Posted on

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.

Posted on

Bringing Offenders into Focus: Prosecuting Image Exploitation

Image exploitation involves the nonconsensual creation, possession, or distribution of an image or images depicting victims nude, semi-nude, engaged in consensual sexual activity, or being sexually assaulted. It exposes victims to immeasurable trauma of essentially infinite duration, permanently invading their autonomy and security. As technology continues to evolve more quickly than the law, investigators and prosecutors must be prepared to address image exploitation crimes by collaborating on digital investigations; leveraging existing, if imperfect, statutes; and combating victim-blaming attitudes. 

This presentation explores the various forms of image exploitation and the types of statutes under which this abuse can be prosecuted. The presenter provides strategies to introduce relevant digital evidence while ethically safeguarding victim privacy. Resources are also be provided to support victims who would like to explore non-criminal avenues of achieving justice. 

At the conclusion of this presentation, participants will be better able to:
-Identify crimes of image exploitation and available statutes that may be used to prosecute offenders.
-Make charging decisions that hold offenders accountable for the full extent of their criminal behavior.
-Combat victim-blaming attitudes and articulate the harm caused by offenders who commit crimes of image exploitation.

Posted on

Not Just a Credibility Contest: Sexual Violence Prosecutions That Go Beyond “Offender Said, Victim Said”

Sexual violence cases are often mistakenly reduced to a contest of credibility between the victim’s disclosure and the offender’s denial. Even though jurisdictions do not require corroboration of the victim’s testimony at trial, jurors may find it difficult to convict a defendant absent additional evidence. While crimes of sexual violence typically do not occur in front of other individuals, there are always witnesses and evidence to corroborate what happened before, during, and after the assault. By presenting the full scope of admissible evidence, prosecutors will increase the likelihood of success at trial while reducing the burden on victims.

This presentation addresses strategies and tactics to understand and explain victim disclosures through a trauma-informed lens; utilize victim behavior experts to educate fact-finders about the range of victim responses to sexual violence; and examine offender characteristics, motivations, and behaviors, as well as the impact of the offender’s actions on the victim. The presenter suggests strategies for overcoming common misconceptions at trial, including establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime for the jury.

At the conclusion of this presentation, participants will be better able to:
-Maintain focus on the offender.
-Support victim and witness credibility with corroborating evidence.
-Develop and present expert testimony to explain victim behavior. -Recreate the reality of the crime at trial.

Posted on

Self-Collected Sexual Assault Kits: Assessing and Mitigating the Risks

This article focuses on self-collected sexual assault kits—sometimes known as “do-it-yourself” or “DIY” kits— that are self-administered post-assault and involve the collection and preservation of evidence from the body in a non-medical setting. It examines the rationale behind self-collected kits for victims of sexual violence who state that they want to address their trauma outside the healthcare and criminal justice systems; the challenges self-collected kits present for prosecutors; and the limitations of self-collected kits to provide critical victim care, treatment, and support traditionally provided through the sexual assault medical forensic exam (SAMFE) process. The authors discuss the available alternatives for those circumstances in which self-collected kits may be perceived to be the best available option. Finally, where self-collected kits have been used, the authors offer strategies to mitigate the evidentiary, advocacy, and legal challenges they present. SIB38_Jan22

Posted on

Coercive ‘Love’: The Intersection between Intimate Partner Violence and Human Trafficking

Human traffickers control their victims through force, fraud, and coercion. In the case of intimate partner sex trafficking, these methods of control are uniquely manipulative and difficult to identify. Understanding the historical and circumstantial factors that lead to vulnerabilities exploited by traffickers in these relationships allows law enforcement and prosecutors to more successfully address and minimize harm to victims while effectively investigating and prosecuting human trafficking cases.

This presentation describes how, in addition to violence and threats, traffickers exploit feelings of love and loyalty to maintain power over their victims and perpetrate sex trafficking and related crimes. The presenters discuss the importance of identifying victims of intimate partner human trafficking to ensure victim safety and provide access to services and support, while at the same time articulating offender conduct to ensure they are held accountable for their actions.

Posted on

First, Do No Harm: Facilitating a Trauma-Informed Response

Trauma is a direct result of the abuse and exploitation that offenders inflict on victims of intimate partner violence and sexual assault. This acute trauma, often compounded with historical trauma, impacts survivor’s ability to fully participate in the criminal justice process. As a result, a collaborative, trauma-informed response that takes historical context into consideration is essential to ensuring survivor access to justice while improving community safety.

This presentation describes various forms of trauma that victims may experience throughout their lives and as a result of an offender’s victimization. Presenters define cultural humility as a key element of a successful trauma-informed response that improves our individual, collective, and systematic responses to survivors. Additionally, the presenters provide strategies to identify, document, and introduce evidence of trauma to improve case outcomes and community safety by holding offenders accountable.

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

• Identify signs and symptoms of trauma, and implement trauma-informed practices

• Enhance victim safety, privacy, autonomy, and participation through collaboration with allied professionals

• Practice cultural humility while preparing cases to proceed, regardless of a victim’s ability to participate in the process

Posted on

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. 

Posted on

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.
Posted on

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.