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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.
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Overcoming the Consent Defense: Prosecuting Known Offenders

This presentation will address the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation will examine offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including the importance of 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 at trial.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 2 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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Witness Intimidation Part II: Effective Use of Intimidation Evidence

Part II of the series discusses the identification, documentation, and effective use of evidence of intimidation at trial to hold offenders accountable. The presenter explores how to admit and present evidence to demonstrate the offender’s consciousness of guilt, to explain the absence of a witness, and to introduce an unavailable witness’s statements via the doctrine of forfeiture by wrongdoing.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 1 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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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.

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Justice in the Time of COVID-19: Strategic Responses

Social distancing and quarantine measures in response to the COVID-19 pandemic have affected all aspects of our society, including the judicial system. While these public health measures are necessary to keep our communities safe and healthy, court closures and subsequent delays in case processing, as well as other social distancing measures, will require criminal justice professionals to adapt in order to continue holding offenders accountable while protecting their rights; meeting victim/witness needs; and maintaining public safety.

This panel discussion, featuring Nancy O’Malley, District Attorney of Alameda County, CA; Ed McCann, First Assistant District Attorney of Montgomery County, PA; and Sherry Boston, District Attorney of DeKalb County, GA, as well as AEquitas Attorney Advisors, will provide practical perspectives to help guide prosecutors and other criminal justice system actors through the broad scope of issues raised by COVID-19; current responses from prosecutor’s offices around the country; and logistical and legal strategies for ensuring justice while social distancing measures remain in place. Topics will include (but aren’t limited to) implications on constitutional and statutory rights; challenges in processing, collecting, and testing crucial evidence; jail overcrowding and requests for bail; and the continuity of victim/witness services.