Being Trafficked: What Prosecutors Need to Know About “the Life”

This article describes the pathways into exploitation and trafficking and the realities of the Life. It seeks to give context to the choices survivors make—or are unable to make—before and during their interactions with the criminal justice system. By examining survivors’ choices through the lens of their victimization, prosecutors will be better equipped to identify survivors, however they interact with the system; make informed prosecution decisions, and work with system partners to provide exit ramps from exploitation. Being Trafficked — What Prosecutors Need to Know About the Life

Stalking Charges: An Opportunity, Not an Afterthought [ESPAÑOL]

Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.

In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.

At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Stalking Charges: An Opportunity, Not an Afterthought

Stalking is pervasive. Every day, victims suffer immeasurable fear and distress over repeated, unwanted, and threatening conduct directed at them by their stalkers. Despite the frequency of stalking and its profound impact on victims, offenders are rarely held accountable by the criminal justice system. Many reports from victims — to family, friends, and law enforcement — are only taken seriously once stalkers escalate their behaviors and cause significant property damage, physical harm, or death. Sometimes, even victims themselves are unable to identify stalking behaviors, largely due to narrow societal and media depictions of what constitutes stalking.

In this webinar, participants are challenged to adopt a new paradigm of offender behavior. By viewing an offender’s conduct against a victim through a holistic—rather than episodic—lens, participants learn how stalking charges can provide the critical link between seemingly isolated instances. After discussing common stalking behaviors, which go far beyond pop culture stereotypes, presenters discuss how criminal justice system actors and allied professionals can enhance their response, including methods for investigating and prosecuting stalking offenses. Instead of considering stalking crimes to be too complex or as an afterthought to other offenses, participants will view these charges as key to holding offenders accountable for the full scope of their criminality.

At the end of this webinar, participants will be able to:
-Identify stalking offenses and dynamics
-Enhance the investigation and prosecution of stalking, both as a stand-alone offense and as a co-occurring offense
-Increase the safety of stalking victims

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and Grant No. Grant No. 2017-TA-AX-K074, both awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

From Jail, to Bail, to Sale: Trafficking and the Criminal Justice System

Traffickers target individuals whom they believe they can exploit with impunity – individuals who are accessible, vulnerable, and less likely to report their exploitation to law enforcement. As a result, individuals who have a criminal record, are under court supervision, or are otherwise subject to the authority of the criminal justice system are at higher risk for exploitation. Individuals who also struggle with addiction and substance use disorders are especially vulnerable to coercion. The Department of State’s Trafficking in Persons (TIP) Report has identified “participants in court-ordered substance use diversion programs” as individuals especially vulnerable to sex and labor trafficking, and recent news reports have validated this assertion. Likewise, the U.S. Department of Justice’s 2022 National Strategy to Combat Human Trafficking includes action items aimed at countering common trafficker tactics of manipulating and exploiting individuals with substance use disorders.

This presentation identifies trafficking schemes that involve recruitment from local jails and prisons, as well as from court-sanctioned treatment programs as an alternative to incarceration. The presenters focus on strategies to address victim safety concerns and investigate and prosecute trafficking that intersects with the criminal justice system. Throughout the discussion, the presenters underscore the importance of trauma-informed practices and a multidisciplinary response that includes meaningful access to survivor-led programing and low-barrier services, including appropriate healthcare.

Learning Objectives:
-Identify how traffickers identify, recruit, and coerce victims from jails, prisons, and court-ordered programs.
-Investigate and prosecute human trafficking cases in which victims have intersected with the criminal justice system.
-Collaborate with allied professionals to overcome barriers and provide meaningful access to justice for systems-involved victims.

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.

A Course of Exploitation: The Intersection of Stalking and Sex Trafficking

When offenders engage in a course of conduct that includes sexual exploitation, they perpetrate dangerous and often misidentified and misunderstood crimes, including stalking and sex trafficking. Both crimes are highly contextual in nature and require a nuanced analysis of the relationship between the offender and the victim, as well as the various tactics utilized by abusers to control, intimidate, and traumatize victims with impunity. Stalking behaviors are used to force or coerce individuals to engage in commercial sexual activities or to intimidate and prevent them from engaging with the criminal justice system.

Presenters explore the dynamics of stalking and sex trafficking. They focus on the importance of understanding the context in which both crimes occur and the common tactics used by perpetrators. This presentation provides strategies to improve the identification of these “course of conduct” crimes, increase offender accountability through successful investigations and prosecutions, and minimize further harm to victims and survivors by ensuring they are connected with meaningful services and tools to plan for their safety.

