Beyond Campus Adjudication: Improving the Criminal Justice System s Response to Campus Sexual Assaults*

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1 Beyond Campus Adjudication: Improving the Criminal Justice System s Response to Campus Sexual Assaults* *Sponsored by UNH Prevention Innovations and the UNH School of Law, in association with the NH SART Initiative, NHCADSV, the NH Department of Justice and the NH Attorney General s Office. Conference Resources Free On Line Webinars By Aequitas These webinars are available 24/7 and include PowerPoint s Alcohol-Facilitated Sexual Assault And Then There Were Three: Multiple Defendant Rape, Witnessed Rape, and Other Complex Cases Beyond Conviction Rates: Measuring Success in Sexual Assault Prosecutions Ethical Considerations for Prosecutors in Sexual Violence Cases Going Forward Without the Victim: Evidence-Based Prosecutions in Domestic Violence Cases Higher Education: Dispelling Myths to More Effectively Prosecute Campus Rape Integrating a Trauma-Informed Response Making it Stick: Protecting the Record for Appeal Overcoming the Consent Defense: Identifying, Investigating, and Prosecuting the Non-Stranger Rapist Prosecuting Intimate Partner Sexual Assault Stalking and Technology: Prosecution Strategies Strangulation Injury Understanding Victim Behavior and Reactions to Sexual Violence through Expert Testimony Williams v. Illinois and Forensic Evidence: The Bleeding Edge of Crawford

2 Free webinars on EQAWI The information below is cut and pasted from their website. There are more that are available. Opening Doors: Alternative Reporting Options for Law Enforcement and VAWA Forensic Compliance (FREE) - In this webinar, we will explore a number of community models that have been implemented to improve victims' access to the criminal justice and community response systems. Best practices will be reviewed from across the country, and existing tools and resources will be evaluated. With a focus on local implementation, our goal is for participants to leave prepared to make recommendations for positive changes in their own communities. Effective Report Writing: Using the Language of Non-Consensual Sex (FREE) - Even when properly investigated, the majority of reported sexual assaults are not successfully prosecuted. Prosecutors often argue that police reports are severely lacking while law enforcement argues that prosecuting attorneys want a sure win. No matter how good an investigation is--the prosecuting attorney may not feel confident filing criminal charges if the reports are incomplete or inaccurate. Or if the prosecutor files charges, the defendant may be acquitted if the reports summarizing the investigation are poorly written. The Neurobiology of Sexual Assault (FREE) - While we receive countless requests for training here at EVAWI, the most common request is currently for training on the effects of trauma on neurobiology and the implications for conducting trauma-informed interviews and investigations. We are therefore delighted that Dr. Rebecca Campbell has agreed to provide critically needed training in this 90-minute webinar. This course is designed for law enforcement personnel in the criminal justice and community response to sexual assault. Investigating Sexual Assault Against People with Disabilities (FREE) - The primary message of training is often to "see the person, not the disability." Police officers are taught to approach victims with disabilities and the investigation "like they would in any other case." The hope is that victims who have a disability will be treated with the same respect as other victims, and this is an important goal we all need to support. A Paradigm Shift: The Forensic Experiential Trauma Interview (FETI) (FREE) - This webinar will review current forensic psycho-physiological knowledge and practices, comparing what we think we know with new and exciting research and ideas for what we could do. Using the forensic experiential trauma interview approach, we can gather the best possible evidence by interviewing victims in ways that empower and calm them, so they are able to provide more accurate, coherent, consistent and persuasive narratives. 2

3 Investigating and Prosecuting "Converted" Cases (FREE) -All U.S. states, territories, and tribal governments must certify that they are in compliance with VAWA requirements for medical forensic examinations - in order to remain eligible for STOP grant funding. Specifically, exams must be available to sexual assault victims: (1) free of charge, and (2) regardless of their decision to participate in the criminal justice process. This means that sexual assault victims can obtain a medical forensic exam without being faced with an immediate decision about participating in the law enforcement investigation and any criminal prosecution. The goal is to get victims the health care they need - as well as collecting and documenting evidence while it is available - without presenting victims with a decision about criminal participation that is framed as "all or nothing" and "now or never." If victims are allowed to get support and take the time they need, the hope is that they will ultimately "convert" and decide they are able to fully participate in the process. In many communities, guidance is needed to successfully investigate and prosecute such "converted" cases. Otherwise, this option could be a false promise for victims. Effective Victim Interviewing (FREE) - EVAWI Executive Director Joanne Archambault and Board President Roger Canaff are pleased to offer this webinar on victim interviewing. This webinar mirrors the OLTI module on Interviewing the Victim, which walks participants through the stages and techniques for successfully interviewing sexual assault victims. Forensic Compliance in 2012 (FREE) - All states and territories must certify that they are in compliance with VAWA 2005 requirements for medical forensic examinations. Specifically, exams must be available to sexual assault victims: 1) free of charge, and 2) regardless of their decision to participate in the criminal justice process. Use of Alternate Light Source/Negative Invert Filters to Improve Visibility of Injuries Under the Skin ($75) -During this webinar the presenters will discuss ALS technology, negative invert filter software, and digital photo documentation as each relates to patients/victims who have been strangled or physically abused. These technologies can be used by medical professionals at the time of an exam or by law enforcement professionals with assaulted persons who do and do not seek medical treatment. In addition to physical injury visualization, ALS technology may be used to identify dried fluids (e.g. semen, blood, urine) and other evidence (e.g. fingerprints) that can be collected for forensic analysis. Without these technological tools many of the samples might otherwise go undetected under standard lighting conditions. 3

