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A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability

Prosecutors seeking justice in crimes of sexual and domestic violence must often balance holding perpetrators accountable and valuing victim autonomy. Many victims are unable to participate in the prosecution for reasons including fear, ongoing trauma, love for or loyalty to the perpetrator, intimidation, financial harm, self-blame, or embarrassment. Reliving the traumatization of their sexual assault or domestic abuse while feeling like they are in the spotlight can be overwhelming and lead to reluctance to participate in the process. When this happens, the pressure to ensure offenders are fully prosecuted may tempt prosecutors to utilize more extreme methods such as material witness warrants or to seek body attachments or bench warrants—without full appreciation of the impact on the victim or a consideration of possible alternatives.

This presentation discusses the obstacles victims face when considering whether to participate in the prosecution of domestic violence or sexual assault and suggests strategies that prosecutors can use to minimize these barriers to facilitate victim participation. Presenters highlight the negative impacts that pre-trial detention and other next-level measures have on victims and on the community. In circumstances when victims are unable to participate, presenters will discuss possible alternatives for the prosecutor and considerations for balancing public safety risks with victim self-determination.

At the conclusion of the presentation, participants will be better able to:
-Identify barriers faced by victims participating in investigations and prosecutions of sexual and domestic violence.
-Develop strategies to support victim participation.
-Balance public safety concerns in holding offenders accountable with victim interests in autonomy and self-determination.
-Employ the least restrictive methods possible to enable victims to testify when next-level measures must be utilized.

 

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.

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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.

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Foundations of Sexual Violence Prosecutions: The Trauma-Informed Prosecutor

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 Patti Powers explore how trauma affects a survivor of sexual violence, including their behaviors, their ability to disclose and recount details of the assault, and their ability to participate in the prosecution of the offender. They also discuss how prosecutors can utilize trauma-informed strategies to establish rapport with victims and to elicit details of the assault, as well as considerations for when victims are ultimately unable to participate in prosecution. 

At the conclusion of this episode, viewers will be better able to:
– Recognize trauma and its effects
– Implement trauma-informed practices to support victim participation
– Conduct trauma-informed interviews and direct examinations

Additional resources related to this episode:
– Integrating a Trauma-Informed Response in Violence Against Women and Human Trafficking Prosecutions 
– Enhancing Conviction Integrity through Forensics Webinar — Achieving Justice at Trial: Direct Examination of Victims of Violent Crimes
– Enhancing Conviction Integrity through Forensics Webinar: Advancing Justice: Interviewing and Presenting Testimony of Victims of Violent Crimes

 

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.

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A SANE Approach to Human Trafficking Cases

Sexual Assault Nurse Examiners (SANEs) are invaluable collaborative partners in a prosecutor’s response to human trafficking. Victims of sex and labor trafficking are at risk of serious injury, as well as short- and long-term physical and psychological health consequences, and SANEs provide much-needed medical care to these patients. Trafficking investigations and prosecutions are also enhanced by the addition of SANEs to a multidisciplinary team. SANEs document injury, collect evidence, and provide critical insight into medical issues and survivor responses to trauma that can educate criminal justice practitioners and jurors alike.

Co-presented by SANE and prosecutor subject-matter experts, this presentation demonstrates the value of collaboration in trafficking cases. The SANE explains the health risks associated with sex and labor trafficking, the content of a medical forensic examination, and documentation of victim statements and demeanor. The prosecutor provides strategies to improve the investigation and prosecution of trafficking cases by using SANEs as fact and expert witnesses and litigating the admissibility of victim statements under the medical hearsay exception.

At the conclusion of this presentation, participants will be better able to:
-Enhance prosecutions by ensuring that victims of sex and labor trafficking are provided meaningful access to health care and injuries and medical history are documented
-Articulate the role of the SANE in providing medical-forensic exams
-Present medical evidence and expert testimony at trial

 

This presentation was produced by AEquitas under 15POVC-21-GK-03263-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this presentation are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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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.

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Not Just a Credibility Contest: Sexual Violence Prosecutions That Go Beyond “Offender Said, Victim Said”

Sexual violence cases are often mistakenly reduced to a contest of credibility between the victim’s disclosure and the offender’s denial. Even though jurisdictions do not require corroboration of the victim’s testimony at trial, jurors may find it difficult to convict a defendant absent additional evidence. While crimes of sexual violence typically do not occur in front of other individuals, there are always witnesses and evidence to corroborate what happened before, during, and after the assault. By presenting the full scope of admissible evidence, prosecutors will increase the likelihood of success at trial while reducing the burden on victims.

This presentation addresses strategies and tactics to understand and explain victim disclosures through a trauma-informed lens; utilize victim behavior experts to educate fact-finders about the range of victim responses to sexual violence; and examine offender characteristics, motivations, and behaviors, as well as the impact of the offender’s actions on the victim. The presenter suggests strategies for overcoming common misconceptions at trial, including establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime for the jury.

At the conclusion of this presentation, participants will be better able to:
-Maintain focus on the offender.
-Support victim and witness credibility with corroborating evidence.
-Develop and present expert testimony to explain victim behavior. -Recreate the reality of the crime at trial.

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Self-Collected Sexual Assault Kits: Assessing and Mitigating the Risks

This article focuses on self-collected sexual assault kits—sometimes known as “do-it-yourself” or “DIY” kits— that are self-administered post-assault and involve the collection and preservation of evidence from the body in a non-medical setting. It examines the rationale behind self-collected kits for victims of sexual violence who state that they want to address their trauma outside the healthcare and criminal justice systems; the challenges self-collected kits present for prosecutors; and the limitations of self-collected kits to provide critical victim care, treatment, and support traditionally provided through the sexual assault medical forensic exam (SAMFE) process. The authors discuss the available alternatives for those circumstances in which self-collected kits may be perceived to be the best available option. Finally, where self-collected kits have been used, the authors offer strategies to mitigate the evidentiary, advocacy, and legal challenges they present. SIB38_Jan22

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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:

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Intimate Partner Violence Foundations: Bringing the Victim’s Voice into the Courtroom

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 to successfully prosecute cases of domestic violence, regardless of whether the victim is available to testify at trial. They discuss how to use the rules of evidence to litigate the admission of victims’ out-of-court statements and the ways in which expert witnesses can educate the judge and the jury on victim behavior and the effects of trauma.

At the conclusion of this presentation, viewers will be better able to:

  • Use jury selection as an opportunity to educate the jury;
  • Litigate the admission of victim statements; and
  • Offer expert testimony to explain victim behavior and provide context.

Additional resources related to this episode:

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Intimate Partner Violence Foundations: Identifying and Combatting Witness Intimidation

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 John Wilkinson discuss the co-occurrence of witness intimidation and intimate partner violence. They explore how collaborating with allied professionals can improve victim safety and how admitting evidence of witness intimidation can enhance prosecutions. This discussion highlights why victims of IPV often recant their reports of violence, as well as the trial techniques that can be used in the event that victims are unavailable to testify or recant their testimony.

At the conclusion of this presentation, viewers will be better able to:

  • Identify overt and subtle forms of intimidation;
  • Proactively investigate intimidation; and
  • Litigate motions to admit evidence under the Forfeiture by Wrongdoing doctrine.

Additional resources related to this episode: