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Sexual Abuse in Confinement – An Introduction for Prosecutors

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 webinar provides an overview of 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 presenter discusses victim behaviors and the dynamics inherent to a correctional setting. It also focuses on offender tactics, including grooming, isolation, threats, concealment or destruction of evidence, intimidation, the use of allies, and other coercive tactics.

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Prosecuting Cases of Sexual Abuse in Confinement: A Case Study

Sexual abuse in confinement is a significant issue that extends beyond our nation’s detention facilities and jails. Misconceptions about and biases toward inmates who are crime victims can make cases of sexual abuse in confinement challenging to prosecute. To effectively investigate and prosecute these cases, it’s necessary for criminal justice professionals to understand the realities of a confinement setting as well as how to combat biases against inmates that will lead to credibility challenges that cast doubt on their testimony. This webinar highlights investigative and prosecutorial strategies through an actual case prosecuted at the local level. Examine details of the case from the initial report through the investigation and prosecution. Learn the benefits of the collaborative response as well as the prosecutor’s trial strategies and how these coordinated efforts resulted in a conviction.

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It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Investigating and Prosecuting the Intimidation of Victims of Sexual Abuse in Confinement

Victims who are sexually abused while incarcerated literally cannot escape their attackers. The confinement setting compounds the harm to the victims and makes them uniquely vulnerable to intimidation on the part of assailants or their allies. Intimidation hinders the investigation and prosecution of these cases, allows perpetrators to evade accountability, and turns confinement facilities into bastions for sexual abusers. This webinar identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple safe and confidential means to report these crimes. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The presenter explains the potential for intimidation and violence over the course of multiple cases or over time in a single case. The presenter also discusses the importance of policies and protocols to promote effective prosecution of these cases

This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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Disarming the Batterer: Intimate Partner Violence and Firearms

Firearms are the most frequently used weapons in intimate partner homicide, eclipsing all other weapons combined. As prosecutors, it is our responsibility to make the most of the available tools at our disposal to disarm violent offenders and increase the safety of victims and our communities. This webinar discusses: the danger posed by firearms in the hands of batterers; firearms prohibitions for domestic violence offenders under federal or state law; recent U.S. Supreme Court decisions interpreting federal firearms prohibitions; the importance of firearms surrender protocols.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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The Prosecutors’ Resource on Forfeiture by Wrongdoing

Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.

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#GUILTY: Identifying, Preserving, and Presenting Digital Evidence

Unfortunately, as technology becomes more integral to our lives, offenders increasingly misuse technology to facilitate crimes against women, and as a means to assert power and control in the course of an intimate partner relationship. This webinar demonstrates how cyber investigations can be used to reveal evidence of criminal activity, as well as evidence of the power and control dynamics of an abusive relationship. The presenter discusses theories of admission, rules of evidence, and case law using “real life” examples to demonstrate how to properly authenticate and introduce digital evidence in civil and criminal proceedings.

This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.

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The Prosecutors’ Resource on 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 resource provides an overview of 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, pretrial, jury selection, trial testimony and sentencing.

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Alcohol- and Drug-Facilitated Sexual Assault: A Survey of the Law

While the absence of laws covering the assault of a voluntarily intoxicated victim is often cited as a barrier to prosecuting sexual assault cases, the laws in all 58 U.S. jurisdictions allow for the prosecution of sexual assault cases in which the victim was voluntarily intoxicated. The language in some statutes, however, may not always include the assaultive conduct relevant to a specific case. Additionally, some sexual assault statutes do include an element requiring the victim’s intoxication to be caused by a perpetrator, without the victim’s knowledge, for the purpose of perpetrating a sexual assault. Because language among these statutes is not consistent and may not specifically refer to intoxicated victims, this Statutes in Review synthesizes the similarities and distinctions among the statutory language and summarizes AEquitas’ more comprehensive analysis of rape and sexual assault laws covering alcohol- and drug -facilitated sexual assault involving penetration in all jurisdictions in the country.

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