AEquitas - Champions for Justice

August 19, 2024

Understanding the Supreme Court’s Decision in United States v. Rahimi

United States v. Rahimi became a widely followed case in the 2024 Supreme Court docket after the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment.

This decision reverberated across the country, and in the wake of the Fifth Circuit decision, the Supreme Court took a writ of Certiorari to resolve the conflict. Ultimately, on June 21, 2024, the Supreme Court overturned the Fifth Circuit and upheld the constitutionality of 18 U.S.C. § 922(g)(8). This Strategies in Brief newsletter unpacks the holding of the Supreme Court, and provides guidance to prosecutors moving forward on applying this ruling to their work.

This project was supported by Grant No. 15JOVW-22-GK-03987-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.RahimiDecision_FINAL

May 16, 2024

Prosecutor Guide to Jury Selection in Cases with LGBTQ+ Victims of Domestic Violence, Sexual Assault, and Stalking

A prosecutor’s first opportunity to combat potential bias during a criminal trial is jury selection. Jury selection, also known as voir dire, provides an opportunity to address bias, correct misconceptions, and strive for fairness in the process. Jury selection is also an opportunity to educate the panel about the crime and parties, to obtain promises to follow instructions on the law, and to plant seeds about the concepts of fairness and justice in the context of the current case. For cases involving LGBTQ+ victims, a comprehensive voir dire strategy is key to ensuring that anti-LGBTQ+ bias does not determine the outcome of the trial.

This Guide, developed in partnership with AEquitas and the American Bar Association, is designed to support prosecutors in drafting jury selection questions and related motions in limine to help address anti-LGBTQ+ bias among potential jurors.

This project was supported by Grant No. 15JOVW-21-GK-02238-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Prosecutor Guide to Jury Selection (OVW Approved)

November 2, 2023

Beyond Language Access: Confronting Bias & Implementing Strategies to Ensure Justice in the Prosecution of Sexual Violence, Domestic Violence, Stalking, and Human Trafficking Involving Survivors from Latine Communities

This web-based panel explores the ways in which bias against victims from Latine communities affects the investigation and prosecution of sexual assault, domestic violence, stalking, and human trafficking. Panelists address the following topics:

-Effects of inequalities and challenges that Latine communites uniquely face as victims of sexual assault, domestic violence, stalking, and human trafficking;
-Barriers to reporting crimes, such as bias and stereotypes held by law enforcement, prosecutors, judges, and jurors that can translate into disparate outcomes for victims through unfair credibility determinations;
-Impact of bias on endangering accurate assessments of the probability of conviction in cases, and collateral consequences on a victim’s ability to seek restoration;
-Necessary commitments offices must make to eradicate implicit bias among its staff and enhance recruitment, mentorship, and support opportunities for individuals who are Latine; and
-Strategies for prosecutors’ offices to enhance justice for victims by engaging in cultural humility, promoting criminal record relief, improving training, and ensuring accountability reinforced by data.

August 29, 2023

Commonwealth v. Rogers, 8 EAP 2020, Pennsylvania Supreme Court, Brief of Amici Curiae in Support of the Commonwealth

In this amicus brief, AEquitas, the Women’s Law Project, and 26 additional amici share their expertise in support of a determination that Pennsylvania’s Rape Shield Law does not permit the introduction of evidence of a complainant’s criminal record for prostitution-related offenses. Introducing this evidence would reinforce prejudicial gender and racial biases that would inhibit justice from prevailing and increase the burden of a criminal record on victims of sexual violence and exploitation.Amicus-Curiae-Brief-with-Time-Stamp

August 28, 2023

Shielding the Victim: Litigating Rape Shield Motions

Rape shield laws provide prosecutors with a powerful tool to counter defense attempts to introduce irrelevant and highly prejudicial evidence of a victim’s sexual history at trial. First codified into law in 1974 in the state of Michigan, rape shield provisions now exist in every jurisdiction in the United States. They seek to eliminate the influence of an archaic and dangerous body of law that protected only the chaste, perpetuated overly broad notions of consent, and left victims without justice. All rape shield laws require exclusion of the victim’s prior sexual conduct unless the evidence falls within a specified exception. However, these laws have not stopped defense attempts to stretch the limits of codified exceptions in order to admit evidence of the victim’s sexual behavior. Marginalized communities, in particular, have been negatively affected by rulings under these laws. Prosecutors must be vigilant in their efforts to safeguard victims’ privacy to ensure they are not humiliated, silenced, and blamed for their own assaults.

