This portion provides practical investigative strategies to build successful prosecutions of the owners, operators, and accomplices of IMBs. The presenters discuss enhancing investigations through partnerships with civil and criminal allied investigative agencies and service providers. They also provide an analytical framework for developing investigative strategies designed to identify and preserve evidence supporting a wide range of charges that can be prosecuted with or without victim participation.
Investigating and Prosecuting Trafficking in Illicit Massage Businesses: Part 1
IMBs are venues disguised as legitimate massage or bodywork businesses in which women are forced, coerced, and defrauded into performing countless sex acts with strangers on a daily basis. This portion of the three-part series provides an overview of the illicit massage business (IMB) organizational model, which typically exists within one of many nationwide networks. The presenters discuss how women are recruited, harbored, and exploited within those networks. They also explore the challenges facing law enforcement and prosecutors, demonstrating the need for strategies to build evidence-based cases that can ensure that offenders are held accountable for their wide-ranging criminal activity.
Rape Shield
We have developed three individual resources on rape shield, to include a survey of United States statutes, a collection of relevant case law, and a chart surveying the rules of admissibility across the country.
Victim Privileges and Confidentiality
This resource is a statutory compilation on victim privilege and confidentiality laws broken down by practitioner.
Spousal Immunity and Marital Privilege
This compilation focuses on criminal statutes on spousal immunity and privilege across the 50 states, the District of Columbia, U.S. Territories, Military and federal jurisdictions. This resource also looks at those statutes that recognize an exception to spousal immunity and privilege in crimes of intimate partner and domestic violence.
Forfeiture by Wrongdoing
This resource contains a statutory compilation and case law digest, including a summary of the foundational doctrine underlying forfeiture by wrongdoing. It also contains relevant federal case law.
Expert Testimony on Victim Behavior
This case law digest includes a country-wide survey of judicial opinions on the admissibility of expert testimony on victim behavior in cases of sexual and intimate partner violence and child sexual abuse.
Annotated Bibliography of Witness Intimidation Resources
This annotated bibliography compiles legal research, social science research, assessment, and best practices and policies for addressing witness intimidation. The first section reviews legal literature that analyzes the legal foundations of witness intimidation, including Supreme Court decisions, statutes, and relevant case law. The second section contains social science research on victims’ experiences of intimidation, as well as implementation of laws and policies to address the problem. The third section summarizes evaluative reports on witness intimidation dynamics in particular communities. The final section, contains best practices and policies to be implemented based on the assessment and research foundations described above.
Justice for Victims Behind Bars: Improving the Response to Cases of Sexual Abuse in Confinement
The passage of the Prison Rape Elimination Act (PREA) in 2003 created not only a requirement that jurisdictions prevent and respond to incidents of sexual abuse in confinement, but firmly planted sexual abuse in confinement on the list of critical issues for criminal justice system officials across the country. This resource gives an overview of the PREA standards and outlines what an appropriate response to cases of sexual abuse in confinement requires. Professionals require relevant information on the PREA Standards, an understanding of the dynamics of sexual abuse (particularly those dynamics specific to abuse in the confinement setting), and collaboration among the professionals in the jurisdiction. The criminal justice system should consider victims’ safety, privacy, and well-being throughout the process, while ensuring they have access to information and services. Such a response keeps the focus on the actions, behaviors, characteristics, and intent of the abuser.
Justice for Victims Behind Bars Improving the Response to Cases of Sexual Abuse in Confinement
Commonwealth v. Olivo, No. 127 MAP 2014, Pennsylvania Supreme Court, Brief of Amicus Curiae
In 2015, the Pennsylvania Supreme Court decided Commonwealth v. Olivo, upholding, against state constitutional attack, the new Pennsylvania evidentiary statute permitting expert testimony to explain victim behavior in the prosecution of crimes of sexual violence. Previously, the courts of Pennsylvania had steadfastly resisted admission of such testimony, despite the widespread acceptance of such evidence by other courts across the country. The Pennsylvania Coalition Against Rape submitted this amicus curiae brief, with contributions by AEquitas Attorney Advisor Teresa M. Garvey, in support of the statute’s constitutionality. The brief highlights the value of expert testimony to explain victim behavior so that jurors do not base their credibility assessments on myths and misconceptions.
