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Foundations of Sexual Violence Prosecutions: Moving Towards Justice

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor John Wilkinson discuss how motions practice can enhance individual sexual violence prosecutions while also advancing important legal issues. They discuss how to argue for the admission of “other bad acts” evidence and expert testimony, strategies for opposing defense’s improper discovery requests and motions to pierce the rape shield, and methods for educating judges on novel issues.

At the conclusion of this episode, viewers will be better able to:
– Analyze cases to determine issues suitable for pretrial motion practice
– Brief judges on novel legal and factual issues
– Litigate discovery and evidentiary motions to promote victim safety and privacy

Additional resources related to this episode:
– Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors
– The Prosecutors’ Resource on Forfeiture by Wrongdoing
– It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

 

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.

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Foundations of Sexual Violence Prosecutions: Recreating the Reality of the Crime

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Patti Powers discuss how prosecutors can present evidence at trial to recreate the crime for jurors through the lens of the victim’s experience. They discuss techniques to bring evidence to life throughout various phases of trial, including jury selection, direct examination of the victim, expert testimony, and closing arguments.

At the conclusion of this episode, viewers will be better able to:
– Guide the jury’s response to evidence, from jury selection through closing argument
– Recreate the reality of the crime in direct examination of the victim
– Offer expert testimony to provide clarity and context for the victim’s response to trauma

Additional resources related to this episode:
– Achieving Justice at Trial: Direct Examination of Victims of Violent Crimes
– Advancing Justice: Interviewing and Presenting Testimony of Victims of Violent Crimes
– Model Response to Sexual Violence for Prosecutors (RSVP Model): An Invitation to Lead, § 3.3 — Try the Case

 

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.

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Foundations of Sexual Violence Prosecutions: Seeking Justice with DNA

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Patti Powers explore how DNA evidence can enhance sexual violence investigations and prosecutions, including cases in which the offender is known. They discuss how DNA can uncover serial and cross-over offenders, advanced technologies in the field of DNA forensics, and how to admit DNA evidence and expert testimony at trial.

At the conclusion of this episode, viewers will be better able to:
– Describe how DNA evidence can illustrate the dangerousness of offenders
– Admit expert testimony to present DNA evidence and educate the jury
– Link the offender to the victim and crime scene through DNA evidence

Additional resources related to this episode:
– DNA 101 – Mixtures, Statistics, and Methodologies: Science and Application to Investigation and Prosecution
– DNA Testing, Workflow, Collaboration, and Options
– Advancing Justice with Case Review and Informed Strategies for DNA Testing

 

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.

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Foundations of Sexual Violence Prosecutions: Capturing the Totality of the Sexually-Violent Offender

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jenn Dolle discuss crimes that commonly co-occur with sexual violence. They also discuss how prosecutors can assess cases to make approach charging decisions and how additional charges may enhance offender accountability as well as the safety of victims and communities.

At the conclusion of this episode, viewers will be better able to:
– Recognize that crimes of sexual violence commonly co-occur with other offenses
– Evaluate evidence and case dynamics to make appropriate charging decisions
– Ensure offenders are prosecuted for the full scope of their criminal activity

Additional resources related to this episode:
– Responding to Stalking: A Prosecutor’s Guide to Stalking
– Just Exits Initiative
– Prosecuting Image Exploitation
– The Prosecutors’ Resource on Witness Intimidation

 

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.

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Foundations of Sexual Violence Prosecutions: Alcohol-Facilitated Sexual Assault

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jonathan Kurland explore how to analyze and prosecute cases of alcohol-facilitated sexual assault. They discuss how toxicology experts can provide invaluable insight into the nature of the assault, corroborate and explain other evidence, and help prosecutors combat common defenses at trial.

At the conclusion of this episode, viewers will be better able to:
– Work with experts to explain the measurement and analysis of intoxicating substances and prescription medications present in a person’s body or to explain their absence
– Recognize offender premeditation and predatory conduct regarding alcohol
– Collaborate with allied professionals to build a victim-centered response that incorporates offender-focused strategies

Additional resources related to this episode:
– Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Parts 1 and 2 (webinars)
– Alcohol-Facilitated Sexual Assault: A Survey of the Law (article)
– Prosecuting Alcohol Facilitated Sexual Assault (publication)
– Alcohol Toxicology for Prosecutors (publication)

 

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.

