecutor’s Reference: Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims by Jenifer Markowitz
Intimate Partner Violence Foundations: Collaboration is Key: Working with Law Enforcement
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Jon Kurland discuss the importance of working closely with law enforcement to build and successfully prosecute IPV cases. They identify opportunities for enhanced collaboration, discuss methods for building evidence-based investigations and prosecutions, and emphasize how collaboration can help prosecutors comply with discovery and due process requirements.
At the conclusion of this presentation, viewers will be better able to:
- Identify opportunities to enhance collaboration;
- Communicate to build trust between law enforcement and prosecutors; and
- Leverage collaborative relationships to enhance victim safety and participation.
Additional resources related to this episode:
- Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead by AEquitas, Urban Institute, and Justice Management Institute
- To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women by John Wilkinson, AEquitas Attorney Advisor
- Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective, a webinar by John Wilkinson, AEquitas Attorney Advisor
Intimate Partner Violence Foundations: Recognizing and Minimizing Barriers to Justice
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Patti Powers discuss strategies for holding offenders accountable while prioritizing victims’ safety, privacy, and autonomy. The discussion highlights the different types of trauma a victim may experience, how an offender’s use of power and control can affect a victim’s ability to participate in the criminal justice process, methods for increasing victim participation, and strategies for holding the offender accountable when the victim is unable to participate.
At the conclusion of this presentation, viewers will be better able to:
- Identify how offenders inflict and compound trauma;
- Maximize victim participation by minimizing barriers; and
- Balance offender accountability with being victim-centered.
Additional resources related to this episode:
- Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- The Prosecutor’s Resource of Forfeiture by Wrongdoing by AEquitas
