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.
Responding to Stalking: A Guide for Prosecutors
Stalking affects 7.5 million people in the United States a year, with 15 percent of women and 6 percent of men being stalked in their lifetime. Stalking entails repeat victimization because it constitutes a series of acts rather than a single incident and it can cause sustained and repeated emotional distress. This guide is a resource for prosecutors in stalking cases. It provides an overview of stalking and suggests best practices for prosecuting offenders. It should be used as a guide for attorneys to support their own research and for problem-solving in prosecuting these types of cases.
To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior
On March 24, 2011 the Minnesota Supreme Court decided to permit expert testimony to explain common victim behavior in adult sexual assault cases. This article outlines the facts and the impact of the case. The author concludes that the prosecutors in the case executed a successful strategy that can serve as a template for how to introduce expert testimony in trials before courts that are hesitant or even hostile to the idea of admitting it.
Supreme Court Clarifies Miranda
On February 24, 2010, the U.S. Supreme Court decided Maryland v. Shatzer, in which it reinstated a defendant’s child abuse conviction and announced a new rule that permits the police to resume questioning of suspects (who had previously invoked their right to remain silent) 14 days after they’re released from police custody. This ruling expands the ability of law enforcement officers to conduct suspect interviews in ongoing investigations where the body of evidence continues to build over time. The facts of Shatzer exemplify that a victim’s disclosure of sexual abuse is often a process that takes time, and the facts of this case presented the Court with an opportunity to create a common sense rule that appropriately balances the constitutional rights of the accused with the need to hold offenders accountable and seek justice for victims of crime.
Miranda Under the Microscope Again
This article provides an overview of Berghuis, Warden v. Thompkins, a case involving an individual’s waiver of his right to remain silent pursuant to Miranda v. Arizona. The Court held that after properly administering the Miranda warning, the police did not need an express or implied waiver of rights before they interrogated the subject and that the suspect in this case failed to clearly invoke his right to remain silent by simply remaining mostly silent during the interrogation. The case doesn’t appear to drastically impact Miranda, but it does offer law enforcement additional guidance on when and how they can proceed with questioning suspects.
Understanding Anogenital Injury in Adult Sexual Assault Cases
Anogenital injury is often seen as the ultimate evidence in sexual assault cases. However, the reality is that anogenital injury evidence has significant limitations. Specifically, in the vast majority of cases we are limited in our ability to distinguish between injuries resulting from a sexual assault and those sustained during consensual sexual activity. This article discusses how these points may not be well understood by legal practitioners and clinicians alike, resulting in a portrayal of anogenital injury as having clear and unambiguous significance. Understanding the emerging research on consensual sexual activity injury can therefore help us provide more accurate information to attorneys, judges, and juries in adult sexual assault cases.
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