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Human Trafficking and Toxicology

Human traffickers control their victims through force, fraud, and/or coercion. Coercion, specifically, can take many forms, including seeking out vulnerable victims facing substance abuse. In other cases, traffickers may introduce victims to drugs and alcohol to facilitate their crimes and establish additional control. Understanding basic toxicology better allows law enforcement, prosecutors, and medical professionals to recognize how drugs and alcohol affect a victim’s ability to disclose, participate in the criminal justice system, and recover from the trauma of trafficking.

This presentation will identify common dynamics in sex and labor trafficking and describe how drugs and alcohol are used to assert and maintain control over victims and perpetrate trafficking and trafficking related crimes. The presenter will discuss the importance of and strategies for collaborating with medical professionals to identify drug-facilitated human trafficking, provide much needed care, and educate other allied professionals about the effects of drug use in the context of trafficking dynamics

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Summary of Laws & Guidelines – Payment of Sexual Assault Forensic Examinations

Victims of sexual assault often undergo a Sexual Assault Forensic Examination (SAFE) following an assault and may also receive additional medical treatment for physical and emotional injuries. The majority of states provide for partial or complete payment for a victim’s examination costs. This resource is a summary of the statutes and guidelines related to payment for forensic examinations. The research compiled includes: which agency pays, the specific criteria for payment, what services are included and not included in payment schemes, other authorization or eligibility requirements, disqualifying factors, payment methods, whether the state requires restitution from a guilty defendant, and the existence of evidence retention laws related to sexual assault kits (SAKs).

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Anonymous Reporting in Sexual Assault Cases

This one-pager is a concise summary of anonymous reporting, also known as “Jane Doe” reporting, which refers to cases in which a forensic medical examination is conducted, evidence is collected, and medical treatment is provided for a sexual assault victim who does not report the crime to law enforcement. The resource outlines how anonymous reporting works, what happens to rape kits in those case, and where to go for more information on DNA testing and anonymous reporting.

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Justice for Victims Behind Bars: Improving the Response to Cases of Sexual Abuse in Confinement

The passage of the Prison Rape Elimination Act (PREA) in 2003 created not only a requirement that jurisdictions prevent and respond to incidents of sexual abuse in confinement, but firmly planted sexual abuse in confinement on the list of critical issues for criminal justice system officials across the country. This resource gives an overview of the PREA standards and outlines what an appropriate response to cases of sexual abuse in confinement requires. Professionals require relevant information on the PREA Standards, an understanding of the dynamics of sexual abuse (particularly those dynamics specific to abuse in the confinement setting), and collaboration among the professionals in the jurisdiction. The criminal justice system should consider victims’ safety, privacy, and well-being throughout the process, while ensuring they have access to information and services. Such a response keeps the focus on the actions, behaviors, characteristics, and intent of the abuser.

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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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Supreme Court Continues to Expand the Sixth Amendment Confrontation Clause: Bullcoming v. New Mexico

This article provides an overview of Bullcoming v. New Mexico, a case holding that the Confrontation Clause prohibits the prosecution from introducing a forensic laboratory report through the testimony of an analyst who did not personally perform or observe the testing. The authors discuss the impact of the case on domestic violence prosecutions to the extent that it expands defendants’ rights under the Confrontation Clause in the area of required live testimony and appears to limit the prosecution’s ability to present physical evidence when laboratory analysis is involved.

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Benefits of a Coordinated Community Response to Sexual Violence

When medical, legal, and victim advocacy systems work together, they provide better, more effective services to victims. This article outlines the importance of multidisciplinary responses as a way to help survivors understand the breadth of available community resources and services. The authors also demonstrate how coordinated responses to sexual violence result in holding offenders accountable while protecting victims and communities.

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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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Absence of Anogenital Injury in the Adolescent Adult Female Sexual Assault Patient

Rates of sexual assault injury vary widely in published reports and may be impacted by a variety of issues, including the types of techniques used to assess the patient and the amount of time between the assault and the exam. This article discusses how documentation from sexual assault medical-forensic examinations often notes that no injury was found to the female genitalia or anus. The absence of anogenital injury does not mean that a sexual assault didn’t occur. Anticipating the circumstances when injury will be identified is a challenge.

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