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Foundations of Sexual Violence Prosecutions: 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 sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor John Wilkinson discuss the importance of building trust and rapport with victims of sexual violence and how this process can improve both case outcomes and victims’ sense of justice. They also discuss important conversations prosecutors should have with victims, strategies for overcoming challenges to building trust, and what to do if trust-building strategies do not initially work.

At the conclusion of this episode, viewers will be better able to:
– Assess victim needs and provide meaningful access to appropriate services
– Communicate effectively with victims at all stages of a case
– Improve victim disclosures

Additional resources related to this episode:
– First, Do No Harm: Facilitating a Trauma-Informed Response
– Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions
– First, Do No Harm: Trauma-Informed Interviewing During the COVID Pandemic

 

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.

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Foundations of Sexual Violence Prosecutions: 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 sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jonathan Kurland discuss the benefits of collaboration with victim service professionals in sexual violence cases. They discuss the questions prosecutors can ask to better understand the roles and responsibilities of victim service professionals in their communities, common tension points, and how collaboration can be strengthened to enhance the case as well as victims’ safety and healing.

At the conclusion of this episode, viewers will be better able to:
– Enhance collaboration with victim service professionals
– Provide survivors with meaningful access to appropriate victim services
– Ethically protect victim privacy

Additional resources related to this episode:
– Presence of Victim Advocate During Sexual Assault Exam: Summary of State Laws
– To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
– Benefits of a Coordinated Community Response to Sexual Violence

 

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.

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Foundations of Sexual Violence Prosecutions: 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 sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor John Wilkinson explain how collaboration with law enforcement and other key stakeholders is key to a victim-centered approach, identifies intersections between prosecutors and law enforcement, and discusses how to turn potential conflicts with law enforcement into opportunities for strengthened collaboration.

At the conclusion of this episode, viewers will be better able to:
– Identify opportunities to enhance collaboration with law enforcement
– Identify and address possible areas of conflict
– Increase victim safety and participation by demonstrating a holistic approach

Additional resources related to this episode:
– Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead, § 3.1-B.1 (Communicate Regularly and Meaningfully With Investigators)
– To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
– Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective

 

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.

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Foundations of Sexual Violence Prosecutions: The Trauma-Informed Prosecutor

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Patti Powers explore how trauma affects a survivor of sexual violence, including their behaviors, their ability to disclose and recount details of the assault, and their ability to participate in the prosecution of the offender. They also discuss how prosecutors can utilize trauma-informed strategies to establish rapport with victims and to elicit details of the assault, as well as considerations for when victims are ultimately unable to participate in prosecution. 

At the conclusion of this episode, viewers will be better able to:
– Recognize trauma and its effects
– Implement trauma-informed practices to support victim participation
– Conduct trauma-informed interviews and direct examinations

Additional resources related to this episode:
– Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions 
– Enhancing Conviction Integrity through Forensics Webinar — Achieving Justice at Trial: Direct Examination of Victims of Violent Crimes
– Enhancing Conviction Integrity through Forensics Webinar: Advancing Justice: Interviewing and Presenting Testimony of Victims of Violent Crimes

 

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.

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Foundations of Sexual Violence Prosecutions: The Perfect Plan: Accessibility, Vulnerability, and Perceived Lack of Credibility

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence. 

In this episode, Jane and Attorney Advisor Jonathan Kurland explore how offenders target, access, and assault their victims, as well as how they use victims’ vulnerabilities to escape accountability. They also discuss how prosecutors can reframe the narrative at trial to maximize accountability for offenders and seek justice for victims.

At the conclusion of this episode, viewers will be better able to:
– Identify and collect evidence of the offender’s predatory behavior
– Develop an offender-focused theme and theory
– Recreate the reality of the crime at trial

Additional resources related to this episode:
– Model Response to Sexual Violence for Prosecutors (RSVP Model)
–Overcoming the Consent Defense: Prosecuting Known Offenders
–The Prosecutors’ Resource on Sexual Violence Cases Involving Victims with Intellectual Disabilities

 

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.