For a variety of reasons—officer safety, public accountability, evidence collection, and departmental transparency—an increasing number of police departments have adopted, or are considering adopting, the use of body-worn cameras (BWCs). While BWCs can provide helpful evidence in cases involving gender-based violence (GBV), their use may also adversely impact victim safety and privacy. This article discusses many of the issues law enforcement, prosecutors, and allied professionals must consider when BWCs are used in GBV investigations. The article describes the importance of multidisciplinary collaboration – at the local, state, and federal levels – in order to develop effective BWC policies that address victim safety, privacy, and autonomy. The article also addresses issues such as deactivation of a BWC at appropriate points during the investigation; privacy and safety considerations; discovery, redaction, protective orders limiting dissemination; and requests under freedom of information or open records statutes.
Identifying, Investigating, and Prosecuting Witness Intimidation in Cases of Sexual Abuse in Confinement
Regardless of the setting in which it occurs, witness intimidation is a chronic problem with devastating implications for victims and for the prosecution of crimes. Victims of sexual abuse in confinement are especially vulnerable to intimidation because they typically have fewer opportunities to escape from (or even avoid) their abusers. This article identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple, safe, and confidential points of entry for potential reporters. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The author also examines the potential for intimidation and violence over the course of multiple cases and across time in a single case, as well as policies and protocols that promote effective prosecution of these cases.
The Prosecutors’ Resource on Elder Abuse
This Prosecutors’ Resource is designed to assist with investigating and prosecuting cases involving abuse, neglect, and financial exploitation of an older victim. It includes foundational knowledge on the various forms and co-occurrence of elder abuse crimes, the characteristics of victims and perpetrators, the aging body, and issues of competency and capacity that will all inform prosecutors’ decision-making in cases and interactions with victims. This Prosecutors’ Resource also provides prosecution strategies for working with older victims and addresses the individual steps and considerations for prosecuting elder abuse cases from the initial interview and investigation through sentencing.
Enhancing Prosecutions of Human Trafficking and Related Violence Against Sexually Exploited Women
A strong response to violence against sexually exploited women is critical to closing existing gaps and enhancing community safety and offender accountability. Collaboration among prosecutors and allied professionals with relevant expertise (e.g., organized crime, narcotics, and gangs) enhances the identification of victims and perpetrators and the effectiveness of the response to these crimes. This article outlines seven strategies to help prosecutors develop or refine their response to recognize and respond to the interconnected sexual and physical violence perpetrated against trafficking victims and individuals who experience violence as a result of their exploitation.
Prosecuting Cases of Sexual Abuse in Confinement
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This article examines the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The issue discusses detailed strategy for prosecuting these cases, including investigation, dealing with gang involvement, and trial testimony.
Trial Strategies for the Prosecution of Sexual Abuse in Confinement
Trial strategies for sexual abuse in confinement cases require consistent and comprehensive approaches designed to keep the focus on offenders’ criminal behavior. Prosecutors need to work to overcome jury bias, contextualizing and explaining victim behavior, and developing a trial theme that recreates the reality of the crime and the unique venue in which it occurred. To achieve these goals, prosecutors must employ a victim-centered response, particularly when considering common victim behaviors encountered in sexual abuse cases, including delayed disclosure, minimization, recantation, and a hesitance or failure to participate in the investigation or prosecution of the offender. This webinar provides prosecutors with the tools they need to prosecute a case of sexual abuse in confinement by challenging participants to consider innovative strategies to overcome the barriers identified in various case-related scenarios. Participants should be better able to develop case-in-chief tactics, work with victims who recant or do not want to participate in the investigation or prosecution of their case, and combat common defenses.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Sexual Abuse in Confinement – An Introduction for Prosecutors
Sexual abuse in confinement has persistently presented tremendous challenges to investigators and prosecutors because of internal and external barriers to reporting, including the behaviors, actions, and decision-making power of first responders that may result in the failure to make an official report to law enforcement. Additional challenges include issues related to evidence collection and retention, identification of witnesses, and multi-level biases against inmates. This webinar provides an overview of the Prison Rape Elimination Act and national standards related to a victim-centered, offender-focused investigation and prosecution of a sexual abuse in confinement. The presenter discusses victim behaviors and the dynamics inherent to a correctional setting. It also focuses on offender tactics, including grooming, isolation, threats, concealment or destruction of evidence, intimidation, the use of allies, and other coercive tactics.
This webinar recording should qualify prosecutors for 1.5 hours of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Prosecuting Cases of Sexual Abuse in Confinement: A Case Study
Sexual abuse in confinement is a significant issue that extends beyond our nation’s detention facilities and jails. Misconceptions about and biases toward inmates who are crime victims can make cases of sexual abuse in confinement challenging to prosecute. To effectively investigate and prosecute these cases, it’s necessary for criminal justice professionals to understand the realities of a confinement setting as well as how to combat biases against inmates that will lead to credibility challenges that cast doubt on their testimony. This webinar highlights investigative and prosecutorial strategies through an actual case prosecuted at the local level. Examine details of the case from the initial report through the investigation and prosecution. Learn the benefits of the collaborative response as well as the prosecutor’s trial strategies and how these coordinated efforts resulted in a conviction.
Prosecuting Cases Involving Victims with Developmental Disabilities: A Focus on Sexual Assault
The traumatic impact of sexual assault may further exacerbate already-existing issues for victims with developmental disabilities. Their condition may affect their participation in a criminal investigation and testimony at trial. Prosecutors must be prepared to address the impact of the disability on the victim and on the dynamics of the crime, particularly when assessing the offender’s behaviors, victim selection, and steps taken to perpetrate the crime. This webinar helps prepare prosecutors to anticipate issues and evidence prior to trial, file and argue pretrial motions, develop trial strategies that take into account the victim’s intellectual/developmental disabilities and mental health issues, introduce relevant evidence at trial while excluding the irrelevant, and consider appropriate sentencing options.
This webinar recording should qualify prosecutors for 1 hour of continuing legal education (CLE) credits. Prosecutors are encouraged to contact their state bar association in reference to application requirements and related fees.
Pretrial Motions: Admitting and Excluding Evidence in the Prosecution of Sexual Abuse in Confinement
For cases involving sexual abuse in confinement, many of the same pretrial motions apply that are relevant to any sexual abuse case. Also applicable are motions directly related to confinement, including, for example, motions involving the criminal records of the defendant or victim, prison files, and other behavior or character evidence. Particularly in sexual abuse cases, prosecutors need to be proactive in filing motions to exclude irrelevant and misleading information and to admit crucial evidence in their case-in-chief. This webinar enables prosecutors and allied criminal justice professionals to better anticipate issues and evidence that need to be addressed prior to trial; file and argue pretrial motions; and respond to defense motions.
