An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.
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.
Rape Shield
We have developed three individual resources on rape shield, to include a survey of United States statutes, a collection of relevant case law, and a chart surveying the rules of admissibility across the country.
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.
Statute of Limitations for Sexual Assault Offenses
This resources includes an analysis of and the law on statutes of limitations for sexual offenses in the 50 states, District of Columbia, U.S. Territories, Military, and federal jurisdictions.
Stalking
This compilation includes a list of statutes on stalking, related offenses and stalking elements for all 50 states and territories.
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.
Sexual Abuse in Confinement
This resource comprises a variety of cases from each state and also federal jurisdictions that involve criminal or administrative proceedings in which sexual abuse in confinement is a factor. These types of cases include: criminal cases in which some form of sexual abuse in confinement was charged or was raised as a defense; administrative disciplinary proceedings against inmates or staff involving allegations of sexual abuse in confinement; criminal cases in which evidence of the defendant’s prior acts of sexual abuse in confinement were presented for purposes of sentencing; appeals of post-sentence civil commitment proceedings in which evidence included acts of sexual abuse committed while in confinement; and civil cases presenting issues as to the investigation and response to reports of sexual abuse in confinement. This digest also includes case law from each state and federal jurisdiction.
Reporting Requirement for Competent Adult Victims of Sexual Violence
This resource outlines each state and territory’s requirements for reporting in sexual violence cases as well as who is responsible and held accountable for the act of reporting.
Rape and Sexual Assault
This compilation includes a comprehensive look at sexual assault laws in all fifty states, the District of Columbia, U.S. Territories, Military, and federal jurisdictions. The coverage ranges from crimes of rape and sexual assault, abuse, misconduct, or battery to marital rape and intimate partner sexual assault. Several charts are included analyzing issues inherent to rape and sexual assault cases that may arise throughout the course of a prosecution.
