Understanding Sexual Violence:Prosecuting Adult Rape and Sexual Assault Cases :
A Model Four-Day Curriculum

The National Judicial Education Program (NJEP)
NOW Legal Defense and Education Fund, in cooperation with The American Prosecutors Research Institute

Publication Date: 2001

Table of Contents

• Introduction
  • Acknowledgements
  • Reprint Permission Information
    • Application for Permission to Reprint or Adapt Contents of Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases
  • Introduction to the curriculum
    • Intended audiences
    • Curriculum perspective
    • Goals and objectives
    • Curriculum format
    • Planning the program
      • Planning committee
      • Beginning the planning process
    • Curriculum faculty
      • Program moderator
      • Prosecutor presenters and expert faculty
      • Expert faculty presenters
      • Small-group facilitators
    • Faculty duties
      • Program moderator
      • Program moderator's duties
      • Prosecutor presenters' and experts' duties
      • Small-group facilitators' duties
    • Schedule faculty workshop
    • Curriculum length
    • Suggested curriculum program agenda
    • The agenda
      • Breaks and lunches
      • State specific materials
      • Visual materials
    • Videotape ordering information
    • Program logistics
      • Group Size
      • Room size and room set-up
      • Table set-up
      • Lighting
      • Other necessary materials
      • Audio-visual and other equipment requirements
      • Terminology
      • Sensitivity to the subject matter
    • Concluding the program
      • Closing remarks
      • Evaluation instrument
      • Continuing legal education
      • Certificate of completion
      • Feedback about your program
      • Pre-conference assignments

List of Tables

• Day 1
• Day 2
• Day 3: Offenders: What Prosecutors Need to Know
• Day 4

Introduction

Acknowledgements

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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Reprint Permission Information

The following are the terms governing request for permission to reprint or adapt the following material, in whole or in part, from the National Judicial Education Program's (hereinafter "Publisher") publication, " Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases. "

If permission is granted, the following shall constitute the terms of the Applicant's license being granted by Publisher:

1. To submit one (1) copy of the Applicant's work to Publisher. Such submission shall include the portion of the above title that Applicant requests to be included in Applicant's work.
2. To place the following copyright notice in any and all adaptations or reprintings of the above title:

   © 2001 by National Judicial Education Program to Promote Equality for Women and Men in the Courts/ NOW Legal Defense and Education Fund

3. To make the following acknowledgement in any and all adaptations or reprintings of the above title:

   This material was adapted from "Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases" developed by the National Judicial Education Program to Promote Equality for Women and Men in the Courts and co-authored by Lynn Hecht Schafran, Esq., Director, Roberta Maria Baldini, Esq. and Claudia Bayliff, Esq., Project Attorneys. The National Judicial Education Program is a project of NOW Legal Defense and Education Fund. Production was made possible by a grant from the Department of Justice, Office of Justice Programs, Violence Against Women Office.

4. To include the authors' names on any adaptation or reprinting of the materials.
5. Permission being licensed by Publisher, if granted, shall terminate two years after publication of the work.
6. This permission does not authorize mechanical or electronic reproduction in any form or media, except transcription into Braille solely for the use of the blind.
7. This permission covers the world, for publication in the English language. For permission to translate the above title into a foreign language, the Applicant must submit the translation and the annexed application to Publisher for acceptance, which shall be within the sound discretion of Publisher.
8. To facilitate the adaptation of this curriculum to include state statutes and case law, its contents are available on computer disk from the: National Judicial Education Program, 395 Hudson Street, 5th Floor, New York, NY 10014, (212) 925-6635, Fax: (212) 226-1066.
9. This form shall not be deemed an offer by Publisher; nor an invitation to make an offer; nor be deemed a grant of permission to reprint or adapt the above title. Applicant must sign and submit the annexed application to Publisher for acceptance, which shall be within the sound discretion of Publisher. The annexed application shall be mailed to: National Judicial Education Program, 395 Hudson Street, 5th Floor, New York, NY 10014, (212) 925-6635, Fax: (212) 226-1066.

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Introduction to the curriculum

This introductory section offers an overview of the curriculum and guidance to the program planning committee, program moderator, and members of the faculty. Instructions for planning, logistics, exercises, and ordering videos used in the program are provided throughout this Faculty Manual in conjunction with each unit. Detailed instructions including the substantive content are provided in the description of each unit.

