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Justice for Victims Behind Bars: Improving the Response to Cases of Sexual Abuse in Confinement

The passage of the Prison Rape Elimination Act (PREA) in 2003 created not only a requirement that jurisdictions prevent and respond to incidents of sexual abuse in confinement, but firmly planted sexual abuse in confinement on the list of critical issues for criminal justice system officials across the country. This resource gives an overview of the PREA standards and outlines what an appropriate response to cases of sexual abuse in confinement requires. Professionals require relevant information on the PREA Standards, an understanding of the dynamics of sexual abuse (particularly those dynamics specific to abuse in the confinement setting), and collaboration among the professionals in the jurisdiction. The criminal justice system should consider victims’ safety, privacy, and well-being throughout the process, while ensuring they have access to information and services. Such a response keeps the focus on the actions, behaviors, characteristics, and intent of the abuser.

Justice for Victims Behind Bars Improving the Response to Cases of Sexual Abuse in Confinement

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Responding to Stalking: A Guide for Prosecutors

Stalking affects 7.5 million people in the United States a year, with 15 percent of women and 6 percent of men being stalked in their lifetime. Stalking entails repeat victimization because it constitutes a series of acts rather than a single incident and it can cause sustained and repeated emotional distress. This guide is a resource for prosecutors in stalking cases. It provides an overview of stalking and suggests best practices for prosecuting offenders. It should be used as a guide for attorneys to support their own research and for problem-solving in prosecuting these types of cases.

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Benefits of a Coordinated Community Response to Sexual Violence

When medical, legal, and victim advocacy systems work together, they provide better, more effective services to victims. This article outlines the importance of multidisciplinary responses as a way to help survivors understand the breadth of available community resources and services. The authors also demonstrate how coordinated responses to sexual violence result in holding offenders accountable while protecting victims and communities.

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Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions

Prosecutorial effectiveness is commonly measured by conviction rates, largely because they are readily available. But, are conviction rates an accurate measure of success? Experienced prosecutors know they won’t win every case. In fact, some would argue that if you aren’t losing any cases, you aren’t trying the right ones. This Strategies Newsletter discusses promising sexual assault prosecution strategies as well as ways of measuring effectiveness in ways that do not rely solely upon conviction rates. The article also offers other, more meaningful performance measures, and describes how they can be used to more accurately measure and sustain effective prosecution practices.

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Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors

Prosecutors have an obligation to provide to the defense all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment. How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure? In the digital age, these cases present unique ethical challenges related to privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence. This presentation uses hypothetical case scenarios to: address ethical considerations in the context of the investigative function of prosecutors, digital evidence, discovery obligations, and immunity; identify confidential, privileged, non-material, and/or irrelevant victim information and records; discuss threshold requirements for defense attempts to obtain information or for in camera review; introduce pretrial and trial strategies that support the protection of victim privacy, including collaboration with allied professionals.

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.

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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.

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Overview of Stalking and Technology: Prosecution Strategies

Stalking affects 6.6 million people in the United States each year and every day, in courtrooms throughout the country, stalking victims recount the fear and distress they have experienced as a result of this crime. Stalkers create and exploit vulnerabilities in their victims, relying on technology and manipulation of the justice system to conceal their crimes and cast doubt on their victim’s credibility. This webinar gives an overview of stalking and the modern technology stalkers use. It discusses investigation and prosecution strategies as well as interviewing techniques designed to maximize victim participation and safety. It also addresses the correlation between stalking and other forms of violence and examines the role of stalking in assessing lethality. The presentation emphasizes the importance of using a collaborative approach between law enforcement, victim advocates and prosecutors to assist victims and hold offenders accountable.

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.

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Integrating a Trauma-Informed Response

Short- and long-term reactions to trauma manifest in a variety of behaviors that may have an impact on a victim’s ability to participate in the criminal justice process. In order to keep victims safe and engaged throughout the process, allied professionals must ensure that their interaction with victims and their decision-making take into account the wide-ranging effects of trauma. This webinar addresses how to recognize the signs and symptoms of trauma following a crime of violence. The presenters discuss strategies for conducting thoughtful and effective victim interviews, collaborating with allied professionals to achieve a fully integrated trauma-informed approach, and explaining victim behavior at trial.

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.

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Economic Justice for Victims

Economic abuse is one of the many ways that abusers achieve and maintain power and control over their intimate partners. Many such acts are criminal in and of themselves but are frequently overlooked when the focus is on physical abuse. Moreover, economic barriers prevent many victims from securing safety for themselves and their children. This webinar recording explores the ways in which economic insecurity and economic abuse affect victims and will suggest strategies to achieve economic justice in cases involving intimate partner violence, stalking, sexual violence, and human trafficking.

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.

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Criminal Meets Civil: Coordinating Our Response

Prosecutors know that a coordinated response to intimate partner violence provides maximum support to victims. Prosecutors and attorneys representing victims in civil proceedings are equally dedicated to victim safety, but may not always fully appreciate the value and limitations of each other’s role in the process. This presentation highlights the importance of coordination between prosecutors and victims’ civil attorneys and suggests ways they can work together to identify helpful evidence that will be admissible in the criminal case. The presenter also explores ways in which civil proceedings in family or other civil courts can support the victim while the criminal case is pending.

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.