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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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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: 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:

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Intimate Partner Violence Foundations: Collaboration is Key: Working with Victim Service Professionals

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 the importance of working closely with victim service professionals in intimate partner violence cases. They explore how prosecutors and victim service professionals can work collaboratively to ease common tension points while protecting victim privacy and ensuring that survivors have meaningful access to services.

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

  • Identify opportunities to enhance collaboration;
  • Communicate to build trust between victim services professionals and prosecutors; and
  • Leverage collaborative relationships to enhance victim safety and participation.

Additional resources related to this episode:

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The Prosecutors’ Guide for Reducing Violence and Building Safer Communities

This Guide discusses the essential capabilities necessary for a prosecutor’s office to effectively prevent and respond to crimes of violence. It suggests practices that are customizable and scalable, from foundational to enhanced, depending on an office’s available resources and experiences, as well as jurisdiction-specific needs and challenges . This Guide is intended to enable the executives responsible for operating a prosecutor’s office to identify policies and practices that can be readily implemented, as well as those that represent actionable goals to work toward. Every prosecutor’s office — whether a small tribal or rural office, a mid-sized suburban office, or a large office serving a major metropolitan area — can build the capacity to improve its response to violent crime by systematically incorporating promising practices that will harness all available resources to achieve the goal of a safer community.Prosecutors Guide for Reducing Violence and Building Safer Communities

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A Prosecutor’s Quick Guide to Opioid Overdose Investigations

This is a summary of a comprehensive resource entitled Seeking Justice and Solutions: A Prosecutor’s Guide to Opioid Overdose Investigations. This Quick Guide provides an overview of areas for consideration, including investigative steps and prosecutorial decision-making. The full Guide provides further discussion of these topics, various examples of how prosecutors’ offices of all sizes have addressed these complex issues, and a self-survey to evaluate an office’s capacity to respond to overdoses.

 

A Prosecutor’s Quick Guide to Opioid Overdose Investigations

 

 

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Seeking Justice and Solutions: A Prosecutor’s Guide to Opioid Overdose Investigations

The opioid epidemic has presented prosecutors with new challenges and questions.  “We can’t arrest our way out of this problem” is the new tagline of the epidemic. Through the opioid crisis may be the result of criminal actions by pharmaceutical companies, profit-driven drug sellers, and corrupt physicians, modern prosecutors acknowledge that addiction itself is a medical condition, not a crime. The prosecutor is faced with decisions on two fronts, how to address the criminal activity of drug sellers and how to treat the medical issues of drug users. There is no simple answer. The goal of this guide is to provide options and to highlight innovative, effective strategies for improving prosecutors’ responses to overdose deaths. These responses range from providing access to treatment to prosecuting overdose deaths as homicides.Seeking Justice and Solutions- A Prosecutor’s Guide to Opioid Overdose Investigations