Framework for Prosecutors to Strengthen Our National Response to Sexual Assault & Domestic Violence Involving Adult Victims

Written by prosecutors for prosecutors, this guide reflects decades of insight and experience prosecuting sexual violence and domestic violence of more than 120 state, Tribal, military, and federal prosecutors as well as advocates, academics, and investigators who have dedicated their careers to combatting sexual assault and domestic violence.DOJ SA-DV Prosecutor Guide may 2024

Commonwealth v. Rogers, 8 EAP 2020, Pennsylvania Supreme Court, Brief of Amici Curiae in Support of the Commonwealth

In this amicus brief, AEquitas, the Women’s Law Project, and 26 additional amici share their expertise in support of a determination that Pennsylvania’s Rape Shield Law does not permit the introduction of evidence of a complainant’s criminal record for prostitution-related offenses. Introducing this evidence would reinforce prejudicial gender and racial biases that would inhibit justice from prevailing and increase the burden of a criminal record on victims of sexual violence and exploitation.Amicus-Curiae-Brief-with-Time-Stamp

United States v. Rahimi, No 22-915, United States Supreme Court, Brief of AEquitas as Amicus Curiae in Support of Petitioner

On February 2, 2023, the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment. On June 30, 2023, the U.S. Supreme Court granted the government’s petition for a writ of certiorari in the case. If upheld, Rahimi will have a significant impact on the assignment and enforcement of domestic violence protection orders across the country.

On August 21, 2023, AEquitas submitted an amicus brief in support of the U.S. government’s appeal of the Fifth Circuit’s decision. The brief underscores the dangers posed by domestic violence offenders, particularly those who have access to firearms; discusses the importance of civil protection order processes to keep victims safe and reduce opportunities for witness intimidation while a criminal prosecution is pending; supports the government’s arguments regarding the ample historical precedent for laws like §922(g)(8); and highlights other constitutional rights that are forfeited in the context of an individual’s wrongdoing.Agriculture’s Growing Problem

The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit

This comprehensive document provides guidance on developing or enhancing intelligence-driven prosecution through a Crime Strategies Unit (CSU), or through processes that accomplish goals similar to those of a CSU. Based in part on interviews with prosecutors, crime analysts, and other specialists in the field, the guide discusses building foundational partnerships, methods for gathering data and intelligence, and ways in which data can inform and support investigations and prosecutions.

 

The Problem-Solving Prosecutor- Modern Variations on the Crime Strategies Unit

Model Policy for Prosecutors and Judges on Imposing, Modifying and Lifting Criminal No Contact Orders

The goals of the criminal justice system in a domestic violence case are to seek justice, protect the victim and the community, hold the offender accountable, prevent and deter future crime, and rehabilitate the abuser. Criminal no-contact orders are an effective tool to help protect victims of domestic violence during the pendency of criminal prosecution. This resource outlines what a no-contact order is, how it is obtained, and the complexities around whether to impose or maintain them when taking the victim’s wishes and safety into account. The authors discuss how to implement processes to gather timely and accurate information about risk and lethality, a particular victim’s wishes and motivations, and possible negative consequences in order to best determine when to impose or maintain a no contact order in the face of a victim’s opposition.

Model Policy for Prosecutors and Judges on Imposing, Modifying and Lifting Criminal No Contact Orders

In God’s Shadow: Unveiling the Hidden World of Domestic Violence Victims in Religious Communities

Domestic violence has been elevated to a global epidemic in recent years. Domestic violence victims of closely knit and observant religious communities face a distinct set of barriers, which affects their ability and willingness to report and to cooperate with law enforcement, as well as their ability to escape the abuse. This article provides a unique window into the hidden world of domestic violence victims in communities of faith and tackles some of the complexities associated with this sensitive issue.

Anonymous Reporting in Sexual Assault Cases

This one-pager is a concise summary of anonymous reporting, also known as “Jane Doe” reporting, which refers to cases in which a forensic medical examination is conducted, evidence is collected, and medical treatment is provided for a sexual assault victim who does not report the crime to law enforcement. The resource outlines how anonymous reporting works, what happens to rape kits in those case, and where to go for more information on DNA testing and anonymous reporting.

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Improving Witness Safety and Preventing Witness Intimidation in the Justice System – Benchmarks for Progress

The pervasive problem of victim/witness intimidation in the criminal justice system requires a strategy for change and firm commitments from leaders and practitioners alike. This resource includes tools for practitioners to use collaboratively within their communities. These tools provide criminal justice leaders with concrete guidance to implement best practices in preventing and responding to witness intimidation. The resource defines the problem, identifies concrete solutions, and outlines a process for assessing and improving witness safety.

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