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.
To Record or Not To Record: Use of Body-Worn Cameras During Police Response to Crimes of Violence Against Women
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.
And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior
On March 24, 2011 the Minnesota Supreme Court decided to permit expert testimony to explain common victim behavior in adult sexual assault cases. This article outlines the facts and the impact of the case. The author concludes that the prosecutors in the case executed a successful strategy that can serve as a template for how to introduce expert testimony in trials before courts that are hesitant or even hostile to the idea of admitting it.
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.
Benefits_of_a_Coordinated_Community_Response_to_Sexual_Violence_Issue_7
The Benefits of Specialized Prosecution Units in Domestic and Sexual Violence Cases
Domestic violence victims not participating in the prosecution of their abusers can be misunderstood as a lack of interest or a of credibility. In adult sexual assault cases, offenders often attempt to manipulate the system into sympathizing with them and blaming the victim. In the light of these challenges and In an effort to improve the response to domestic and sexual violence, many prosecutors’ offices around the country have created specialized units dedicated to prosecuting these crimes. These units provide prosecutors with concentrated trial experience, focused training, and the opportunity to work closely with law enforcement and community partners. This approach can lead to an improved experience for the victim as well as for police, prosecutors, and community partners. This article explains how prosecutors with strong experience working on sexual and domestic violence cases are skilled at focusing on the offender and exposing his attempts to manipulate the system.
Benefits_of_Specialized_Prosecution_Units_in_Domestic_and_Sexual_Violence_Cases_Issue_8
Prosecuting Intimate Partner Violence and Animal Cruelty
While control of the victim is the ultimate goal of perpetrators of intimate partner violence, victims themselves are not the only targets of these tactics. Abusers may also threaten and commit acts of violence against the victim’s children, family members, and even their pets. This article discusses strategies for protecting victims of abuse and their pets and holding offenders accountable for their actions. The author encourages prosecutors and allied professionals to work together in a coordinated fashion to better identify, investigate, and prosecute acts of animal cruelty. A coordinated community response to co-occurring animal abuse and domestic violence, together with the effective use of strategies to permit successful prosecution in the absence of active participation by the victim, will promote the safety and well-being of victims and their pets while holding the offender accountable for the abuse of all victims in the household.
SIB_Issue_14_Prosecuting_Intimate_Partner_Violence_and_Animal_Cruelty
