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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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The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases

Domestic violence victims not participating in the prosecution of their abusers can be misunderstood as a lack of interest or a of credibility. In adult sexual assault cases, offenders often attempt to manipulate the system into sympathizing with them and blaming the victim. In the light of these challenges and In an effort to improve the response to domestic and sexual violence, many prosecutors’ offices around the country have created specialized units dedicated to prosecuting these crimes. These units provide prosecutors with concentrated trial experience, focused training, and the opportunity to work closely with law enforcement and community partners. This approach can lead to an improved experience for the victim as well as for police, prosecutors, and community partners. This article explains how prosecutors with strong experience working on sexual and domestic violence cases are skilled at focusing on the offender and exposing his attempts to manipulate the system.

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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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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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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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Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions

This Strategies Newsletter describes a trauma-informed approach to responding to these crimes and discusses practices where such an approach has already been incorporated, highlighting areas where continued, additional integration is necessary. This article also identifies gaps in the application of the approach, specifically in reference to other co-occurring, violence against women and human trafficking crimes, and suggests strategies to more effectively integrate trauma-informed investigative and prosecutorial practices.

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