This resource is a compilation of statutes that address the polygraph testing of sexual assault victims at the federal level and for all 50 states and U.S. territories.
John Doe Arrest Warrants
This compilation outlines statutes on John Doe arrest warrants and DNA tolling at the federal level and for all 50 states.
Forfeiture by Wrongdoing
This resource contains a statutory compilation and case law digest, including a summary of the foundational doctrine underlying forfeiture by wrongdoing. It also contains relevant federal case law.
Expert Testimony on Victim Behavior
This case law digest includes a country-wide survey of judicial opinions on the admissibility of expert testimony on victim behavior in cases of sexual and intimate partner violence and child sexual abuse.
Summary of Laws & Guidelines – Payment of Sexual Assault Forensic Examinations
Victims of sexual assault often undergo a Sexual Assault Forensic Examination (SAFE) following an assault and may also receive additional medical treatment for physical and emotional injuries. The majority of states provide for partial or complete payment for a victim’s examination costs. This resource is a summary of the statutes and guidelines related to payment for forensic examinations. The research compiled includes: which agency pays, the specific criteria for payment, what services are included and not included in payment schemes, other authorization or eligibility requirements, disqualifying factors, payment methods, whether the state requires restitution from a guilty defendant, and the existence of evidence retention laws related to sexual assault kits (SAKs).
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Anonymous Reporting in Sexual Assault Cases
This one-pager is a concise summary of anonymous reporting, also known as “Jane Doe” reporting, which refers to cases in which a forensic medical examination is conducted, evidence is collected, and medical treatment is provided for a sexual assault victim who does not report the crime to law enforcement. The resource outlines how anonymous reporting works, what happens to rape kits in those case, and where to go for more information on DNA testing and anonymous reporting.
Justice for Victims Behind Bars: Improving the Response to Cases of Sexual Abuse in Confinement
The passage of the Prison Rape Elimination Act (PREA) in 2003 created not only a requirement that jurisdictions prevent and respond to incidents of sexual abuse in confinement, but firmly planted sexual abuse in confinement on the list of critical issues for criminal justice system officials across the country. This resource gives an overview of the PREA standards and outlines what an appropriate response to cases of sexual abuse in confinement requires. Professionals require relevant information on the PREA Standards, an understanding of the dynamics of sexual abuse (particularly those dynamics specific to abuse in the confinement setting), and collaboration among the professionals in the jurisdiction. The criminal justice system should consider victims’ safety, privacy, and well-being throughout the process, while ensuring they have access to information and services. Such a response keeps the focus on the actions, behaviors, characteristics, and intent of the abuser.
Justice for Victims Behind Bars Improving the Response to Cases of Sexual Abuse in Confinement
Commonwealth v. Olivo, No. 127 MAP 2014, Pennsylvania Supreme Court, Brief of Amicus Curiae
In 2015, the Pennsylvania Supreme Court decided Commonwealth v. Olivo, upholding, against state constitutional attack, the new Pennsylvania evidentiary statute permitting expert testimony to explain victim behavior in the prosecution of crimes of sexual violence. Previously, the courts of Pennsylvania had steadfastly resisted admission of such testimony, despite the widespread acceptance of such evidence by other courts across the country. The Pennsylvania Coalition Against Rape submitted this amicus curiae brief, with contributions by AEquitas Attorney Advisor Teresa M. Garvey, in support of the statute’s constitutionality. The brief highlights the value of expert testimony to explain victim behavior so that jurors do not base their credibility assessments on myths and misconceptions.
To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior
On March 24, 2011 the Minnesota Supreme Court decided to permit expert testimony to explain common victim behavior in adult sexual assault cases. This article outlines the facts and the impact of the case. The author concludes that the prosecutors in the case executed a successful strategy that can serve as a template for how to introduce expert testimony in trials before courts that are hesitant or even hostile to the idea of admitting it.
