Charging Considerations for the Prosecution of Rape Following a Revocation of Consent
Rape and Sexual Assault Analyses and Laws: Part II
Charging Considerations in the Prosecution of Marital Rape
The Prosecutors’ Resource on Sexual Violence Cases Involving Victims with Intellectual Disabilities
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.
Reaching a Verdict: Guiding the Jury’s Response to the Evidence
After being thrust into an unfamiliar role in a complex system that is often equally unfamiliar, jurors in sexual assault cases face the daunting task of reaching a just verdict for a crime that is shrouded in misconceptions. In this foreign terrain, prosecutors serve as a trusted guide—pointing out familiar landmarks of personal experience and presenting witnesses and other evidence in a manner that makes them both understandable and relatable. By assisting jurors in forming personal connections to the evidence, the prosecutor can remove obstacles that might otherwise block the jury’s path to a just finding of guilt.
This presentation will discuss ways to focus the jury’s attention on the evidence in a manner that accurately conveys the reality of sexual assault and assists jurors in rendering a fair and just verdict—beginning with jury selection and continuing through opening statement, presentation of evidence, and summation.
Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.
CLE Credits
This one-hour webinar recording should qualify prosecutors for one (1.0) hour of continuing legal education credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
National Sexual Assault Conference (NSAC)
SPARC Director Jennifer Landhuis presented “Identifying and Responding to Victims of Sexual Assault Who Experience Stalking” on behalf of the Califorina Coalition Against Sexual Assault (CALCASA) in Anaheim, Califorina to an audience of sexual assault/domestic violence program staff, law enforcement, and prosecutors.
Rape Shield
We have developed three individual resources on rape shield, to include a survey of United States statutes, a collection of relevant case law, and a chart surveying the rules of admissibility across the country.
Statute of Limitations for Sexual Assault Offenses
This resources includes an analysis of and the law on statutes of limitations for sexual offenses in the 50 states, District of Columbia, U.S. Territories, Military, and federal jurisdictions.
Sexual Abuse in Confinement
This resource comprises a variety of cases from each state and also federal jurisdictions that involve criminal or administrative proceedings in which sexual abuse in confinement is a factor. These types of cases include: criminal cases in which some form of sexual abuse in confinement was charged or was raised as a defense; administrative disciplinary proceedings against inmates or staff involving allegations of sexual abuse in confinement; criminal cases in which evidence of the defendant’s prior acts of sexual abuse in confinement were presented for purposes of sentencing; appeals of post-sentence civil commitment proceedings in which evidence included acts of sexual abuse committed while in confinement; and civil cases presenting issues as to the investigation and response to reports of sexual abuse in confinement. This digest also includes case law from each state and federal jurisdiction.
