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Countering Witness Intimidation: Forfeiture by Wrongdoing

Witness intimidation and manipulation factor into almost every domestic violence prosecution. Abusers engage in these tactics because they often work. When witness intimidation is successful, victims decline to participate in the prosecution, they minimize the abuse on the witness stand, or they testify on behalf of the abuser.

But what if we eliminate the payoff for the would-be intimidator? Coordinated efforts by police, prosecutors, and advocates in the form of safety planning, expedited prosecution, victim education, and other strategies can reduce the opportunities for intimidation, thereby increasing the likelihood that victims will feel safe testifying in court. And prosecution strategies, from charging intimidation-related offenses to filing motions to admit out-of-court statements by victims who have been intimidated into silence, can actually increase the likelihood of conviction and the penal consequences for the intimidator. This presentation focuses on forfeiture by wrongdoing as a solution in the case of witnesses who are unavailable for trial due to the offender’s wrongful conduct.

At the conclusion of this training, participants will be better able to:

• Reduce opportunities for intimidation.

• Educate victims about intimidation.

• Preserve evidence of intimidation that will help to convict the abuser, regardless of whether (or how) the victim testifies.

• Litigate motions to admit evidence under the doctrine of forfeiture by wrongdoing.

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Stealthing Being Legal In US Excuses Sexual Abuse For Millions

Jennifer Long, CEO and founder of AEquitas, a non-profit which aims to improve justice in sexual violence, says with an incident that begins with consensual sexual activity but then becomes non-consensual, like stealthing, justice can become somewhat of an uphill battle for survivors.

‘Sometimes people will say, well, it’s not as harmful to a victim, because they’ve already consented to something. That’s a problematic value judgment because survivors have individual experiences and we can’t calculate the harm,’ Long explains.

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Forced Criminality: Understanding Human Trafficking Through the Lens of Utah’s Victor Rax Case

 As human trafficking awareness has risen across the United States and the globe, there are still blind spots that prevent law enforcement from recognizing the exploitation of the most vulnerable people in the their communities. To bridge this disconnect, law enforcement must learn to see abusive and exploitative circumstances through a human trafficking lens, even if those circumstances do not match how movies, television shows, or even well-meaning awareness campaigns portray human trafficking within the United States. The reality of human trafficking is that it most commonly involves an offender who positions themselves as trustworthy and then identifies, recruits, and exploits vulnerable individuals to turn a profit. These same tactics used to identify, recruit,, and coerce victims are also designed to allow the trafficker to escape accountability. However, as Utah’s case against the prolific trafficker Victor Rax illustrates, when law enforcement, prosecutors, and victim service professionals collaborate, human trafficking in all its forms can be identified, offenders can be arrested and charged, and victims can be supported to start rebuilding their lives.Forced Criminality Through the Lens of the Victor Rax Case

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Part III: The Principles of Witness Protection

Join AEquitas for the third of a three-part webinar series that explores the ways in which offenders and their allies intimidate victims and witnesses of crime, the effects of intimidation on the criminal justice system response, and the methods for preventing and responding to witness intimidation. Part III of the series focuses on the principles of witness protection, which include tactical considerations, addressing the trauma to the victim/witness, and supporting lifestyle changes. The presenter discusses the importance of determining whether an imminent and credible threat against the life of a victim/witness exists by utilizing a dynamic screening and threat assessment tool, understanding the impact of trauma on the path to change, and recognizing the signs of trauma in clients, families, staff, and others.

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Law Enforcement and Prosecution Virtual Roundtable: Setting the Stage for Success: Jury Selection for Cases Involving Immigrant Victims of Domestic Violence, Sexual Assault, and Stalking

Having an unbiased jury is essential to any trial. When trying cases involving immigrant victims of domestic or sexual violence, it is imperative that prosecutors develop a strategy to ensure that the jurors selected do not bear any prejudice against the victim and can understand the underlying dynamics of the case. 

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Responding to Ethical Considerations in Sexual Violence Cases

This presentation will address the ethical considerations outlined above in the context of charging decisions, the investigative function of a prosecutor, jury selection, and victims’ rights. The presenters will use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles. The presenters will also explore how social distancing and quarantine measures in response to the COVID-19 pandemic may affect how prosecutors meet their ethical obligations, including when it comes to providing discovery and ensuring victims’ rights are upheld.

At the conclusion of this presentation, participants will be better able to:

  • Identify ethical responsibilities at each stage of the criminal justice process.
  • Navigate ethical challenges related to prosecutorial discretion, recantation, and disclosure of evidence.
  • Approach issues pertaining to charging, social media investigations, jury selection, and victims’ rights within an ethical framework.
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Witness Intimidation Part II: Effective Use of Intimidation Evidence

Part II of the series discusses the identification, documentation, and effective use of evidence of intimidation at trial to hold offenders accountable. The presenter explores how to admit and present evidence to demonstrate the offender’s consciousness of guilt, to explain the absence of a witness, and to introduce an unavailable witness’s statements via the doctrine of forfeiture by wrongdoing.

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Identifying Risk, Managing Trauma, and Assessing Your Legal Rights During This Pandemic: A Panel Discussion

Join us for a panel benefitting AEquitas’ work to improve the quality of justice in sexual and gender-based violence prosecutions.

Join Lisa Kane Brown, Child Advocate and Attorney; Shari Botwin, LCSW, Trauma Therapist and author of Thriving After Trauma; and Kristen Gibbons Feden, Victims’ Rights Advocate and Attorney representing sexual assault survivors as they discuss ways of supporting survivors and overcoming trauma. Moderated by Jennifer Gentile Long, CEO of AEquitas, this panel will include brief presentations followed by a question and answer period.