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State, Meet Federal: Prosecuting Law Enforcement Involved Sexual Violence

Those who commit crimes involving sexual violence often exploit the disparate power dynamic between victim and offender — whether the relationship is between teacher and student; producer and actor; coach and athlete; or law enforcement officer and arrestee, probationer, or inmate. By wielding weapons of authority, the perpetrator leaves the victim with little choice but to submit to sexual acts and stay quiet in the aftermath, fearing that they will be disbelieved or blamed if they try to report it. This is especially true in the law enforcement context, where victims are usually in the custody of their offender and have a history of criminal activity, which often has an impact on their credibility in the eyes of untrained professionals, juries, and the public.

This presentation addresses the reaches of federal jurisdiction to prosecute sexual violence by those acting under color of law at all levels of government. It discusses how coordination among federal and state authorities can enhance investigations into reports of sexual violence, and if the evidence permits, help determine in which jurisdiction to bring charges. It further focuses on three critical Federal Rules of Evidence that can be used to corroborate a victim’s account and build a strong case — even where there is no physical evidence or eyewitness testimony.

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Forced Criminality: Understanding Human Trafficking Through the Lens of Utah’s Victor Rax Case

 As human trafficking awareness has risen across the United States and the globe, there are still blind spots that prevent law enforcement from recognizing the exploitation of the most vulnerable people in the their communities. To bridge this disconnect, law enforcement must learn to see abusive and exploitative circumstances through a human trafficking lens, even if those circumstances do not match how movies, television shows, or even well-meaning awareness campaigns portray human trafficking within the United States. The reality of human trafficking is that it most commonly involves an offender who positions themselves as trustworthy and then identifies, recruits, and exploits vulnerable individuals to turn a profit. These same tactics used to identify, recruit,, and coerce victims are also designed to allow the trafficker to escape accountability. However, as Utah’s case against the prolific trafficker Victor Rax illustrates, when law enforcement, prosecutors, and victim service professionals collaborate, human trafficking in all its forms can be identified, offenders can be arrested and charged, and victims can be supported to start rebuilding their lives.Forced Criminality Through the Lens of the Victor Rax Case

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Confronting Racial Bias Against Black and African American Victims in the Prosecution of Sexual Violence, Domestic Violence, Stalking, and Human Trafficking

The history of racial discrimination against Black Americans in the United States created structural barriers and inequalities that Black women continue to face as victims of sexual violence, intimate partner violence, stalking, and human trafficking.. The article offers examples of how racial bias has shaped the criminal justice response to these crimes and provides prosecutors with tangible tools for eradicating biases against Black victims. Confronting-Racial-Bias-Against-Black-and-African-American-Victims

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Just Exits: Assessing Culpability: Context Before Conviction

Human traffickers assert force, fraud, and coercion against victims in order to profit from commercial sex or forced labor or services. Offenders use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control too often allows traffickers to escape accountability.  This presentation is designed to improve responses to trafficking and exploitation while ensuring that victims are not inappropriately charged with crimes they are forced to commit.

 

Collaboration is key to any response to trafficking and exploitation, but imperative where the complexity of victim-offender dynamics is not easily understood or revealed.  This presentation provides law enforcement and prosecutors with strategies to uncover the reality of the victim’s involvement in the trafficking organization or within the exploitation dynamic. Presenters provide a framework for assessing the culpability of individuals who may initially be identified as both victims and defendants. They also provide suggestions to assist prosecutors in making ethical and appropriate immunity and charging decisions as well as designing appropriate dispositions.

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Just Exits: Being Trafficked: What You Need to Know About “the Life”

The criminal justice system can serve as both an on ramp to and an off ramp from sexual exploitation. To minimize on ramps and maximize off ramps, we must first understand the complex nature of sex trafficking and exploitation. Traffickers prey upon vulnerabilities that are often historic and systemic in nature.  They use a variety of tactics designed to ensure that victims will do what they are told without resistance, questioning, or disclosure to law enforcement. This physical, psychological, emotional, and spiritual control over victims too often allows traffickers to escape accountability.  This presentation is designed to improve our understanding of what it is like to be sexually exploited and to illustrate how we can improve our response to victims, who often do not see the criminal justice system as a viable off ramp from “the Life”.

The presenters bring their lived and professional experience to this presentation, which will focus on factors that impact entry into “the Life”, the realities of sexual exploitation and trafficking, and the factors that impede or delay exits.  The presentation will provide criminal justice professionals with tools for identifying individuals vulnerable to exploitation, limiting on-ramps, and providing viable off-ramps to achieve justice for survivors.

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Part III: The Principles of Witness Protection

Join AEquitas for the third of a three-part webinar series that explores the ways in which offenders and their allies intimidate victims and witnesses of crime, the effects of intimidation on the criminal justice system response, and the methods for preventing and responding to witness intimidation. Part III of the series focuses on the principles of witness protection, which include tactical considerations, addressing the trauma to the victim/witness, and supporting lifestyle changes. The presenter discusses the importance of determining whether an imminent and credible threat against the life of a victim/witness exists by utilizing a dynamic screening and threat assessment tool, understanding the impact of trauma on the path to change, and recognizing the signs of trauma in clients, families, staff, and others.

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Confronting Racial Bias & Implementing Strategies to Ensure Justice in the Prosecution of Sexual Violence, Domestic Violence, Stalking, and Human Trafficking

This web-based panel is hosted by AEquitas and the National Black Prosecutors Association and explores the ways in which bias against Black women affects the investigation and prosecution of sexual assault, domestic violence, stalking, and human trafficking. Panelists address the following topics:

-Effects of inequalities and challenges that Black women uniquely face as victims of sexual assault, domestic violence, stalking, and human trafficking;

-Barriers to reporting crimes—such as bias and stereotypes held by law enforcement prosecutors, judges, and jurors— which can translate into disparate outcomes for victims through unfair credibility determinations; 

-The impact of bias on the accuracy of assessments of the probability of conviction in cases, and the collateral consequences on a victim’s ability to seek restoration; 

-The necessary commitment offices must make to eradicate implicit bias among its staff and enhance recruitment, mentorship, and support for individuals who are Black and/or African American and people of color; and

-Strategies for prosecutors’ offices to enhance justice for victims by engaging in cultural humility, promoting criminal record relief, improving training, and ensuring accountability reinforced by data.

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Gang-Related Violence Against Women

Gangs are notorious for perpetrating firearm- and drug-related offenses, but many gangs and their members also regularly engage in violence against women, including rape, physical violence, and human trafficking. Gang members use physical and sexual violence to control their victims and the communities within which they operate. Additionally, some gangs engage in trafficking to exploit gang members and non-members to increase gang profits. The pervasive nature of gang-related violence, combined with gang members’ habitual intimidation of victims and witnesses, present unique challenges to the effective investigation and prosecution of these cases.

This presentation discusses tangible strategies for improving the identification, investigation, and prosecution of gang-related violence against women. The presenter explores collaborative methods for supporting victims, enhancing community safety, holding gang offenders accountable, and preventing and effectively responding to witness intimidation.

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Overcoming the Consent Defense: Prosecuting Known Offenders

This presentation will address the challenges inherent in prosecuting known offenders and alcohol-facilitated sexual assault, with an emphasis on overcoming the consent defense. The presentation will examine offender characteristics, motivations, and behaviors as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including the importance of 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 at trial.