Intended audiences

This curriculum is designed primarily for prosecutors who handle felony sexual assault and rape cases. However, the audience should not be limited to those prosecutors. The information is also relevant for appellate prosecutors and for future sex crimes prosecutors, as well as those who conduct preliminary hearings or grand jury presentations, or who handle misdemeanor sexual assault cases. One veteran prosecutor with twenty years of experience told us that after attending this program he finally understood how to prosecute an acquaintance rape case. Another, who had been a prosecutor for only six weeks, said he was drinking in every word.

Curriculum perspective

This curriculum focuses on nonstranger rape of adult female victims. It presents the latest social science research about victims, offenders and jury decisionmaking, as well as how to use expert witnesses, medical research, DNA, and information about Drug-Facilitated Rape.

This curriculum follows educational models based on research about effective adult learning techniques. Adult learners need to:

• relate new information to what they already know;
• reflect on the new information; and
• apply the new information to real problems they encounter in their work.

This curriculum seeks to help prosecutors "develop further their abilities related to decision making, analysis, and awareness of their own values" ¹ in rape cases.

The curriculum uses a case file, State v. Michael Cates to explore the various issues presented in rape and sexual assault prosecutions. Print the case file before reading through the Faculty Manual. The reader should refer to the case file while becoming familiar with the curriculum . If you are reading this in hard copy, the case file is in Appendix 2 of the Faculty Manual. The case file is used throughout the four-day training.

Each unit of the curriculum builds on the previous unit's lessons. As participants work through the issues in the case, they gain a deeper appreciation of it and come to understand that the case is stronger than they may have first realized.

The major themes are repeated and reinforced as the curriculum moves from unit to unit. It is important for the faculty to refer to those lessons and focus on the links between various topics presented. For example: "In this unit, we will discuss the importance of re-creating the reality of the crime during the direct examination of the victim. Use what you have learned from the victim impact expert and from the lecture on expert witnesses in thinking about how to craft the direct examination questions."

Repeating and reinforcing these major themes requires that each faculty member be knowledgeable about the curriculum as a whole and be able to relate his or her unit to what came before and what will come after. This is NOT a curriculum in which individual experts can drop in to present their set pieces and leave.

Goals and objectives

After completing this curriculum and the exercises included, participants will be able to:

1. Identify common societal myths and biases that may impugn the integrity of the trial process in rape cases.
2. Understand how these rape myths affect the perceived credibility of the victim, charging decisions, and juror attitudes.
3. Craft voir dire questions designed to elicit misconceptions about rape that could undermine the fairness of juror deliberations.
4. Identify the short and long-term psychological and physiological effects of rape on victims.
5. Understand the impact of the criminal justice system on adult victims of sexual assault.
6. Minimize victim retraumatization throughout the pre-indictment, trial and sentencing phases.
7. Understand the detrimental effect of delay on the victim in these cases.
8. Effectively interview a complainant to elicit details of the crime and minimize retraumatization.
9. Craft the complainant's direct examination to re-create the reality of the crime.
10. Be sensitive to the wide variety of possible cultural differences between the prosecutor and the complainant, the prosecutor and the jury, and the complainant and the jury in order to develop strategies to bridge these gaps.
11. Introduce and use expert testimony, understanding the limitations of that testimony.
12. Understand the importance of expert medical testimony even in a case where the victim did not appear to have extrinsic physical injuries.
13. Understand what a Sexual Assault Forensic Examiner does.
14. Understand the nonstranger rapist who does not fit the stereotypical view of who rapists are and what they look like.
15. Understand how to investigate and use a defendant's prior bad acts in a consent case.
16. Understand key components and limitations of effective sex offender treatment.
17. Apply the information learned in this curriculum when making decisions regarding charging the defendant, plea offers, and sentencing recommendations.
18. Promote the sensitive and informed handling of rape cases.
19. Work effectively with victim advocates.
20. Recognize, deal with and prevent vicarious trauma.
21. Understand DNA evidence and how to make it comprehensible to a jury.
22. Understand how to investigate and prosecute drug-facilitated rapes.
23. Apply the lessons learned during this program in their own offices and communities.

Curriculum format

This curriculum comprises three parts:

Part I.Faculty Manual
Part II. Participant's Binder
Part III.Resources Book, Volumes I and II

Part I, the Faculty Manual , explains in detail how to present the curriculum and the substantive content to be communicated. It is essential reading for everyone involved in planning and teaching this curriculum, including outside experts. It should be used in training prosecutor presenters and non-prosecutor faculty.

Part II, the Participant's Binder , contains all of the materials participants will need during the program: the case study, exercise directions and worksheets, report back forms, lecture outlines, checklists, hardcopy of the experts? slides for easy reference and evaluation instruments.

