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Foundations of Sexual Violence Prosecutions: Alcohol-Facilitated Sexual Assault

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 Jonathan Kurland explore how to analyze and prosecute cases of alcohol-facilitated sexual assault. They discuss how toxicology experts can provide invaluable insight into the nature of the assault, corroborate and explain other evidence, and help prosecutors combat common defenses at trial.

At the conclusion of this episode, viewers will be better able to:
– Work with experts to explain the measurement and analysis of intoxicating substances and prescription medications present in a person’s body or to explain their absence
– Recognize offender premeditation and predatory conduct regarding alcohol
– Collaborate with allied professionals to build a victim-centered response that incorporates offender-focused strategies

Additional resources related to this episode:
– Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Parts 1 and 2 (webinars)
– Alcohol-Facilitated Sexual Assault: A Survey of the Law (article)
– Prosecuting Alcohol Facilitated Sexual Assault (publication)
– Alcohol Toxicology for Prosecutors (publication)

 

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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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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Opioids and Drug Delivery Resulting in Death

The opioid epidemic has devastated communities across the United States, resulting in hundreds of thousands of lives lost in the past two decades. In response, state and local prosecutors have taken a multifaceted approach to the crisis: diverting defendants with substance abuse issues from traditional prosecution, educating  communities about the dangers of opioid addiction; and increasingly, seeking to hold drug traffickers and dealers accountable for the deaths they cause. This webinar will spotlight one office’s efforts to tackle the opioid crisis. Tonya Lupinacci of the Montgomery County District Attorney’s Office in Norristown, PA will discuss strategies that are broadly applicable to jurisdictions across the country, with a special emphasis on prosecuting Drug Delivery Resulting in Death and similar crimes. The session will focus on the evidence necessary for building these cases, theories of offender liability, and effective presentation of evidence at trial.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 2 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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Alcohol-Facilitated Sexual Assault: Who Needs Force When You Have Alcohol? Part 1 of 2

Alcohol is the most common weapon used to facilitate sexual assault. Offenders use alcohol because it renders victims vulnerable, affects memory, and impairs judgment and physical ability. Its unique toxicological effects, widespread use, and ease of consumption make it ideal for offenders who commit sexual assaults. This two-part presentation will explore common issues and challenges related to the investigation and prosecution of sexual assault cases where alcohol is present. More specifically, it will focus on identifying corroborating evidence, interviewing victims, basic toxicology, the effect of societal attitudes about alcohol on determinations of victim credibility, and trial strategies. In addition, this presentation will promote a victim-centered response that incorporates offender-focused strategies for an effective trauma-informed investigation and prosecution. Throughout the discussion, the presenters will discuss how strategies may be implicated and altered by social distancing measures currently in place in response to COVID-19.

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Human Trafficking and Toxicology

Human traffickers control their victims through force, fraud, and/or coercion. Coercion, specifically, can take many forms, including seeking out vulnerable victims facing substance abuse. In other cases, traffickers may introduce victims to drugs and alcohol to facilitate their crimes and establish additional control. Understanding basic toxicology better allows law enforcement, prosecutors, and medical professionals to recognize how drugs and alcohol affect a victim’s ability to disclose, participate in the criminal justice system, and recover from the trauma of trafficking.

This presentation will identify common dynamics in sex and labor trafficking and describe how drugs and alcohol are used to assert and maintain control over victims and perpetrate trafficking and trafficking related crimes. The presenter will discuss the importance of and strategies for collaborating with medical professionals to identify drug-facilitated human trafficking, provide much needed care, and educate other allied professionals about the effects of drug use in the context of trafficking dynamics

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Drugs as Coercion: Human Trafficking and Toxicology

Human traffickers control their victims through force, fraud, and/or coercion. Coercion, specifically, can take many forms, including seeking out vulnerable victims facing substance abuse. In other cases, traffickers may introduce victims to drugs and alcohol to facilitate their crimes and establish additional control. Understanding basic toxicology better allows law enforcement, prosecutors, and medical professionals to recognize how drugs and alcohol affect a victims’ ability to disclose, participate in the criminal justice system, and recover from the trauma of trafficking.

This webinar recording will identify common dynamics in sex and labor trafficking and describe how drugs and alcohol are used to assert and maintain control over victims and perpetrate trafficking and trafficking-related crimes. The presenter discusses the importance of and strategies for collaborating with service providers and medical professionals to identify drug-facilitated human trafficking, provide much-needed care, and educate other allied professionals about the effects of drug use in the context of trafficking dynamics.

Allied justice system professionals including (but not limited to) prosecutors, law enforcement officers, community-based service providers, probation and parole officers, judges, etc. are encouraged to view the recording.

CLE Credits
This 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.

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A Prosecutor’s Reference – Medical Evidence and the Role of Sexual Assault Nurse Examiners in Cases Involving Adult Victims

Prosecutors should consider the potential testimony that can be provided by Sexual Assault Nurse and Sexual Assault Forensic Examiners (SANEs/SAFEs). This monographs evaluates studies that show connections between medical-forensic examination and evidence collection and more positive criminal justice outcomes, leading prosecutors to consider the potential testimony that can be provided by these kinds of medical experts.

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