Understanding Sexual Violence

Understanding sexual violence:
Prosecuting adult rape and sexual assault cases

Faculty Manual

Created by the National Judicial Education Program, a project of NOW Legal Defense and Education Fund, in cooperation with The American Prosecutors Research Institute

Lynn Hecht Schafran, Director
Roberta M. Baldini, Project Attorney
Claudia J. Bayliff, Project Attorney

Development of this manual and program was made possible by a grant from the U.S. Department of Justice, Office of Justice Programs, Violence Against Women Office to the National Judicial Education Program to Promote Equality for Women and Men in the Courts, a project of NOW Legal Defense and Education Fund in cooperation with the National Association of Women Judges. Points of view expressed herein are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Program Presented by American Prosecutors Research Institute and the National Judicial Education Program

Table of contents

Acknowledgments

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Introduction to the curriculum - .html version, word version

Day I	.html version , word version Welcome/Participant self-introductions Introduction, overview of program & resources book and faculty introductions Program overview Resources book overview Opening your case file - State v. Michael Cates: Case evaluation and ethical considerations Content overview - Case evaluation Content overview - Ethical considerations "Case file" exercise directions and worksheet "Ethical considerations" exercise directions and worksheet Victims: What prosecutors need to know Victim Impact - Overview Content overview - Victim impact "Someone you know" video synopsis "Someone you know" discussion faculty cheat sheet The neurobiology of trauma: Implications for rape victims Content overview - Neurobiology of trauma Lecture outline, see visuals Victim impact and interviewing: Who must the complainant tell Content overview - Who must the complaint tell "Who must the complaint tell" exercise instructions Faculty cheat sheet Interviews: Working with the victim to pull the case together Content overview - Working with the victim to pull the case together Content overview - Tensions in the interviewing process Caveat Lecture outline: Key points for conducting the interview Tensions in the initial interview Content overview - Tensions in the initial interview "Tensions in the initial interview" exercise directions and worksheet Enhancing the prosecutor/victim partnership: Building trust Content overview - Enhancing the prosecutor/victim partnership "Building trust with Amanda Brown" exercise directions and worksheet "Building trust with diverse victims" exercise directions and worksheet "Building trust with diverse victims" faculty cheat sheet Exercise: Getting the real deal Content overview - Getting the real deal Faculty only: Rules for getting the real deal exercise Participants' exercise directions and worksheet Handout for participant playing the complaining witness only "The full story" handout Faculty cheat sheet
Day II	.html version, word version Victim advocate/prosecutor relationship Content overview - Victim advocate/prosecutor relationship Lecture outline: Victim advocate/prosecutor relationship Sample victim advocate disclosure form Trial preparation and practice: Part I: Educating and supporting the complainant Content overview - Preparing the complainant for trial Lecture outline: Preparing the complainant for trial Trial preparation and practice: Part II: Thinking about trial Lecture outline: Prosecutor's trial preparation Direct examination of the complainant: Recreating the reality of the crime Content overview - How to recreate the crime and the victim's feeling for the jury Lecture outline: Thinking about direct examination Lecture outline: Introducing the victim to the jury Lecture outline: Recreating the reality of the crime Lecture outline: How the attack ended What do sexual assault forensic examiners do, and what can they do for you? Content overview - S.A.F.E.s: Their role and what they can do for your case Forensic examination video synopsis Lecture: "Introduction to the sexual examiner role" How an expert can help you support the complainant and prove your case more effectively? Content overview - How to use an expert witness and prove your case more effectively Lecture outline: "How an expert can help you support the complainant and prove your case more effectively" "A prosecutor's checklist: Using a psychological expert in a sexual assault case" "Tips on working with a medical expert in a sexual assault case" "Expert's checklist: Courtroom testimony in a sexual assault case" State-specific law: Rape shield law, state-of-mind/experts Content overview - State-specific law "Rape shield" exercise directions and worksheet "State-of-mind/expert" exercise directions and worksheet How to keep on keepin’ on: Overcoming vicarious trauma Content overview - How to keep on keepin' on Lecture outline: The difference between vicarious trauma and burn-out Rules of the game: "Family feud" Survey for "family feud" game: Handout
Day III Offenders: What prosecutors need to know	.html version, word version Myths and realities - Overview Content overview - Myths and realities Lecture outline, see visuals Videotape order form: "The undetected rapist" Serial offending and prior bad acts Content overview - Serial offending and prior bad acts Lecture outline, see visuals State-specific law section: Prior bad acts Content overview - Prior bad acts "Prior bad acts" exercise directions and worksheet Pleas and sentencing Content overview - Pleas and sentencing Lecture outline, see visuals "Sentencing recommendations" exercise directions and worksheet "Defendant's sentencing proposal" exercise directions and worksheet "Defendant's sentencing proposal" Faculty cheat sheet Cross-examination of a defendant in a consent case Content overview - Cross-examination "Cross-examination" exercise directions and worksheet Faculty cheat sheet Voir Dire: Overview Content overview - Voir Dire "Bob and Lisa" video synopsis Faculty cheat sheet Lecture outline: "What the research about rape jurors tell us" Voir Dire: Exercises Content overview - Crafting your Voir Dire Lecture outline: The critical link between Voir Dire and summation "Voir Dire"exercise directions and worksheet (overview) Individual participants' exercise directions and worksheet Reporter's worksheet Faculty cheat sheet
Day IV	.html version, word version DNA primer Content overview - Basic DNA Lecture outline, see visuals Drug-facilitated rape Content overview - Drug-faciltated rape Lecture outline, see visuals Improving your agency: How to get there Content overview - Improving your agency "Commitment 1" worksheet "Commitment 2" worksheet "Commitment 3" worksheet Closing remarks, certificates of completion & C.L.E. credit forms Content overview: Closing remarks
Conclusion of program	Resources Book table of contents Volume I Volume II Table of appendices

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Acknowledgments

National Judicial Education Program, Staff and Interns
Lynn Hecht Schafran, Esq., Director
Roberta Maria Baldini, Esq., Project Attorney
Claudia J. Bayliff, Esq., Project Attorney
Alison L. Stankus, Program Assistant
Marta Brodsky, Aimee Fitzpatrick, and Zabrina Rodriguez, Legal Interns
Kimberly Bachechi, Soni Midha, Sarah Spencer, and Andy Shie Kee Wong, Interns
With additional support provided by:
Robin C. Mathiesen, Danielle Di Novelli-Lang, Dalia Moss, Amarah K. Sedreddine, and Amita Y. Swadhin

Funding
This program was developed with funding from the Department of Justice, Office of Justice Programs, Violence Against Women Office. Funding for the interns was provided by the Everett Foundation and the Helena Rubenstein Foundation.

American Prosecutors Research Institute
Newman Flanagan, President
Steve Dillingham, Chief Administrator
George Ross, Director, Grants Management
Debra Whitcomb, Director, Grant Programs & Development

APRI's Violence Against Women Unit
Lisa Kreeger, Program Manager
Tracy Bahm, Senior Attorney
Susan Kennedy, Senior Attorney
Millicent Shaw, Staff Attorney
Tamara Kitchen, Administrative Assistant

Funding
APRI is most grateful to the Department of Justice, Office of Justice Programs' Violence Against Women Office for their financial support of the project.

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Minnesota Center Against Violence and Abuse

The following projects are a part of the Minnesota Center Against Violence and Abuse (MINCAVA):