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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.

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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.

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Responding to Intimidation in Human Trafficking Cases

Intimidation or the threat or use of force or other forms of coercion is the keystone of human trafficking. Traffickers rely on intimidation to prevent victims from reporting and ultimately participating in the justice process by exploiting their vulnerabilities. As a result of exploitation and intimidation, victims may not self-identity and may even appear “uncooperative” during the investigation and prosecution of their traffickers. Maintaining victim safety and achieving justice in these cases relies on collaboration among criminal justice professionals and the community-based programs that provide services to victims. This webinar raises awareness, for prosecutors and other criminal justice professionals, about the dynamics and indicators of human trafficking and intimidation. The presenters challenge participants to reevaluate their approach to detecting and prosecuting these crimes while balancing offender accountability against the impact of criminal prosecution on victims.

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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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.

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Making Your Case: Evidence-Based Prosecution

A recurring concern in domestic violence cases is whether and how the victim will testify at trial. Many victims are subject to intense pressures—including intimidation and manipulation—that discourage them from participating in a criminal prosecution. When victims do participate, they may minimize the level of violence or the defendant’s culpability, recant prior statements, or testify for the defense. While these cases present unique challenges, they can still be prosecuted successfully. This webinar focuses on: evidence-based considerations that enable prosecutors to remain victim-centered and to try cases where the victim is an absent or reluctant witness; investigative techniques that support a comprehensive approach to the identification and documentation of evidence, including evidence of intimidation and manipulation; trial strategies, including the use of expert testimony to explain victim behavior, that will enable the jury to return a guilty verdict regardless of whether or how the victim testifies.

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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It’s About Context, Not Character: Admitting Evidence Under R. 404(b)

Proving a crime of intimate partner violence challenges prosecutors to place the criminal act in the context of the relationship’s dynamic of ongoing power and control, with various forms of abuse that may span years or decades. The fullest possible picture of the relationship better enables the jury to understand the defendant’s motive and intent to inflict harm upon the victim. This can be done through admission of other crimes, wrongs, or acts under Federal Rule of Evidence 404(b) and equivalent state or tribal evidence rules or statutes. This webinar identifies types of evidence that may be admissible for purposes permitted under the Rule, suggests ways in which admissibility under the Rule can be argued, and discusses important considerations to avoid reversible error on appeal.

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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Investigating and Prosecuting the Intimidation of Victims of Sexual Abuse in Confinement

Victims who are sexually abused while incarcerated literally cannot escape their attackers. The confinement setting compounds the harm to the victims and makes them uniquely vulnerable to intimidation on the part of assailants or their allies. Intimidation hinders the investigation and prosecution of these cases, allows perpetrators to evade accountability, and turns confinement facilities into bastions for sexual abusers. This webinar identifies strategies for investigations and prosecutions that build trust in the criminal justice system and provide multiple safe and confidential means to report these crimes. It also discusses victim and witness safety, retaliatory violence, verbal and physical intimidation, and financial and emotional manipulation. The presenter explains the potential for intimidation and violence over the course of multiple cases or over time in a single case. The presenter also discusses the importance of policies and protocols to promote effective prosecution of these cases

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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Interviewing Victims of Human Trafficking and Sexual Exploitation: Techniques and Tactics

Trafficking victims are difficult to interview for the same reasons they are difficult to identify. Traffickers manipulate, coerce, threaten, and commit acts of violence against victims, which may result in their inability or unwillingness to self-identify, report to law enforcement, or participate in the criminal justice process. Therefore, the ability to expediently and appropriately identify a victim of trafficking or exploitation is crucial, and often can be accomplished only through effective interviewing. This webinar highlights the importance of preparing for an interview by collaborating with community-based service providers and also explores a variety of interview techniques. The presenters discuss tools for law enforcement officers and prosecutors to use when developing their own questions and protocols for interviewing trafficking victims.

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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Challenges Multiplied: Multi-Defendant Rape and Witnessed Rape

Multiple-offender and witnessed rape cases are becoming more prevalent and more complex due to the use of technology – particularly social media – to threaten and intimidate both victims and witnesses. The challenges to prosecution require innovative solutions to achieve justice while protecting victim privacy and witness safety.This webinar addresses issues that commonly arise in these cases, including: digital evidence; joinder and severance, immunity; principals and accessories; admissibility of evidence; witness intimidation; and common defenses.

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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The Prosecutors’ Resource on Forfeiture by Wrongdoing

Forfeiture by wrongdoing is a longstanding exception to a defendant’s Sixth Amendment right to confront the witnesses against him. If a defendant causes a witness to be unavailable for trial through his wrongful acts, with the intention of preventing that witness from testifying, then the introduction of the witness’s prior testimonial statements is not barred by the Confrontation Clause of the Sixth Amendment of the United States Constitution. This resource will review the origins and requirements of forfeiture by wrongdoing, examine its utility in domestic violence cases, outline trial strategies, and provide a checklist for hearings on forfeiture.

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