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Legal Jiu Jitsu: Combatting Witness Intimidation in Human Trafficking Cases

Human trafficking often morphs into witness intimidation once investigations and prosecutions are initiated. In collaboration with law enforcement and victim services, prosecutors can both support victim participation and identify evidence that can be used against traffickers to strengthen cases of sex and labor trafficking.

This presentation adheres to the core philosophy of jiu-jitsu which is to use the opponent’s force against themselves. When combating witness intimidation in tandem with human trafficking, prosecutors and law enforcement can take one of the most pervasive tools used by traffickers to quiet their victims to instead, bring the victim’s voice into court via forfeiture by wrongdoing. The presenter discusses strategies to protect victims and strategies to bring their voices into the courtroom when traffickers have relied on witness intimidation to prevent them from testifying.

At the conclusion of the presentation, participants will be better able to:
-Support victim participation in sex and labor trafficking cases
-Minimize and respond to witness intimidation
-Litigate the admission of statements under forfeiture by wrongdoing

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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Threat Assessments

This session, recorded as part of a two-day virtual Witness Intimidation Convening, focuses on methods for assessing threats against victims and witnesses of crime. Rick Harris, Senior Criminal Investigator of the Denver District Attorney’s Office (Denver DA), and Steve Siegel, independent consultant and former director of Denver DA’s Special Programs Unit, discuss how to assess the credibility of threats, resources and tools that facilitate threat assessments, working with candidates for witness protection, and strategies for maximizing the success of witness protection programs.

This event is supported by Grant No. 2020-YX-BX-K001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions discussed during this event are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.

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United States v. Rahimi, No 22-915, United States Supreme Court, Brief of AEquitas as Amicus Curiae in Support of Petitioner

On February 2, 2023, the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment. On June 30, 2023, the U.S. Supreme Court granted the government’s petition for a writ of certiorari in the case. If upheld, Rahimi will have a significant impact on the assignment and enforcement of domestic violence protection orders across the country.

On August 21, 2023, AEquitas submitted an amicus brief in support of the U.S. government’s appeal of the Fifth Circuit’s decision. The brief underscores the dangers posed by domestic violence offenders, particularly those who have access to firearms; discusses the importance of civil protection order processes to keep victims safe and reduce opportunities for witness intimidation while a criminal prosecution is pending; supports the government’s arguments regarding the ample historical precedent for laws like §922(g)(8); and highlights other constitutional rights that are forfeited in the context of an individual’s wrongdoing.Agriculture’s Growing Problem

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Keep Calm and Understand United States v. Rahimi

On February 2, 2023, the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment. On June 30, 2023, the U.S. Supreme Court granted the government’s petition for a writ of certiorari in the case. If upheld, Rahimi will have a significant impact on the assignment and enforcement of domestic violence protection orders across the country.

This Strategies Newsletter unpacks the Fifth Circuit’s decision in Rahimi, as well as the Second Amendment jurisprudence that preceded it. It provides strategies for Texas, Louisiana, and Mississippi prosecutors currently facing the fallout of the Rahimi decision in the courtroom. It also provides prosecutors from other jurisdictions with ways to rebut defense attorneys’ Rahimi-based arguments. While this decision may seem to be a catastrophic development for victims of domestic violence, a careful review of the Supreme Court precedent on which the Rahimi decision was based will allow prosecutors to better anticipate defense arguments and implement strategies to ensure the continued protection of victims.United States v. Rahimi, No 22-915, United States Supreme Court, Brief of AEquitas as Amicus Curiae in Support of Petitioner

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Agriculture’s Growing Problem: Investigating and Prosecuting Labor Trafficking and Co-Occurring Crimes in the Illicit Cannabis Industry

Despite the recent legalization of cannabis cultivation, possession, and use in many states across the country, the illicit market for the drug is still booming. The illicit cannabis industry is causing profound harm to the communities in which it operates—harm that goes far beyond simply producing off-the-books marijuana. Illicit market growers often seek to sidestep agricultural and worker regulations, causing widespread environmental harms, including blackouts, water theft, damage to flora and fauna, poisoned waterbeds, and wildfires. The human cost of illicit cannabis growth is even greater. Across the country, investigators have discovered laborers who have been forced to work in inhumane conditions—often without pay—and in close proximity to dangerous chemicals at illegal cannabis cultivation sites. Workers are often threatened with physical violence or deportation if they report to authorities.

 

Pursuing these crimes often requires a specialized skill set among prosecutors and investigators. This Strategies Newsletter demonstrates how investigators and prosecutors, working in conjunction with local and federal stakeholders, can ensure that labor traffickers in the illicit marijuana industry are held accountable for the full range of their conduct.Agriculture’s Growing Problem

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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.

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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.

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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.

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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

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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.