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From Jail, to Bail, to Sale: Trafficking and the Criminal Justice System

Traffickers target individuals whom they believe they can exploit with impunity – individuals who are accessible, vulnerable, and less likely to report their exploitation to law enforcement. As a result, individuals who have a criminal record, are under court supervision, or are otherwise subject to the authority of the criminal justice system are at higher risk for exploitation. Individuals who also struggle with addiction and substance use disorders are especially vulnerable to coercion. The Department of State’s Trafficking in Persons (TIP) Report has identified “participants in court-ordered substance use diversion programs” as individuals especially vulnerable to sex and labor trafficking, and recent news reports have validated this assertion. Likewise, the U.S. Department of Justice’s 2022 National Strategy to Combat Human Trafficking includes action items aimed at countering common trafficker tactics of manipulating and exploiting individuals with substance use disorders.

This presentation identifies trafficking schemes that involve recruitment from local jails and prisons, as well as from court-sanctioned treatment programs as an alternative to incarceration. The presenters focus on strategies to address victim safety concerns and investigate and prosecute trafficking that intersects with the criminal justice system. Throughout the discussion, the presenters underscore the importance of trauma-informed practices and a multidisciplinary response that includes meaningful access to survivor-led programing and low-barrier services, including appropriate healthcare.

Learning Objectives:
-Identify how traffickers identify, recruit, and coerce victims from jails, prisons, and court-ordered programs.
-Investigate and prosecute human trafficking cases in which victims have intersected with the criminal justice system.
-Collaborate with allied professionals to overcome barriers and provide meaningful access to justice for systems-involved victims.

This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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A Course of Exploitation: The Intersection of Stalking and Sex Trafficking

When offenders engage in a course of conduct that includes sexual exploitation, they perpetrate dangerous and often misidentified and misunderstood crimes, including stalking and sex trafficking. Both crimes are highly contextual in nature and require a nuanced analysis of the relationship between the offender and the victim, as well as the various tactics utilized by abusers to control, intimidate, and traumatize victims with impunity. Stalking behaviors are used to force or coerce individuals to engage in commercial sexual activities or to intimidate and prevent them from engaging with the criminal justice system.

Presenters explore the dynamics of stalking and sex trafficking. They focus on the importance of understanding the context in which both crimes occur and the common tactics used by perpetrators. This presentation provides strategies to improve the identification of these “course of conduct” crimes, increase offender accountability through successful investigations and prosecutions, and minimize further harm to victims and survivors by ensuring they are connected with meaningful services and tools to plan for their safety.

At the end of this presentation, participants will be better able to:
-Recognize the intersections between stalking and sexual exploitation
-Investigate and prosecute crimes of stalking and sexual exploitation
-Connect victims and survivors to meaningful services, including safety planning

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability

Prosecutors seeking justice in crimes of sexual and domestic violence must often balance holding perpetrators accountable and valuing victim autonomy. Many victims are unable to participate in the prosecution for reasons including fear, ongoing trauma, love for or loyalty to the perpetrator, intimidation, financial harm, self-blame, or embarrassment. Reliving the traumatization of their sexual assault or domestic abuse while feeling like they are in the spotlight can be overwhelming and lead to reluctance to participate in the process. When this happens, the pressure to ensure offenders are fully prosecuted may tempt prosecutors to utilize more extreme methods such as material witness warrants or to seek body attachments or bench warrants—without full appreciation of the impact on the victim or a consideration of possible alternatives.

This presentation discusses the obstacles victims face when considering whether to participate in the prosecution of domestic violence or sexual assault and suggests strategies that prosecutors can use to minimize these barriers to facilitate victim participation. Presenters highlight the negative impacts that pre-trial detention and other next-level measures have on victims and on the community. In circumstances when victims are unable to participate, presenters will discuss possible alternatives for the prosecutor and considerations for balancing public safety risks with victim self-determination.

At the conclusion of the presentation, participants will be better able to:
-Identify barriers faced by victims participating in investigations and prosecutions of sexual and domestic violence.
-Develop strategies to support victim participation.
-Balance public safety concerns in holding offenders accountable with victim interests in autonomy and self-determination.
-Employ the least restrictive methods possible to enable victims to testify when next-level measures must be utilized.

 

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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Upstream Violence Prevention: The Role of Extreme Risk Protection Orders in Mitigating Gun Violence

Extreme Risk Protection Orders (ERPOs), also known as Red Flag Laws, are a promising tool of intervention but are relatively unknown to prosecutors across the nation. ERPOs are court orders that temporarily restrict access to firearms for individuals at elevated risk of harming themselves or others. As caseloads swell and rates of violence surge, prosecutors, law enforcement, and advocates can learn about and begin to deploy tools that can help mitigate and prevent future harm upstream— when warning signs first come to light.

This presentation is led by national experts from the Regional Domestic Violence Firearms Enforcement Unit of the King County, Washington Prosecuting Attorney’s Office and the Johns Hopkins Bloomberg School of Public Health. Presenters discuss how criminal justice professionals can utilize ERPOs to restrict firearm access for individuals exhibiting a wide variety of high-risk behaviors. They also explore the efficacy of ERPOS to reduce gun violence.

As a result of this presentation, participants will be better able to:
-Understand the purpose and scope of extreme risk protective orders
-Incorporate extreme risk protective orders into existing protective order practice

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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.