This article focuses on self-collected sexual assault kits—sometimes known as “do-it-yourself” or “DIY” kits— that are self-administered post-assault and involve the collection and preservation of evidence from the body in a non-medical setting. It examines the rationale behind self-collected kits for victims of sexual violence who state that they want to address their trauma outside the healthcare and criminal justice systems; the challenges self-collected kits present for prosecutors; and the limitations of self-collected kits to provide critical victim care, treatment, and support traditionally provided through the sexual assault medical forensic exam (SAMFE) process. The authors discuss the available alternatives for those circumstances in which self-collected kits may be perceived to be the best available option. Finally, where self-collected kits have been used, the authors offer strategies to mitigate the evidentiary, advocacy, and legal challenges they present. SIB38_Jan22
Intimate Partner Violence Foundations: Moving Towards Justice
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Patti Powers discuss how motions practice can protect victims and advance prosecutions. They explore methods for analyzing cases to determine issues suitable for pretrial motion practice; ways to educate judges on novel legal and factual issues; and strategies for litigating motions to promote victim safety and privacy.
At the conclusion of this presentation, viewers will be better able to:
- File pretrial motions consistent with litigation strategy;
- Educate the judge; and
- Focus on protecting victims and holding the offender accountable.
Additional resources related to this episode:
- Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors, a webinar presented by Jane Anderson, AEquitas Attorney Advisor, and Meg Garvin, Executive Director & Clinical Professor of Law, National Crime Victim Law Institute
- Ethical Considerations for Prosecutors in Intimate Partner Violence Cases, a webinar presented by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
Intimate Partner Violence Foundations: Collaboration is Key: Working with Law Enforcement
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV.
In this episode, Jane and Attorney Advisor Jon Kurland discuss the importance of working closely with law enforcement to build and successfully prosecute IPV cases. They identify opportunities for enhanced collaboration, discuss methods for building evidence-based investigations and prosecutions, and emphasize how collaboration can help prosecutors comply with discovery and due process requirements.
At the conclusion of this presentation, viewers will be better able to:
- Identify opportunities to enhance collaboration;
- Communicate to build trust between law enforcement and prosecutors; and
- Leverage collaborative relationships to enhance victim safety and participation.
Additional resources related to this episode:
- Model Response to Sexual Violence for Prosecutors (RSVP) Volume I: An Invitation to Lead by AEquitas, Urban Institute, and Justice Management Institute
- To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women by John Wilkinson, AEquitas Attorney Advisor
- Body-Worn Cameras and Gender-Based Violence: Practical Considerations from the Prosecution Perspective, a webinar by John Wilkinson, AEquitas Attorney Advisor
Coercive ‘Love’: The Intersection between Intimate Partner Violence and Human Trafficking
Human traffickers control their victims through force, fraud, and coercion. In the case of intimate partner sex trafficking, these methods of control are uniquely manipulative and difficult to identify. Understanding the historical and circumstantial factors that lead to vulnerabilities exploited by traffickers in these relationships allows law enforcement and prosecutors to more successfully address and minimize harm to victims while effectively investigating and prosecuting human trafficking cases.
This presentation describes how, in addition to violence and threats, traffickers exploit feelings of love and loyalty to maintain power over their victims and perpetrate sex trafficking and related crimes. The presenters discuss the importance of identifying victims of intimate partner human trafficking to ensure victim safety and provide access to services and support, while at the same time articulating offender conduct to ensure they are held accountable for their actions.
The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit
This comprehensive document provides guidance on developing or enhancing intelligence-driven prosecution through a Crime Strategies Unit (CSU), or through processes that accomplish goals similar to those of a CSU. Based in part on interviews with prosecutors, crime analysts, and other specialists in the field, the guide discusses building foundational partnerships, methods for gathering data and intelligence, and ways in which data can inform and support investigations and prosecutions.
The Problem-Solving Prosecutor- Modern Variations on the Crime Strategies Unit
Crime Strategies Units: Quick Guide
This brief overview of The Problem-Solving Prosecutor: Modern Variations on the Crime Strategies Unit summarizes the core elements of intelligence-driven prosecution models.
Just Exits: Achieving Justice: The Prosecutor’s Role
The criminal justice system can serve as both an on-ramp to and an off-ramp from sex trafficking and exploitation. As gatekeepers within the criminal justice system, prosecutors are uniquely positioned to identify sexually exploited women and girls, make fair charging decisions, facilitate criminal record relief, and link survivors with services and support. In these ways, prosecutors can clear the way to a different life path and achieve justice for survivors.
The presenters bring their lived and professional experience to this presentation, which emphasizes prosecutors’ duties to achieve justice over convictions and to proactively remedy wrongful convictions. Presenters discuss strategies for engaging survivors, avoiding wrongful criminalization, and providing access to just criminal record relief.
Criminal Jury Trials During COVID-19: Prosecution Leadership for a New Era
This webinar addresses the potential impact of pandemic safety measures on criminal jury trials and strategies for protecting the integrity of the proceedings. Presenters discuss strategies for triaging delayed cases; considerations of constitutional rights, including the 6th amendment right to a speedy and public trial, the 6th amendment right to confrontation, and the 1st amendment freedom of the press; the use of juror questionnaires as a way to minimize potential exposure to COVID-19 during jury selection; and methods for adapting prosecution strategies to virtual platforms.
Witness Intimidation Part I: Enhancing Witness Safety: Preventing and Responding to Intimidation
Part I of the series will discuss a coordinated system response to the challenges presented by witness intimidation. The presenter will explore methods for enhancing victim and witness safety, improving witnesses’ ability to participate in the justice system, and holding offenders accountable at all stages of the criminal justice process.
