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Justice Systems from a Child’s Perspective: Supporting Young Trafficking Survivors

This webinar highlights the Center for Court Innovation’s (CCI) Child Witness Materials Development Project, an initiative funded by the Office for Victims of Crime (OVC) and a partner project of AEquitas. In 2021, OVC published a package of support materials for child victims and witnesses of crime that CCI had created, and in January 2022, OVC published an additional package of interactive support materials specifically for youth who have experienced human trafficking. A multidisciplinary group of national trafficking experts with professional and and lived experience contributed to the design and development of these materials.

In this webinar, participants learn more about how young trafficking survivors experience the justice system, and how they can address youth’s needs and provide developmentally-appropriate information and emotional support. Participants learn how to effectively use the Child Witness materials in their roles so youth feel more informed and empowered as they navigate their own healing process in addition to navigating the system.

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Self-Collected Sexual Assault Kits: Assessing and Mitigating the Risks

This article focuses on self-collected sexual assault kits—sometimes known as “do-it-yourself” or “DIY” kits— that are self-administered post-assault and involve the collection and preservation of evidence from the body in a non-medical setting. It examines the rationale behind self-collected kits for victims of sexual violence who state that they want to address their trauma outside the healthcare and criminal justice systems; the challenges self-collected kits present for prosecutors; and the limitations of self-collected kits to provide critical victim care, treatment, and support traditionally provided through the sexual assault medical forensic exam (SAMFE) process. The authors discuss the available alternatives for those circumstances in which self-collected kits may be perceived to be the best available option. Finally, where self-collected kits have been used, the authors offer strategies to mitigate the evidentiary, advocacy, and legal challenges they present. SIB38_Jan22

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Intimate Partner Violence Foundations: Moving Towards Justice

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV).  In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV. 

In this episode, Jane and Attorney Advisor Patti Powers discuss how motions practice can protect victims and advance prosecutions. They explore methods for analyzing cases to determine issues suitable for pretrial motion practice; ways to educate judges on novel legal and factual issues; and strategies for litigating motions to promote victim safety and privacy.

At the conclusion of this presentation, viewers will be better able to:

  • File pretrial motions consistent with litigation strategy;
  • Educate the judge; and
  • Focus on protecting victims and holding the offender accountable.

Additional resources related to this episode:

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Intimate Partner Violence Foundations: Bringing the Victim’s Voice into the Courtroom

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV).  In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV. 

In this episode, Jane and Attorney Advisor Jon Kurland discuss how to successfully prosecute cases of domestic violence, regardless of whether the victim is available to testify at trial. They discuss how to use the rules of evidence to litigate the admission of victims’ out-of-court statements and the ways in which expert witnesses can educate the judge and the jury on victim behavior and the effects of trauma.

At the conclusion of this presentation, viewers will be better able to:

  • Use jury selection as an opportunity to educate the jury;
  • Litigate the admission of victim statements; and
  • Offer expert testimony to explain victim behavior and provide context.

Additional resources related to this episode:

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Intimate Partner Violence Foundations: Collaboration is Key: Working with Law Enforcement

This webinar is part of a 10-episode podcast-style series focused on the foundational elements of prosecuting intimate partner violence cases (IPV). In each episode, AEquitas Attorney Advisor Jane Anderson engages in conversations with other AEquitas staff, former prosecutors with years of experience prosecuting IPV. 

In this episode, Jane and Attorney Advisor Jon Kurland discuss the importance of working closely with law enforcement to build and successfully prosecute IPV cases. They identify opportunities for enhanced collaboration, discuss methods for building evidence-based investigations and prosecutions, and emphasize how collaboration can help prosecutors comply with discovery and due process requirements.

At the conclusion of this presentation, viewers will be better able to:

  • Identify opportunities to enhance collaboration;
  • Communicate to build trust between law enforcement and prosecutors; and
  • Leverage collaborative relationships to enhance victim safety and participation.

Additional resources related to this episode:

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Coercive ‘Love’: The Intersection between Intimate Partner Violence and Human Trafficking

Human traffickers control their victims through force, fraud, and coercion. In the case of intimate partner sex trafficking, these methods of control are uniquely manipulative and difficult to identify. Understanding the historical and circumstantial factors that lead to vulnerabilities exploited by traffickers in these relationships allows law enforcement and prosecutors to more successfully address and minimize harm to victims while effectively investigating and prosecuting human trafficking cases.

This presentation describes how, in addition to violence and threats, traffickers exploit feelings of love and loyalty to maintain power over their victims and perpetrate sex trafficking and related crimes. The presenters discuss the importance of identifying victims of intimate partner human trafficking to ensure victim safety and provide access to services and support, while at the same time articulating offender conduct to ensure they are held accountable for their actions.

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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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Proactive Prosecution: Protecting the Record and Overcoming Pre-Trial Issues During COVID-19

The COVID-19 pandemic has raised new issues and exacerbated persisting challenges for prosecutors, who are consistently faced with the task of preparing cases that are victim-centered, sensitive to constitutional guarantees, and resilient to vulnerabilities on appeal. Virtual hearings and other accommodations made to criminal justice processes in light of COVID-19 implicate concerns related to the rights of victims and defendants, as well as the public’s right to open and accessible proceedings. Issues related to pre-trial detention and potential continuances also take on new dimensions during the pandemic. Furthermore, the uncertainty caused by COVID-19, and the complexity it adds to cases, lends itself to the litigation of novel defense motions and challenges. An effective response to this unprecedented time requires proactive consideration of statutes and case law and also engages fundamental principles of pre-trial practice.

This webinar addresses potential legal issues raised by the COVID-19 pandemic and discusses strategies to prepare for defense challenges and mitigate appellate exposure.

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Criminal Jury Trials During COVID-19: Prosecution Leadership for a New Era

This webinar addresses the potential impact of pandemic safety measures on criminal jury trials and strategies for protecting the integrity of the proceedings. Presenters discuss strategies for triaging delayed cases; considerations of constitutional rights, including the 6th amendment right to a speedy and public trial, the 6th amendment right to confrontation,  and the 1st amendment freedom of the press; the use of juror questionnaires as a way to minimize potential exposure to COVID-19 during jury selection; and methods for adapting prosecution strategies to virtual platforms.

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Digital Evidence Part I: The Investigative Stage — Recognition, Collection, Search

This two-part webinar series presented by the Denver District Attorney’s Office, in partnership with AEquitas, explores the scope of data available from sources of digital evidence and strategies on how such data can effectively be developed with forensically-sound practices. Presenters discuss theories of admission, rules of evidence, and “real life” examples to demonstrate how to properly authenticate and introduce digital evidence in court proceedings. Part I of the series explores the different types and sources of electronic data that are available to investigators; how such data can be properly collected, regardless of whether it is in a physical device or electronic records; and methods to facilitate searching and seizing data.