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
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:
- Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors, a webinar presented by Jane Anderson, AEquitas Attorney Advisor, and Meg Garvin, Executive Director & Clinical Professor of Law, National Crime Victim Law Institute
- Ethical Considerations for Prosecutors in Intimate Partner Violence Cases, a webinar presented by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
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:
- Introducing Expert Testimony in Domestic Violence Cases, a webinar presented by John Wilkinson, AEquitas Attorney Advisor
- The Prosecutors’ Resource on Crawford and its Progeny by AEquitas
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:
- Field Guide to Witness Intimidation by AEquitas
- Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- No Victim? Don’t Give Up: Creative Strategies in Prosecuting Human Trafficking Cases Using Forfeiture by Wrongdoing and Other Evidence-Based Techniques by Jennifer Gentile Long, CEO, AEquitas, and Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- The Prosecutors’ Resource on Forfeiture by Wrongdoing by AEquitas
Intimate Partner Violence Foundations: Technology Changes, Abuse Doesn’t
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 the role of technology in intimate partner violence cases. They explore how offenders misuse technology to perpetrate crimes and assert power and control, and they offer strategies for litigating the admissibility of digital evidence and protecting victim privacy.
At the conclusion of this presentation, viewers will be better able to:
- Keep up to date with technology and trends;
- Litigate admissibility of digital evidence; and
- Protect victim privacy.
Additional resources for this episode:
- #GUILTY: Identifying, Preserving, and Admitting Digital Evidence, a webinar presented by Jane Anderson, AEquitas Attorney Advisor
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors, a webinar presented by Jane Anderson, AEquitas Attorney Advisor, and Meg Garvin, Executive Director & Clinical Professor of Law, National Crime Victim Law Institute
Intimate Partner Violence Foundations: Capturing Coercive Control
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 offenders assert coercive control in abusive relationships, strategies for admitting evidence of coercive control to provide context to the violence, and when to charge co-occurring crimes. They explore how an offender’s coercive control tactics can be identified through interviews, investigation, and collaboration; how these tactics can be introduced as evidence in trial through 404(b) motions; and how coercive control may provide evidence to support additional charges, such as stalking.
At the conclusion of this presentation, viewers will be better able to:
- Identify offenders’ tactics of coercive control tactics;
- Litigate the admission of other crimes, wrongs, and acts; and
- Analyze coercive control in relation to stalking.
Additional resources related to this episode:
- Prosecuting Image Exploitation by Jane Anderson, AEquitas Attorney Advisor, and Supriya Prasad
- The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t by Jane Anderson, AEquitas Attorney Advisor, and Kaofeng Lee
- Evidence of Other “Bad Acts” in Intimate Partner Violence, Sexual Violence, Stalking, and Human Trafficking Prosecutions by AEquitas
Intimate Partner Violence Foundations: Recognizing and Minimizing Barriers to 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 strategies for holding offenders accountable while prioritizing victims’ safety, privacy, and autonomy. The discussion highlights the different types of trauma a victim may experience, how an offender’s use of power and control can affect a victim’s ability to participate in the criminal justice process, methods for increasing victim participation, and strategies for holding the offender accountable when the victim is unable to participate.
At the conclusion of this presentation, viewers will be better able to:
- Identify how offenders inflict and compound trauma;
- Maximize victim participation by minimizing barriers; and
- Balance offender accountability with being victim-centered.
Additional resources related to this episode:
- Legal Jiu-Jitsu for Prosecutors in Intimate Partner Violence Cases: Forfeiture by Wrongdoing by Teresa M. Garvey, AEquitas Attorney Advisor Emeritus
- The Prosecutor’s Resource of Forfeiture by Wrongdoing by AEquitas
Intimate Partner Violence Foundations: The Power and Control Wheel: Spoke by Spoke
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 common dynamics of power in control in cases of intimate partner violence. John and Jane break down each spoke of the Power and Control Wheel to highlight how an understanding of these dynamics can guide victim interviews, support bail arguments, provide context for 404(b) motions, and help explain victim responses to juries.
At the conclusion of this episode, viewers will be better able to:
• Use the Power and Control Wheel to identify offender tactics;
• Present evidence of offender tactics; and
• Collaborate with allied professionals to develop appropriate safety plans.
Additional resources related to this episode:
- Video of co-creator, Ellen Pence discussing how the Power and Control Wheel was developed developed
- Additional versions of the wheel:
- Power and Control Wheel in Spanish – https://www.theduluthmodel.org/wp-content/uploads/2017/03/Poder-y-Control.pdf
- Power and Control Wheel for immigrant victims – https://s3.amazonaws.com/fwvcorp/wp-content/uploads/20160121105935/Power-control-wheel-eng-4-w-description.pdf
- Power and Control Wheel for LGBTQ+ individuals- http://www.ncdsv.org/images/TCFV_glbt_wheel.pdf
- Deaf Power & Control Wheel – http://www.deaf-hope.org/domestic-violence/power-and-control-wheel/
- Power and Control Wheel for Digital Abuse, created by Carrie Goldberg, Esq. https://www.cagoldberglaw.com/power-control-wheel/
The Sasha Center Model: Black Women’s Triangulation of Rape – http://sashacenter.org
Coercive ‘Love’: The Intersection between Intimate Partner Violence and Human Trafficking
Human traffickers control their victims through force, fraud, and coercion. In the case of intimate partner sex trafficking, these methods of control are uniquely manipulative and difficult to identify. Understanding the historical and circumstantial factors that lead to vulnerabilities exploited by traffickers in these relationships allows law enforcement and prosecutors to more successfully address and minimize harm to victims while effectively investigating and prosecuting human trafficking cases.
This presentation describes how, in addition to violence and threats, traffickers exploit feelings of love and loyalty to maintain power over their victims and perpetrate sex trafficking and related crimes. The presenters discuss the importance of identifying victims of intimate partner human trafficking to ensure victim safety and provide access to services and support, while at the same time articulating offender conduct to ensure they are held accountable for their actions.
Just Exits: Achieving Justice: The Prosecutor’s Role
The criminal justice system can serve as both an on-ramp to and an off-ramp from sex trafficking and exploitation. As gatekeepers within the criminal justice system, prosecutors are uniquely positioned to identify sexually exploited women and girls, make fair charging decisions, facilitate criminal record relief, and link survivors with services and support. In these ways, prosecutors can clear the way to a different life path and achieve justice for survivors.
The presenters bring their lived and professional experience to this presentation, which emphasizes prosecutors’ duties to achieve justice over convictions and to proactively remedy wrongful convictions. Presenters discuss strategies for engaging survivors, avoiding wrongful criminalization, and providing access to just criminal record relief.
