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Prosecutor Guide to Jury Selection in Cases with LGBTQ+ Victims of Domestic Violence, Sexual Assault, and Stalking

A prosecutor’s first opportunity to combat potential bias during a criminal trial is jury selection. Jury selection, also known as voir dire, provides an opportunity to address bias, correct misconceptions, and strive for fairness in the process. Jury selection is also an opportunity to educate the panel about the crime and parties, to obtain promises to follow instructions on the law, and to plant seeds about the concepts of fairness and justice in the context of the current case. For cases involving LGBTQ+ victims, a comprehensive voir dire strategy is key to ensuring that anti-LGBTQ+ bias does not determine the outcome of the trial.

This Guide, developed in partnership with AEquitas and the American Bar Association, is designed to support prosecutors in drafting jury selection questions and related motions in limine to help address anti-LGBTQ+ bias among potential jurors.

This project was supported by Grant No. 15JOVW-21-GK-02238-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Prosecutor Guide to Jury Selection (OVW Approved)

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“Next-Level” Compulsion of Victim Testimony in Crimes of Sexual and Intimate Partner Violence: Prosecutorial Considerations Before Using Bench Warrants/Body Attachments and Material Witness Warrants

This article examines the considerations that should be weighed in deciding whether to employ next-level measures, such as material witness warrants and body attachments, to compel victim testimony in sexual and intimate partner violence cases. While prosecutors have a great deal of discretion in deciding whether to use compulsive measures beyond issuance of a subpoena, the decision to resort to such measures should be made with great care and with an awareness of the potential consequences, as well as consideration of possible alternatives.

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.

Next-Level Compulsion of Victim Testimony

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Guiding and Supporting the Victim’s Choices Regarding Participation in the Prosecution of Sexual and Intimate Partner Violence

The criminal justice process can expose survivors of sexual and intimate partner violence to unique re-traumatization. While multidisciplinary response efforts employing victim-centered and trauma-informed practices have greatly facilitated the reporting and engagement of survivors of sexual and intimate partner violence, the process itself remains daunting. Some survivors ultimately decline to participate, avoiding service of process or refusing to appear under subpoena. This article explores strategies that will assist advocates and allied professionals in guiding and supporting victims throughout the criminal justice process in ways that will help to ensure that their choices about participation are fully informed and that their interests are protected and advanced at all stages in the process.

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.

Guiding and Supporting the Victim’s Choices

 

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Seeking Justice Through Sexual Violence Prosecutions

This article explains the problems that have arisen as a result of overreliance on conviction rates in cases of sexual violence. It identifies the core principles that should inform a model response to these crimes to further the goals of justice — i.e., offender accountability, victim well-being, and community safety. Finally, it discusses how prosecutors can broaden definitions of “success” in the prosecution of sexual violence, and how they can measure their current response as well as efforts toward improvement.

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.

Seeking Justice Through Sexual Violence Prosecutions

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A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability

Prosecutors seeking justice in crimes of sexual and domestic violence must often balance holding perpetrators accountable and valuing victim autonomy. Many victims are unable to participate in the prosecution for reasons including fear, ongoing trauma, love for or loyalty to the perpetrator, intimidation, financial harm, self-blame, or embarrassment. Reliving the traumatization of their sexual assault or domestic abuse while feeling like they are in the spotlight can be overwhelming and lead to reluctance to participate in the process. When this happens, the pressure to ensure offenders are fully prosecuted may tempt prosecutors to utilize more extreme methods such as material witness warrants or to seek body attachments or bench warrants—without full appreciation of the impact on the victim or a consideration of possible alternatives.

This presentation discusses the obstacles victims face when considering whether to participate in the prosecution of domestic violence or sexual assault and suggests strategies that prosecutors can use to minimize these barriers to facilitate victim participation. Presenters highlight the negative impacts that pre-trial detention and other next-level measures have on victims and on the community. In circumstances when victims are unable to participate, presenters will discuss possible alternatives for the prosecutor and considerations for balancing public safety risks with victim self-determination.

At the conclusion of the presentation, participants will be better able to:
-Identify barriers faced by victims participating in investigations and prosecutions of sexual and domestic violence.
-Develop strategies to support victim participation.
-Balance public safety concerns in holding offenders accountable with victim interests in autonomy and self-determination.
-Employ the least restrictive methods possible to enable victims to testify when next-level measures must be utilized.

 

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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Foundations of Sexual Violence Prosecutions: Moving Towards Justice

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 John Wilkinson discuss how motions practice can enhance individual sexual violence prosecutions while also advancing important legal issues. They discuss how to argue for the admission of “other bad acts” evidence and expert testimony, strategies for opposing defense’s improper discovery requests and motions to pierce the rape shield, and methods for educating judges on novel issues.

At the conclusion of this episode, viewers will be better able to:
– Analyze cases to determine issues suitable for pretrial motion practice
– Brief judges on novel legal and factual issues
– Litigate discovery and evidentiary motions to promote victim safety and privacy

Additional resources related to this episode:
– Safeguarding Victim Privacy in a Digital World: Ethical Considerations for Prosecutors
– The Prosecutors’ Resource on Forfeiture by Wrongdoing
– It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

 

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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Foundations of Sexual Violence Prosecutions: Collaboration is Key: Working with Victim Service Professionals

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 discuss the benefits of collaboration with victim service professionals in sexual violence cases. They discuss the questions prosecutors can ask to better understand the roles and responsibilities of victim service professionals in their communities, common tension points, and how collaboration can be strengthened to enhance the case as well as victims’ safety and healing.

At the conclusion of this episode, viewers will be better able to:
– Enhance collaboration with victim service professionals
– Provide survivors with meaningful access to appropriate victim services
– Ethically protect victim privacy

Additional resources related to this episode:
– Presence of Victim Advocate During Sexual Assault Exam: Summary of State Laws
– To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
– Benefits of a Coordinated Community Response to Sexual Violence

 

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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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: Collaboration is Key: Working with Victim Service Professionals

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 the importance of working closely with victim service professionals in intimate partner violence cases. They explore how prosecutors and victim service professionals can work collaboratively to ease common tension points while protecting victim privacy and ensuring that survivors have meaningful access to services.

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

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

Additional resources related to this episode:

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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