Charging Considerations in the Prosecution of Marital Rape
Combating Witness Intimidation
Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing
Jiu-jitsu is a Japanese martial art that does not depend on the use of size or strength to defeat an opponent. Instead, it employs a variety of tactical moves to prevail by turning the force of an attack against the attacker. Prosecutors in domestic violence cases have a similar art at their disposal to counter confrontation challenges in the common scenario where the offender has intimidated, tricked, manipulated, paid off, killed, or otherwise arranged for the victim to be absent from the trial, leaving the prosecution with only the victim’s out-of-court statements to prove the case.
Expanding Our Reach: Prosecuting Intimate Partner Violence Against Victims Who Identify As LGBTQ+
Responding effectively to crimes of intimate partner violence against victims who identify as LGBTQ+ presents unique challenges. These victims may be reluctant to report the crimes for fear of being mistreated, criticized, or involuntarily outed in the process and when they do report, they may lack community support for continued engagement with the criminal justice proceedings. We can improve our response to these crimes and our ability to serve these victims by refining existing best practices to address LGBTQ+ issues and partnering with those who provide advocacy and other services in the LGBTQ+ community.
This presentation focuses on prosecution strategies to overcome these challenges and enhance our response. The webinar recording examines intimate partner violence in LGBTQ+ relationships and the additional hurdles these victims encounter when reporting the abuse and participating in the criminal justice process. The presenters also highlight considerations for communicating with victims and preparing them for trial, engaging with service providers to meet the needs of LGBTQ+ victims and witnesses, and educating judges and juries about dynamics of LGBTQ+ relationships.
Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.
CLE Credits
This one-hour webinar recording should qualify prosecutors for one (1.0) hour of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Strangulation
This resource includes a statutory compilation of strangulation crimes in the 50 states, District of Columbia, U.S. Territories, Military, and federal jurisdictions. Relevant case law is also included, where applicable, for each jurisdiction. AEquitas has also developed an additional document discussing the legislative response to strangulation.
Spousal Immunity and Marital Privilege
This compilation focuses on criminal statutes on spousal immunity and privilege across the 50 states, the District of Columbia, U.S. Territories, Military and federal jurisdictions. This resource also looks at those statutes that recognize an exception to spousal immunity and privilege in crimes of intimate partner and domestic violence.
Predominant Aggressor Arrest Provisions
This resource is a statutory compilation of predominant aggressor arrest provisions at the federal level and for all 50 states and U.S. territories.
Linking Animal Abuse and Domestic Violence
This resource is a statutory compilation of current and upcoming legislation that links animal abuse and domestic violence. Listings include all 50 states and U.S. territories.
Domestic Violence Reporting
This document provides a summary of state laws relevant to the mandatory reporting of domestic violence or abuse by medical professionals to law enforcement when the victim is a competent adult. The resource is organized into four categories: laws that specifically require injuries caused by domestic violence or abuse to be reported; laws that require injuries caused by non-accidental or intentional conduct to be reported; laws that require injuries caused by criminal conduct to be reported; reporting requirements relating to other crimes or injuries that may impact victims of domestic violence or abuse.
