Combating Witness Intimidation
Truth-Detection Devices and Victims of Sexual Violence: A Shortcut to Injustice
An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.
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.
Justice for Victims Behind Bars Improving the Response to Cases of Sexual Abuse in Confinement
To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
The Internet & Intimate Partner Violence: Technology Changes, Abuse Doesn’t
Although intimate partner abuse and harassment perpetrated through technology can look different than in-person abuse or harassment, the goals and motives are still the same: power and control. Technology allows an abuser to assert that power and control by keeping tabs on their partner – by knowing who the survivor talks to, what they do, and where they go. This is a key aspect of control. Because so many people live their lives on the Internet, it is a treasure trove of information, allowing abusers to stay informed and in control of their victims. This Strategies Newsletter provides an overview of online abuse and offers solutions for documenting the abuse, supporting survivors, and holding offenders accountable.
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SAJI Annotated Bibliography (June 2017)
This bibliography provides an extensive list of studies, best practices, strategies and other resources to support the prosecution of sexual assault, from the victim’s initial report through trial. The annotations offer overviews for every source on topics such as: performance measures, conviction rates, standards of practice, criminal justice reform, promising practices, investigation, responding to witnesses, pretrial, and trial strategies.
Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions Part I
Domestic violence and sexual assault crimes are among the most sensitive and challenging cases to investigate and prosecute. They involve extremely personal information, which the prosecution needs and the defense may demand, and which victims are understandably reluctant to share. The purpose of this article is to help criminal justice professionals understand what kinds of information victims generally consider to be private and to facilitate their ability to explain—to victims and other professionals—what information is legally protected as private. This Strategies article is Part I of a two-part series addressing two types of legally protected information: confidentiality and privilege. Part I provides an overview of confidentiality to assist prosecutors in balancing offender accountability with the safety needs and expectations of victims during criminal investigations and prosecutions.
Walking A Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions Part II
Part II of this series on protecting victim privacy in domestic abuse and sexual assault cases discusses common statutory or evidentiary privileges and the scenarios in which conflicts with these privileges may arise. The article also provides prosecutors with strategies to protect privileges when the privacy interests of victims may outweigh the obligation to disclose.
Prosecuting Image Exploitation
Image exploitation involves the non-consensual creation, possession, or distribution of an image or images depicting victims engaged in consensual sexual activity or being sexually assaulted. As technology continues to evolve more quickly than the law, image exploitation crimes are being addressed by a patchwork of criminal laws. This Strategies Newsletter gives prosecutors insight on how to respond to this complex crime and to hold offenders accountable under imperfect or untested laws. The article explores the various forms of image exploitation and the types of statutes under which this abuse can be prosecuted.
