Truth-Detection Devices and Victims of Sexual Violence: A Shortcut to Injustice

An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.

Reaching a Verdict: Guiding the Jury’s Response to the Evidence

After being thrust into an unfamiliar role in a complex system that is often equally unfamiliar, jurors in sexual assault cases face the daunting task of reaching a just verdict for a crime that is shrouded in misconceptions. In this foreign terrain, prosecutors serve as a trusted guide—pointing out familiar landmarks of personal experience and presenting witnesses and other evidence in a manner that makes them both understandable and relatable. By assisting jurors in forming personal connections to the evidence, the prosecutor can remove obstacles that might otherwise block the jury’s path to a just finding of guilt. 

This presentation will discuss ways to focus the jury’s attention on the evidence in a manner that accurately conveys the reality of sexual assault and assists jurors in rendering a fair and just verdict—beginning with jury selection and continuing through opening statement, presentation of evidence, and summation.  

Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.

CLE Credits
This one-hour webinar recording should qualify prosecutors for one (1.0) hour of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

2018 SAKI TTA East Coast Regional Training: Strengthening Your Multidisciplinary Response to Sexual Assault

AEquitas Attorney Advisor Jonathan Kurland presented “Creating a Comprehensive Victim-Centered Prosecution Strategy,” “Establishing Successful Procedures: CODIS Hit Prioritization, No CODIS Hit, Maintaining Engagement” and “Consent Cases: Challenges and Overcoming Them” on behalf of RTI International in Research Triangle Park, North Carolina to an audience of dual sexual assault/domestic violence program staff, lab analysts, law enforcement officers, and prosecutors.

Strategies for Sexual Assault Prosecution

AEquitas Attorney Advisor Patti Powers presented “Jury Selection,” “Alcohol-Facilitated Sexual Assault” and “Measuring Success” on behalf of the New Mexico Coalition of Sexual Assault Programs (NMCSAP) in Santa Fe, New Mexico to an audience of attorney’s/law students, child advocates, educators, prosecutors, sexual assault program staff, and tribal community groups.