This article describes the pathways into exploitation and trafficking and the realities of the Life. It seeks to give context to the choices survivors make—or are unable to make—before and during their interactions with the criminal justice system. By examining survivors’ choices through the lens of their victimization, prosecutors will be better equipped to identify survivors, however they interact with the system; make informed prosecution decisions, and work with system partners to provide exit ramps from exploitation. Being Trafficked — What Prosecutors Need to Know About the Life
Stalking Charges: An Opportunity, Not an Afterthought [ESPAÑOL]
Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.
In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.
At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Stalking Charges: An Opportunity, Not an Afterthought
Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.
In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.
At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
A Course of Exploitation: The Intersection of Stalking and Sex Trafficking
When offenders engage in a course of conduct that includes sexual exploitation, they perpetrate dangerous and often misidentified and misunderstood crimes, including stalking and sex trafficking. Both crimes are highly contextual in nature and require a nuanced analysis of the relationship between the offender and the victim, as well as the various tactics utilized by abusers to control, intimidate, and traumatize victims with impunity. Stalking behaviors are used to force or coerce individuals to engage in commercial sexual activities or to intimidate and prevent them from engaging with the criminal justice system.
Presenters explore the dynamics of stalking and sex trafficking. They focus on the importance of understanding the context in which both crimes occur and the common tactics used by perpetrators. This presentation provides strategies to improve the identification of these “course of conduct” crimes, increase offender accountability through successful investigations and prosecutions, and minimize further harm to victims and survivors by ensuring they are connected with meaningful services and tools to plan for their safety.
At the end of this presentation, participants will be better able to:
-Recognize the intersections between stalking and sexual exploitation
-Investigate and prosecute crimes of stalking and sexual exploitation
-Connect victims and survivors to meaningful services, including safety planning
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
Foundations of Sexual Violence Prosecutions: Moving Towards Justice
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence.
In this episode, Jane and Attorney Advisor John Wilkinson discuss how motions practice can enhance individual sexual violence prosecutions while also advancing important legal issues. They discuss how to argue for the admission of “other bad acts” evidence and expert testimony, strategies for opposing defense’s improper discovery requests and motions to pierce the rape shield, and methods for educating judges on novel issues.
At the conclusion of this episode, viewers will be better able to:
– Analyze cases to determine issues suitable for pretrial motion practice
– Brief judges on novel legal and factual issues
– Litigate discovery and evidentiary motions to promote victim safety and privacy
Additional resources related to this episode:
– Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors
– The Prosecutors’ Resource on Forfeiture by Wrongdoing
– It’s About Context, Not Character: Admitting Evidence Under R. 404(b)
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.
Foundations of Sexual Violence Prosecutions: Capturing the Totality of the Sexually-Violent Offender
This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting sexual violence cases. In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting sexual violence.
In this episode, Jane and Attorney Advisor Jenn Dolle discuss crimes that commonly co-occur with sexual violence. They also discuss how prosecutors can assess cases to make approach charging decisions and how additional charges may enhance offender accountability as well as the safety of victims and communities.
At the conclusion of this episode, viewers will be better able to:
– Recognize that crimes of sexual violence commonly co-occur with other offenses
– Evaluate evidence and case dynamics to make appropriate charging decisions
– Ensure offenders are prosecuted for the full scope of their criminal activity
Additional resources related to this episode:
– Responding to Stalking: A Prosecutor’s Guide to Stalking
– Just Exits Initiative
– Prosecuting Image Exploitation
– The Prosecutors’ Resource on Witness Intimidation
This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.
Bringing Offenders into Focus: Prosecuting Image Exploitation
Image exploitation involves the nonconsensual creation, possession, or distribution of an image or images depicting victims nude, semi-nude, engaged in consensual sexual activity, or being sexually assaulted. It exposes victims to immeasurable trauma of essentially infinite duration, permanently invading their autonomy and security. As technology continues to evolve more quickly than the law, investigators and prosecutors must be prepared to address image exploitation crimes by collaborating on digital investigations; leveraging existing, if imperfect, statutes; and combating victim-blaming attitudes.
This presentation explores the various forms of image exploitation and the types of statutes under which this abuse can be prosecuted. The presenter provides strategies to introduce relevant digital evidence while ethically safeguarding victim privacy. Resources are also be provided to support victims who would like to explore non-criminal avenues of achieving justice.
At the conclusion of this presentation, participants will be better able to:
-Identify crimes of image exploitation and available statutes that may be used to prosecute offenders.
-Make charging decisions that hold offenders accountable for the full extent of their criminal behavior.
-Combat victim-blaming attitudes and articulate the harm caused by offenders who commit crimes of image exploitation.
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: Technology Changes, Abuse Doesn’t
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 role of technology in intimate partner violence cases. They explore how offenders misuse technology to perpetrate crimes and assert power and control, and they offer strategies for litigating the admissibility of digital evidence and protecting victim privacy.
At the conclusion of this presentation, viewers will be better able to:
- Keep up to date with technology and trends;
- Litigate admissibility of digital evidence; and
- Protect victim privacy.
Additional resources for this episode:
- #GUILTY: Identifying, Preserving, and Admitting Digital Evidence, a webinar presented by Jane Anderson, AEquitas Attorney Advisor
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- 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
Intimate Partner Violence Foundations: Capturing Coercive Control
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 how offenders assert coercive control in abusive relationships, strategies for admitting evidence of coercive control to provide context to the violence, and when to charge co-occurring crimes. They explore how an offender’s coercive control tactics can be identified through interviews, investigation, and collaboration; how these tactics can be introduced as evidence in trial through 404(b) motions; and how coercive control may provide evidence to support additional charges, such as stalking.
At the conclusion of this presentation, viewers will be better able to:
- Identify offenders’ tactics of coercive control tactics;
- Litigate the admission of other crimes, wrongs, and acts; and
- Analyze coercive control in relation to stalking.
Additional resources related to this episode:
- Prosecuting Image Exploitation by Jane Anderson, AEquitas Attorney Advisor, and Supriya Prasad
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- Evidence of Other “Bad Acts” in Intimate Partner Violence, Sexual Violence, Stalking, and Human Trafficking Prosecutions by AEquitas
