Truth-Detection Devices and Victims of Sexual Violence: A Shortcut to Injustice
An overreliance on truth-detection devices and misunderstandings about the dynamics of sexual violence can correlate with a belief that their use with victims of sexual violence is the best method to conduct complete investigations even though such methods would never be entertained for victims of other types of crimes. This is alarming not only because the results of such tests are unreliable, but the very use of truth-detection devices with victims of sexual violence can do more harm to the victim and frustrate the pursuit of justice. While the utility of truth-detection tests for enticing suspects to agree to be interviewed has long been recognized, there is less appreciation that their use with victims of sexual violence is clearly irreconcilable with trauma-informed interviewing techniques designed to elicit victims’ fullest recollections of events while avoiding further harm. This article provides a brief overview on the his- tory and modern forms of truth-detection devices and discusses how the earliest concerns about their reliability and limitations continue to be valid today. It will discuss why truth-detection devices are inappropriate and how, in many jurisdictions, they are prohibited from being used when interviewing victims of sexual violence. Despite the reliability concerns, it will also be discussed how truth-detection devices remain a potentially useful tool during questioning of suspects.
Reaching a Verdict: Guiding the Jury’s Response to the Evidence
After being thrust into an unfamiliar role in a complex system that is often equally unfamiliar, jurors in sexual assault cases face the daunting task of reaching a just verdict for a crime that is shrouded in misconceptions. In this foreign terrain, prosecutors serve as a trusted guide—pointing out familiar landmarks of personal experience and presenting witnesses and other evidence in a manner that makes them both understandable and relatable. By assisting jurors in forming personal connections to the evidence, the prosecutor can remove obstacles that might otherwise block the jury’s path to a just finding of guilt.
This presentation will discuss ways to focus the jury’s attention on the evidence in a manner that accurately conveys the reality of sexual assault and assists jurors in rendering a fair and just verdict—beginning with jury selection and continuing through opening statement, presentation of evidence, and summation.
Who Should View
Allied justice system professionals including but not limited to prosecutors, law enforcement officers, community-based service providers, medical and mental health practitioners, probation and parole officers, judges, etc. are encouraged to view this webinar recording.
CLE Credits
This one-hour 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.
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
National Sexual Assault Conference (NSAC)
SPARC Director Jennifer Landhuis presented “Identifying and Responding to Victims of Sexual Assault Who Experience Stalking” on behalf of the Califorina Coalition Against Sexual Assault (CALCASA) in Anaheim, Califorina to an audience of sexual assault/domestic violence program staff, law enforcement, and prosecutors.
Victim Privileges and Confidentiality
This resource is a statutory compilation on victim privilege and confidentiality laws broken down by practitioner.
Polygraph Testing of Sexual Assault Victims
This resource is a compilation of statutes that address the polygraph testing of sexual assault victims at the federal level and for all 50 states and U.S. territories.
In God’s Shadow: Unveiling the Hidden World of Domestic Violence Victims in Religious Communities
Domestic violence has been elevated to a global epidemic in recent years. Domestic violence victims of closely knit and observant religious communities face a distinct set of barriers, which affects their ability and willingness to report and to cooperate with law enforcement, as well as their ability to escape the abuse. This article provides a unique window into the hidden world of domestic violence victims in communities of faith and tackles some of the complexities associated with this sensitive issue.
Improving Witness Safety and Preventing Witness Intimidation in the Justice System – Benchmarks for Progress
The pervasive problem of victim/witness intimidation in the criminal justice system requires a strategy for change and firm commitments from leaders and practitioners alike. This resource includes tools for practitioners to use collaboratively within their communities. These tools provide criminal justice leaders with concrete guidance to implement best practices in preventing and responding to witness intimidation. The resource defines the problem, identifies concrete solutions, and outlines a process for assessing and improving witness safety.
Commonwealth v. Olivo, No. 127 MAP 2014, Pennsylvania Supreme Court, Brief of Amicus Curiae
In 2015, the Pennsylvania Supreme Court decided Commonwealth v. Olivo, upholding, against state constitutional attack, the new Pennsylvania evidentiary statute permitting expert testimony to explain victim behavior in the prosecution of crimes of sexual violence. Previously, the courts of Pennsylvania had steadfastly resisted admission of such testimony, despite the widespread acceptance of such evidence by other courts across the country. The Pennsylvania Coalition Against Rape submitted this amicus curiae brief, with contributions by AEquitas Attorney Advisor Teresa M. Garvey, in support of the statute’s constitutionality. The brief highlights the value of expert testimony to explain victim behavior so that jurors do not base their credibility assessments on myths and misconceptions.
