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The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t

Although intimate partner abuse and harassment perpetrated through technology can look different than in-person abuse or harassment, the goals and motives are still the same: power and control. Technology allows an abuser to assert that power and control by keeping tabs on their partner – by knowing who the survivor talks to, what they do, and where they go. This is a key aspect of control. Because so many people live their lives on the Internet, it is a treasure trove of information, allowing abusers to stay informed and in control of their victims. This Strategies Newsletter provides an overview of online abuse and offers solutions for documenting the abuse, supporting survivors, and holding offenders accountable.

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SAJI Annotated Bibliography (June 2017)

This bibliography provides an extensive list of studies, best practices, strategies and other resources to support the prosecution of sexual assault, from the victim’s initial report through trial. The annotations offer overviews for every source on topics such as: performance measures, conviction rates, standards of practice, criminal justice reform, promising practices, investigation, responding to witnesses, pretrial, and trial strategies.

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10 Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

The impact of sexual assault on a victim is devastating and the effects are long lasting. Victims of child sexual abuse may suffer physical injury, depression, self-destructive behavior, anxiety, feelings of isolation and stigma, shame, poor self-esteem, difficulty in trusting others, a tendency toward re-victimization, substance abuse, and sexual maladjustment. When the perpetrator is a family member, victims often suffer the emotional scars of guilt, betrayal and fear as well. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders’ grooming tactics or misperceive common victim reactions to abuse as evidence of the victim’s lack of credibility. Prosecutors handling these cases face unique challenges. This article outlines ten strategies that will help prosecutors prepare and litigate cases of sexual abuse perpetrated against a child by a family member.

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Enhancing Prosecutions of Human Trafficking and Related Violence Against Sexually Exploited Women

A strong response to violence against sexually exploited women is critical to closing existing gaps and enhancing community safety and offender accountability. Collaboration among prosecutors and allied professionals with relevant expertise (e.g., organized crime, narcotics, and gangs) enhances the identification of victims and perpetrators and the effectiveness of the response to these crimes. This article outlines seven strategies to help prosecutors develop or refine their response to recognize and respond to the interconnected sexual and physical violence perpetrated against trafficking victims and individuals who experience violence as a result of their exploitation.

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No Victim? Don’t Give Up: Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques

The challenges presented in the course of investigating and prosecuting human trafficking cases can be daunting. Among the most common and difficult of these obstacles is the inability or unwillingness of victims to participate in the process. This reluctance may be based upon a variety of factors, including the victims’ fear, shame, distrust of law enforcement, and a real — or perceived — lack of alternatives to trafficking as a way of life. Sometimes the unwillingness of victims to participate arises from their relationships with their traffickers, who may exploit love and intimate relationships to recruit their victims. These challenges are significant but not insurmountable. Prosecutors and allied professionals can employ strategies to enhance the willingness of victims to participate in the prosecution of their traffickers and to enhance the success of the trafficking prosecution even without their participation. When victims do not participate, however, preparing and litigating forfeiture by wrongdoing motions is critical to the successful prosecution of these cases. This article discusses several key investigative and prosecution strategies.

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Williams v. Illinois and Forensic Evidence – The Bleeding Edge of Crawford

The application of Crawford principles in the context of forensic evidence continues to plague the criminal justice system. The United States Supreme Court’s decision in Williams v. Illinois raises more questions than it answers about when and how an expert may testify to conclusions based upon the opinions or work of other (non-testifying) experts or technicians. This article reviews the relevant case law, and explores how trial prosecutors can present a case involving forensic testing conducted by a multitude of technicians and experts. It also addresses Williams’ impact on cold cases, in which original experts who performed autopsies and other forensic examinations and testing are no longer available for trial. The author provides practical suggestions to trial prosecutors who must balance limited resources against the need to secure convictions that will withstand confrontation challenges on appeal.

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The Highly Trained Batterer: Prevention, Investigation and Prosecution of Officer-Involved Domestic Violence

This article discusses the dynamics and tactics commonly encountered in officer-involved domestic violence; emphasizes the importance of departmental policies and protocols for prevention of, and response to, violence in the law enforcement family; explains the need for a coordinated, yet firewalled internal investigation that will not compromise the criminal prosecution of the offender; and suggests strategies for investigation and prosecution of officer-involved domestic violence.

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Pennsylvania’s New Victim Behavior Expert Testimony Statute Upheld: Commonwealth v. Olivo

On November 18, 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. This article reviews the facts of the case and discusses its implications for highlighting the important role of expert testimony in aiding juries to reach just verdicts, unhindered by myths and misconceptions about how “real” victims would behave. Pennsylvanias-New-Victim-Behavior-Expert-Testimony-Statute-Upheld-Commonwealth-v.-Olivo-SIB25

 

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The Prosecutors’ Resource on Crawford and its Progeny

There are many barriers to victims’ participation in the prosecution of their abusers. When prosecuting a domestic violence case with a non-participating victim (one who either is not in court, or who is in court but is unavailable by reason of refusal to testify, exercise of a privilege, illness, or incompetency) the prosecutor must anticipate a challenge under Crawford v. Washington to the introduction of the victim’s out-of-court statements. Crawford and its progeny are landmark cases that address the admissibility of out-of-court statements in light of an accused’s Sixth Amendment right to confrontation. This Resource focuses on interpretations of the Sixth Amendment’s Confrontation Clause under Crawford. The prosecutor must be aware, however, of the simultaneous need to satisfy state evidence rules concerning hearsay. This paper places Crawford in its historical context, presents a framework for analyzing admissibility of out-of-court statements under the Crawford rules, and provides resources, sample questions, and strategy suggestions to assist the prosecutor in satisfying the confrontation requirements under the Sixth Amendment.

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The Prosecutors’ Resource on Witness Intimidation

This resource outlines effective prosecution strategies for cases where witness intimidation is, or may be, a factor. It provides guidance for prosecution practices that will enhance the safety of victims and witnesses. The paper discusses the first steps a prosecutor should take upon being assigned a case in which witness intimidation is, or may be, an issue. It then discusses strategies for the various phases of a criminal prosecution, from pretrial through the final pretrial conference. Finally, the paper discusses sentencing considerations, including the need for appropriate post-release conditions that enhance the ongoing safety of victims and witnesses.

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