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Introducing Expert Testimony in Sexual Violence Cases

Experienced professionals familiar with the dynamics of sexual violence understand that victims have individual responses to trauma that are often counterintuitive to public expectations. Without the benefit of a proper explanation, however, jurors may wrongly interpret a victim’s actions during and after an assault as reasons not to believe the victim’s testimony. Expert testimony to explain victim behavior is often the best way to dispel myths and educate the jury to make an informed decision based on a view of the evidence within an accurate context. This webinar describes the impact of trauma on victims, including cognitive and behavioral reactions, and discusses the effect of common victim behaviors on factfinders’ assessments of victim credibility. It discusses the law related to the prosecution’s introduction of expert testimony on victim behavior, how to identify experts qualified to testify on this subject, and what the parameters of such testimony should be.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Integrating a Trauma-Informed Response

Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Higher Education: Dispelling Myths to More Effectively Prosecute Campus Rape

Research shows the vast majority of sex offenders are non-stranger rapists and serial offenders. These offenders are often overlooked because they benefit from the common misconceptions and false expectations about a rapist’s relationship to their victim and the frequency of their offending. To more effectively identify, investigate, and prosecute non-stranger rapists on campus, prosecutors must overcome common myths and misconceptions about sexual violence, especially if judges and juries believe them. This webinar provides a comprehensive overview of sex offenders with an emphasis on non-stranger rapists and focuses on strategies for overcoming the unique challenges these offenders present on campus.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Ethical Considerations for Prosecutors in Sexual Violence Cases

Ensuring victim privacy and achieving justice in sexual violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. In addition to complex victim privacy issues, sexual violence cases present unique ethical challenges related to prosecutorial discretion, recantation, and disclosure of evidence. This webinar addresses these ethical considerations as well as charging decisions, immunity, the investigate function of a prosecutor, and trial publicity. The presenters use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Challenges Multiplied: Multi-Defendant Rape and Witnessed Rape

Multiple-offender and witnessed rape cases are becoming more prevalent and more complex due to the use of technology – particularly social media – to threaten and intimidate both victims and witnesses. The challenges to prosecution require innovative solutions to achieve justice while protecting victim privacy and witness safety.This webinar addresses issues that commonly arise in these cases, including: digital evidence; joinder and severance, immunity; principals and accessories; admissibility of evidence; witness intimidation; and common defenses.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective

Over the past decade, law enforcement’s use of body-worn cameras (BWCs) has significantly increased. While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This webinar discusses many of the issues law enforcement, prosecutors, forensic examiners, and other allied professionals must consider when BWCs are used in GBV investigations. The presenter 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 presenter also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, and protective orders limiting dissemination; and requests under freedom of information or open records statutes.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

Please note: The audio recording had a few technical glitches. There are a few brief gaps where the training paused in order to reconnect. Please excuse these disruptions.

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Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions

Prosecutorial effectiveness is commonly measured by conviction rates, largely because they are readily available. But, are conviction rates an accurate measure of success? Experienced prosecutors know they won’t win every case. In fact, some would argue that if you aren’t losing any cases, you aren’t trying the right ones. This presentation discusses promising sexual assault prosecution strategies as well as measuring effectiveness in a way that does not rely solely upon conviction rates. The presenters discuss other, more meaningful performance measures, and describe how they can be used to more accurately measure and sustain effective prosecution practices.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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The Prosecutors’ Resource on Forfeiture by Wrongdoing

Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.

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The Prosecutors’ Resource on Sexual Abuse in Confinement

Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This resource provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, pretrial, jury selection, trial testimony and sentencing.

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Office on Violence Against Women Campus Training and Technical Institute 2018

SPARC Director Jennifer Landhuis presented “Use of Social Media in Gender Based Violence” with Rebecca Dreke and “Know More, Do More: Addressing Stalking on College Campuses” in Fort Worth, Texas for an audience of campus judiciary board members, community advocacy organization staff, law enforcement officers, mental health professionals, and university student affairs staff.