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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

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Stalking: Effective Strategies for Prosecutors

Stalking affects 6.6 million people in the United States each year and every day, in courtrooms throughout the country, stalking victims recount the fear and distress they have experienced as a result of this crime. Stalkers create and exploit vulnerabilities in their victims, relying on technology and manipulation of the justice system to conceal their crimes and cast doubt on their victim’s credibility. This article provides an overview of stalking and the modern technology stalkers use. The article emphasizes the importance of using a collaborative approach between law enforcement, victim advocates and prosecutors to assist victims and hold offenders accountable.

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Making It Stick: Protecting the Record for Appeal

Having a sexual assault, domestic violence, or human trafficking case reversed on appeal can result in a re-trial with stale evidence, reluctant witnesses, and a victim who is forced to relive the case when she is finally beginning to heal. Though the appellate process is unavoidable, a prosecutor can bring a measure of finality to the criminal justice process by carefully building a strong trial court record that supports the conviction and the sentence imposed and withstands appellate challenges. This article discusses the proper creation and protection of the record during all phases of a criminal case, focusing on investigation, charging, plea agreements, trial preparation and strategy, summation, and sentencing. It addresses pretrial motions, recommends the use of trial briefs on anticipated trial problems, and explains how strategic charging decisions can result in admission of evidence that might otherwise be excluded.

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Absence of Anogenital Injury in the Adolescent Adult Female Sexual Assault Patient

Rates of sexual assault injury vary widely in published reports and may be impacted by a variety of issues, including the types of techniques used to assess the patient and the amount of time between the assault and the exam. This article discusses how documentation from sexual assault medical-forensic examinations often notes that no injury was found to the female genitalia or anus. The absence of anogenital injury does not mean that a sexual assault didn’t occur. Anticipating the circumstances when injury will be identified is a challenge.

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Establishing Penetration in Sexual Assault Cases

Criminal acts of sexual violence generally fall into three categories: exposure, contact, and penetration. While prosecutors introduce evidence to establish the statutory elements at trial, defense strategies focus on targeting any vulnerability in that evidence. Where the charged offense includes an element of penetration, defenses may also include specific challenges to the prosecution’s ability to prove that penetration occurred. If the prosecution is unable to prove the element of penetration beyond a reasonable doubt, the accused will be acquitted or convicted of a less serious offense. This Strategies in Brief explains the legal requirements for establishing penetration in sexual assault prosecutions and offers strategies for effectively identifying, evaluating, and presenting evidence of penetration. The article: summarizes the categories of criminal sex offense statutes and outlines the legal requirements to establish penetration; provides strategies to prepare for and try sexual assault cases involving penetration; identifies and offers guidance for responding to common defense challenges to establishing penetration in sexual assault cases.

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The Prosecutors’ Resource on Elder Abuse

This Prosecutors’ Resource is designed to assist with investigating and prosecuting cases involving abuse, neglect, and financial exploitation of an older victim. It includes foundational knowledge on the various forms and co-occurrence of elder abuse crimes, the characteristics of victims and perpetrators, the aging body, and issues of competency and capacity that will all inform prosecutors’ decision-making in cases and interactions with victims. This Prosecutors’ Resource also provides prosecution strategies for working with older victims and addresses the individual steps and considerations for prosecuting elder abuse cases from the initial interview and investigation through sentencing.

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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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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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Prosecuting Cases of Sexual Abuse in Confinement

Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This article examines the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, dealing with gang involvement, and trial testimony.

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