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Foundations of Sexual Violence Prosecutions: Collaboration is Key: Working with Victim Service Professionals

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 discuss the benefits of collaboration with victim service professionals in sexual violence cases. They discuss the questions prosecutors can ask to better understand the roles and responsibilities of victim service professionals in their communities, common tension points, and how collaboration can be strengthened to enhance the case as well as victims’ safety and healing.

At the conclusion of this episode, viewers will be better able to:
– Enhance collaboration with victim service professionals
– Provide survivors with meaningful access to appropriate victim services
– Ethically protect victim privacy

Additional resources related to this episode:
– Presence of Victim Advocate During Sexual Assault Exam: Summary of State Laws
– To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
– Benefits of a Coordinated Community Response to Sexual Violence

 

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: Collaboration is Key: Working with Law Enforcement

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 explain how collaboration with law enforcement and other key stakeholders is key to a victim-centered approach, identifies intersections between prosecutors and law enforcement, and discusses how to turn potential conflicts with law enforcement into opportunities for strengthened collaboration.

At the conclusion of this episode, viewers will be better able to:
– Identify opportunities to enhance collaboration with law enforcement
– Identify and address possible areas of conflict
– Increase victim safety and participation by demonstrating a holistic approach

Additional resources related to this episode:
– Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead, § 3.1-B.1 (Communicate Regularly and Meaningfully With Investigators)
– To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
– Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective

 

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: The Trauma-Informed Prosecutor

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 trauma affects a survivor of sexual violence, including their behaviors, their ability to disclose and recount details of the assault, and their ability to participate in the prosecution of the offender. They also discuss how prosecutors can utilize trauma-informed strategies to establish rapport with victims and to elicit details of the assault, as well as considerations for when victims are ultimately unable to participate in prosecution. 

At the conclusion of this episode, viewers will be better able to:
– Recognize trauma and its effects
– Implement trauma-informed practices to support victim participation
– Conduct trauma-informed interviews and direct examinations

Additional resources related to this episode:
– Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions 
– Enhancing Conviction Integrity through Forensics Webinar — Achieving Justice at Trial: Direct Examination of Victims of Violent Crimes
– Enhancing Conviction Integrity through Forensics Webinar: Advancing Justice: Interviewing and Presenting Testimony of Victims of Violent Crimes

 

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: 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.

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A SANE Approach to Human Trafficking Cases

Sexual Assault Nurse Examiners (SANEs) are invaluable collaborative partners in a prosecutor’s response to human trafficking. Victims of sex and labor trafficking are at risk of serious injury, as well as short- and long-term physical and psychological health consequences, and SANEs provide much-needed medical care to these patients. Trafficking investigations and prosecutions are also enhanced by the addition of SANEs to a multidisciplinary team. SANEs document injury, collect evidence, and provide critical insight into medical issues and survivor responses to trauma that can educate criminal justice practitioners and jurors alike.

Co-presented by SANE and prosecutor subject-matter experts, this presentation demonstrates the value of collaboration in trafficking cases. The SANE explains the health risks associated with sex and labor trafficking, the content of a medical forensic examination, and documentation of victim statements and demeanor. The prosecutor provides strategies to improve the investigation and prosecution of trafficking cases by using SANEs as fact and expert witnesses and litigating the admissibility of victim statements under the medical hearsay exception.

At the conclusion of this presentation, participants will be better able to:
-Enhance prosecutions by ensuring that victims of sex and labor trafficking are provided meaningful access to health care and injuries and medical history are documented
-Articulate the role of the SANE in providing medical-forensic exams
-Present medical evidence and expert testimony at trial

 

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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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.

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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.

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Justice Systems from a Child’s Perspective: Supporting Young Trafficking Survivors

This webinar highlights the Center for Court Innovation’s (CCI) Child Witness Materials Development Project, an initiative funded by the Office for Victims of Crime (OVC) and a partner project of AEquitas. In 2021, OVC published a package of support materials for child victims and witnesses of crime that CCI had created, and in January 2022, OVC published an additional package of interactive support materials specifically for youth who have experienced human trafficking. A multidisciplinary group of national trafficking experts with professional and and lived experience contributed to the design and development of these materials.

In this webinar, participants learn more about how young trafficking survivors experience the justice system, and how they can address youth’s needs and provide developmentally-appropriate information and emotional support. Participants learn how to effectively use the Child Witness materials in their roles so youth feel more informed and empowered as they navigate their own healing process in addition to navigating the system.

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The Perfect Plan: How Victor Rax Sexually Abused and Trafficked Boys in Salt Lake City

While awareness of human trafficking is on the rise, there are still blind spots that prevent law enforcement from recognizing all forms of exploitation.  Men, boys, and victims of labor trafficking through forced criminality are often overlooked because they do not fit the typical depiction of a human trafficking victim.   However, in the case of Victor Rax, Utah’s Attorney General’s Office was able to identify dozens of boys and young men from immigrant communities who were forced to sell drugs after being sexually, spiritually, and physically abused. 

The presenters use the Rax case as a backdrop to discuss the realities of labor trafficking through forced criminality, including how traffickers use grooming tactics common in both child sexual abuse cases and in gang culture to recruit and coerce victims to commit crimes.  Strategies to better identify and respond to cases of forced criminality are discussed through a detailed examination of the Rax investigation which led to his eventual arrest for sexual abuse and labor trafficking. 

At the end of this presentation, participants will be better able to:
-Recognize and describe methods traffickers use to identify, recruit, and coerce victims of labor trafficking via forced criminality
-Conduct trauma-informed investigations and prosecutions in cases where male victims have been abused and exploited to effectively hold offenders accountable
-Collaborate to provide support to and connect male victims of forced criminality/human trafficking with meaningful services

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Maximizing Justice, Minimizing Harm: The Prosecutors’ Role in Achieving Survivor-Centered Justice

Prosecutors are leaders, serving their communities by protecting victims and holding offenders accountable. Prosecutors wield wide powers of discretion and therefore are tasked with being gatekeepers to, and from, the criminal justice system. When communities develop responses to human trafficking cases, prosecutors are uniquely positioned to guide policies and practices, including how victims and survivors are treated when they interact with the criminal justice system. Beyond the traditional role in the courtroom, prosecutors can also shape community responses by convening members of the community, educating the public, and prioritizing operations aimed at identifying and serving the most vulnerable individuals in our communities.

This presentation focuses on how prosecutors can collaborate with others to better serve their communities by holding traffickers accountable and protecting victims and survivors in meaningful ways. The presenters provide strategies to leverage the prosecutor’s leadership role to positively influence how investigations are initiated, conducted, and charged. Additionally, the prosecutor’s overlapping ethical obligations are discussed, focused on the duty to achieve justice over convictions and to proactively remedy wrongful convictions.

Learning Objectives:
– Leverage leadership role to promote trauma-informed, victim-centered policies and practices
– Collaborate with traditional and non-traditional partners to hold offenders accountable
– Partner with victim service professionals to ensure that survivors of sex and labor trafficking have meaningful access to appropriate services