At the end of this presentation, participants will be better able to:
-Recognize the intersections between stalking and sexual exploitation
-Investigate and prosecute crimes of stalking and sexual exploitation
-Connect victims and survivors to meaningful services, including safety planning

 

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU and 2017-TA-AX-K074 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

Despite the volume of research and literature addressing sexual abuse perpetrated against a child by a family member, individuals inside and outside of the criminal justice system continue to misperceive common dynamics, misunderstand victim behavior, and minimize offender dangerousness. Judges and juries unfamiliar with the dynamics of sexual assault may overlook offenders’ grooming tactics or misperceive common victim reactions to abuse as evidence of the victim’s lack of credibility. Prosecutors handling these cases face unique challenges. This article contains ten strategies that will help prosecutors prepare and litigate cases of sexual abuse perpetrated against a child by a family member.

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.

Ten Strategies for Prosecuting Child Sexual Abuse at the Hands of a Family Member

Seeking Justice Through Sexual Violence Prosecutions

This article explains the problems that have arisen as a result of overreliance on conviction rates in cases of sexual violence. It identifies the core principles that should inform a model response to these crimes to further the goals of justice — i.e., offender accountability, victim well-being, and community safety. Finally, it discusses how prosecutors can broaden definitions of “success” in the prosecution of sexual violence, and how they can measure their current response as well as efforts toward improvement.

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.

Seeking Justice Through Sexual Violence Prosecutions

Upstream Violence Prevention: The Role of Extreme Risk Protection Orders in Mitigating Gun Violence

Extreme Risk Protection Orders (ERPOs), also known as Red Flag Laws, are a promising tool of intervention but are relatively unknown to prosecutors across the nation. ERPOs are court orders that temporarily restrict access to firearms for individuals at elevated risk of harming themselves or others. As caseloads swell and rates of violence surge, prosecutors, law enforcement, and advocates can learn about and begin to deploy tools that can help mitigate and prevent future harm upstream— when warning signs first come to light.

This presentation is led by national experts from the Regional Domestic Violence Firearms Enforcement Unit of the King County, Washington Prosecuting Attorney’s Office and the Johns Hopkins Bloomberg School of Public Health. Presenters discuss how criminal justice professionals can utilize ERPOs to restrict firearm access for individuals exhibiting a wide variety of high-risk behaviors. They also explore the efficacy of ERPOS to reduce gun violence.

As a result of this presentation, participants will be better able to:
-Understand the purpose and scope of extreme risk protective orders
-Incorporate extreme risk protective orders into existing protective order practice

Foundations of Sexual Violence Prosecutions: Seeking Justice with DNA

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 DNA evidence can enhance sexual violence investigations and prosecutions, including cases in which the offender is known. They discuss how DNA can uncover serial and cross-over offenders, advanced technologies in the field of DNA forensics, and how to admit DNA evidence and expert testimony at trial.

At the conclusion of this episode, viewers will be better able to:
– Describe how DNA evidence can illustrate the dangerousness of offenders
– Admit expert testimony to present DNA evidence and educate the jury
– Link the offender to the victim and crime scene through DNA evidence

Additional resources related to this episode:
DNA 101 – Mixtures, Statistics, and Methodologies: Science and Application to Investigation and Prosecution
DNA Testing, Workflow, Collaboration, and Options
Advancing Justice with Case Review and Informed Strategies for DNA Testing

 

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.

Foundations of Sexual Violence Prosecutions: Alcohol-Facilitated Sexual Assault

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 Jonathan Kurland explore how to analyze and prosecute cases of alcohol-facilitated sexual assault. They discuss how toxicology experts can provide invaluable insight into the nature of the assault, corroborate and explain other evidence, and help prosecutors combat common defenses at trial.

At the conclusion of this episode, viewers will be better able to:
– Work with experts to explain the measurement and analysis of intoxicating substances and prescription medications present in a person’s body or to explain their absence
– Recognize offender premeditation and predatory conduct regarding alcohol
– Collaborate with allied professionals to build a victim-centered response that incorporates offender-focused strategies

Additional resources related to this episode:
– Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Parts 1 and 2 (webinars)
Alcohol-Facilitated Sexual Assault: A Survey of the Law (article)
– Prosecuting Alcohol Facilitated Sexual Assault (publication)
– Alcohol Toxicology for Prosecutors (publication)

 

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.