This presentation discusses the history and foundation of rape shield laws, identifies and discusses the most frequent areas of appellate litigation, and provides prosecutors with the tools to effectively litigate rape shield motions. Presenters also discuss trial strategies to employ if efforts to preclude information about a victim’s prior sexual conduct are unsuccessful.

As a result of this presentation, participants will be able to:
-Litigate rape shield motions to protect victim privacy
-Prosecute cases using an offender-focused approach
-Employ strategies to mitigate harm to the victim and the case when evidence of victim’s prior sexual conduct is admitted

April 13, 2023

When and How: Admitting Expert Testimony on Victim Behavior in Sexual Assault Cases in Pennsylvania

On June 29, 2012, Pennsylvania shed its distinction of being the only state in which expert testimony to explain victim behavior in sexual assault cases was inadmissible by enacting Section 5920 of the Judicial Code, “Expert testimony in certain criminal proceedings.” The law, which became effective on August 28, 2012, is a critical tool for prosecutors seeking to provide a context for understanding sexual assault and sexual assault victims, as well as to counter entrenched myths and misperceptions about sexual assault and sexual assault victims. This article explains the prevalence of sexual violence myths among the public, how expert testimony on sexual assault victims’ behavior can help dispel these myths, and strategies for introducing such testimony at trial.AEquitas_When-and-How-Admitting-Expert-Testimony-on-Victim-Behavior-in-PA-Issue-18_5-2013

January 19, 2023February 17, 2023

“Next-Level” Compulsion of Victim Testimony in Crimes of Sexual and Intimate Partner Violence: Prosecutorial Considerations Before Using Bench Warrants/Body Attachments and Material Witness Warrants

This article examines the considerations that should be weighed in deciding whether to employ next-level measures, such as material witness warrants and body attachments, to compel victim testimony in sexual and intimate partner violence cases. While prosecutors have a great deal of discretion in deciding whether to use compulsive measures beyond issuance of a subpoena, the decision to resort to such measures should be made with great care and with an awareness of the potential consequences, as well as consideration of possible alternatives.

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

Next-Level Compulsion of Victim Testimony

January 19, 2023February 17, 2023

Guiding and Supporting the Victim’s Choices Regarding Participation in the Prosecution of Sexual and Intimate Partner Violence

The criminal justice process can expose survivors of sexual and intimate partner violence to unique re-traumatization. While multidisciplinary response efforts employing victim-centered and trauma-informed practices have greatly facilitated the reporting and engagement of survivors of sexual and intimate partner violence, the process itself remains daunting. Some survivors ultimately decline to participate, avoiding service of process or refusing to appear under subpoena. This article explores strategies that will assist advocates and allied professionals in guiding and supporting victims throughout the criminal justice process in ways that will help to ensure that their choices about participation are fully informed and that their interests are protected and advanced at all stages in the process.

Guiding and Supporting the Victim’s Choices

December 8, 2022December 14, 2022

Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

Despite the volume of research and literature addressing sexual abuse perpetrated against a child by a family member, individuals inside and outside of the criminal justice system continue to misperceive common dynamics, misunderstand victim behavior, and minimize offender dangerousness. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders’ grooming tactics or misperceive common victim reactions to abuse as evidence of the victim’s lack of credibility. Prosecutors handling these cases face unique challenges. This article contains ten strategies that will help prosecutors prepare and litigate cases of sexual abuse perpetrated against a child by a family member.

Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

December 8, 2022December 14, 2022

Seeking Justice Through Sexual Violence Prosecutions

This article explains the problems that have arisen as a result of overreliance on conviction rates in cases of sexual violence. It identifies the core principles that should inform a model response to these crimes to further the goals of justice — i.e., offender accountability, victim well-being, and community safety. Finally, it discusses how prosecutors can broaden definitions of “success” in the prosecution of sexual violence, and how they can measure their current response as well as efforts toward improvement.

Seeking Justice Through Sexual Violence Prosecutions