Responding to Ethical Considerations in Intimate Partner and Sexual Violence Cases
Apr 21, 2026
Learn how to navigate the complex ethical considerations of intimate partner and sexual violence cases, which include issues of prosecutorial discretion, the investigative function of a prosecutor, disclosure of evidence, witness intimidation, recantation, and compulsion of victim testimony.
Resource type
Webinars
Author(s)
Jon Kurland (Senior Attorney Advisor, AEquitas)
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A prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. . . . It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one” (Berger v. United States, 295 U.S. 78, 88 (1935)). Achieving justice in intimate partner violence and sexual violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. Intimate partner and sexual violence cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence.
This presentation addresses the ethical considerations outlined above in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter uses hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.
At the conclusion of the presentation, participants will be better able to:
- Identify legal obligations in the prosecution of intimate partner and sexual violence cases.
- Articulate ethical responsibilities at each stage of the criminal justice process.
- Navigate the challenges related to prosecutorial discretion, recantation, and disclosure of evidence
- Approach charging decisions, immunity, trial publicity, compulsion of victim testimony, and issues related to Crawford within an ethical framework.
This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this webinar are those of the author(s) and do not necessarily reflect the views of the Department of Justice.