4 Additional Free Trainings relating to Sexual Assaults The Neurobiology of Sexual Assault by Dr. Rebecca Campbell Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors 4

5 Web Resources for 2015 Sexual Assault on Campus Conference 1. SANE-SART.com This website contains separate online training curriculums for SANEs; Law Enforcement; Advocacy and Prosecutor/Legal SART+Online+%2B+Clinical+ +Subscription+List&utm_campaign=7ecc221f21- Prosecutor_Follow_Up_ 1_29_2015&utm_medium= &utm_term=0_0a8a ecc221f The National Center for Campus Public Safety The NCCPS works closely with BJA to connect campus public safety entities with one another, and with federal agencies, to facilitate collaboration and coordination around issues of campus public safety. One of the ways we are doing this is by creating and maintaining a comprehensive national directory of campus public safety professionals. We would like to include your campus public safety professionals in this national directory Not Alone The White House Task Force's Not Alone campaign provides Information for students, schools, and anyone interested in finding resources on how to respond to and prevent sexual assault on college and university campuses and in schools is 2 Many The 1 is 2 Many White House initiative is designed to help protect students from sexual assault. President Barack Obama has charged the task force with sharing best practices along with increasing transparency, enforcement, and public awareness to protect and support survivors in6 The mission of 1in6 is to help men who have had unwanted or abusive sexual experiences in childhood live healthier, happier lives. The mission also includes serving family members, friends, and partners by providing information and support resources. 1in6.org/ 5

6 6. Clery Center for Security on Campus The Clery Center for Security On Campus is dedicated to preventing violence, substance abuse and other crimes on college and university campuses across the United States, and to compassionately assist the victims of these crimes. clerycenter.org 7. College Drinking: Changing the Culture Developed by the National Institute on Alcohol Abuse and Alcoholism (NIAAA), College Drinking: Changing the Culture is a resource for comprehensive research-based information on issues related to alcohol abuse and binge drinking among college students, with online tools for parents, students, administrators and more Futures Without Violence (FUTURES) for Colleges and Universities FUTURES for Colleges and Universities works closely with policy makers, student activists, campus administrators, survivors, and more to heighten awareness of sexual assault and identify collaborative responses to the complex problem. 6

7 IN-SERVICE /ROLL CALL TRAINING VIDEO Adult Sexual Assault: A Trauma Informed Approach Law Enforcement Facilitator s Guide Introduction: This training video was designed so that it can be used in a brief in-service training or two short training sessions as part of roll call or shift change briefings at your agency. The training provides an overview of how trauma impacts victims and how law enforcement first responders can implement a trauma informed response and approach to sexual assault survivors. The training video features Dr. Rebecca Campbell, Chief Tom Tremblay (Ret.) and law enforcement professionals from across Michigan. The video is available on YouTube as a training resource for law enforcement and allied professionals: Part I (13 minutes); Part II (9 minutes); Part I and II combined: (22 minutes). Using the Video: The following is a suggested way to show the video and assist your officers in integrating the information learned from the video into their work: If Part 1 and Part 2 of the video will be shown in two short sessions: Day 1 (video length 13 minutes) Introduce Part I of the video: While you are watching the following video, please do the following: - Write down one piece of information that is new or surprising to you; - Think about a case, sexual assault or otherwise, where you have seen behavior consistent with the response(s) to trauma talked about in the video. Show part one of the video (13 minutes) available at: After the video: Ask for volunteers to answer the following questions: - What information was new or surprising to you? - (If time allows) Think about a time when you, a family member, an associate, or a victim you responded to had been involved in a critical incident (such as a car accident or assault). Did you experience or see any of the trauma reactions that you learned about today? Day 2 (video length 9 minutes) Introduce Part II of the video: While you are watching part two of this video, write down one thing that you will do differently on your next sexual assault call, and why. Show part two of the video (9 minutes) available at: After the video: Ask for volunteers to answer the following questions: - Tell me one thing that you will do differently on your next sexual assault call, and why? Developed by the Michigan Domestic and Sexual Violence Prevention and Treatment Board and the Prosecuting Attorneys Association of Michigan. For more information mdsvptb@michigan.gov. 7