Part III, the Resources Book, Volumes I and II , contains reports, studies, articles, and excerpts that provide background on the substantive content of the curriculum and permit the reader to consider these subjects in greater depth than may be possible during the program. (These resources are not available online.)

The contents of Parts II and III, the Participant's Binder and the Resources Book, Volumes I and II, should be reproduced and provided to participants at the program.

Planning the program

Prosecutors and prosecutor coordinators wishing to present the full curriculum need to plan carefully. The initial steps for planning this program are similar to those for any prosecutor education program.

Planning committee

The first step is to convene a planning committee (the committee). If the state prosecutor coordinator is not the convenor, s/he should be included as a member of the committee. The other members should be prosecutors who are experienced trainers, as well as prosecutors who are knowledgeable about the subject and have tried sexual assault cases.

Beginning the planning process

The committee should read the Faculty Manual and Participant's Binder, view all the videotapes used during the program, and be familiar with the Resources Book, Volumes I and II. One objective of the committee should be to plan the program in light of local needs. The committee should consider such issues as:

• the nature of the audience for the program, including the prosecutors' level of experience;
• the key objectives of the program;
• adapting the curriculum to reflect local statutes and case law;
• the anticipated number of participants; and
• the time available, i.e., whether the program will be presented in one session or over a period of time.

Curriculum faculty

The choice of program faculty is critical. The curriculum requires faculty with a wide variety of expertise, as described below. In choosing faculty, select people who will agree to be trained in presenting this curriculum. As stated earlier, this is not a curriculum in which individual faculty can drop in to present their set pieces and leave. Each faculty member's specific responsibilities are detailed on pages xiv-xvi.

Program moderator

The program moderator acts as the "Master of Ceremonies" for the entire four-day program. The program moderator has primary responsibility for opening and closing the program and each unit, keeping the program running on time, referring participants to the relevant sections of the Participant's Binder and Resources Book, distributing and collecting daily evaluations and distributing Certificates of Completion and Continuing Legal Education Certificates. The program moderator must be willing and able to challenge his or her colleagues in a diplomatic and non-judgmental way, in order to keep the discussions focused on the key issues raised by the curriculum.

The program moderator can also serve as a faculty member and teach one or more of the units.

Prosecutor presenters and expert faculty

The curriculum requires as faculty:

• prosecutors with extensive experience with adult sexual assault cases;
• a victim impact expert with extensive experience with adult sexual assault victims;
• a sex offender expert with extensive experience with sex offenders who victimize adults;
• a victim advocate with extensive experience with adult sexual assault cases;
• a Sexual Assault Forensic Examiner;
• an individual with expertise in cultural competence, who may be one of the experts listed above;
• a DNA expert; and
• an expert on drug-facilitated rape.

With respect to the units on DNA and drug-facilitated rape, the Laboratory Units of the Federal Bureau of Investigation provide skilled trainers from the Bureau?s DNA and Forensic Toxicology Laboratories. Contact Dr. Joseph A. Di Zinno, Section Chief, Scientific Analysis Section, F.B.I. Laboratory, directly to arrange for presenters. His phone number is 202-324-4416. Call as far in advance of your program as possible.

Each faculty member must be both an expert in his or her field and a skilled trainer . The committee should involve these experts in the planning process as soon as they are identified and work with them throughout, so that they are aware of what is expected of them and what their role is in the context of the entire curriculum.

Expert faculty presenters

When non-prosecutor faculty are invited to speak, special issues arise. In order for their presentations to be instructive and acceptable to prosecutors, these presenters may need assistance in developing their materials and approach for a prosecution audience. The non-prosecutor presenter should understand the prosecutor's role and legal and ethical obligations. Prosecutors experienced in prosecutor education should work with these experts to prepare their presentations. They should act as "translators" who draw out the implications of the medical and social science for the prosecutors. The expert must link the non-legal information to the prosecutor's responsibilities in charging and prosecuting a case and explain how it can be applied. It is important that experts not speak in jargon or in abstractions. For example, the victim impact expert should not simply say that rape victims often suffer denial after the assault, but rather explain what "denial" means. The expert should explain how denial manifests itself and what that means for the trial process. For instance, a victim may not always cooperate in the trial process; she may miss appointments with the prosecutor or arrive late for court dates.

The prosecutor educators can confer credibility on the non-prosecutor presenters by introducing them in a way that stresses their expertise and legitimates the importance and relevance of the material in assisting the prosecutor to prosecute these cases.

This group of experts, referred to collectively below as expert faculty presenters are the content experts on particular subjects. They have responsibility for presenting one or more units. These faculty presenters may also serve as small-group facilitators whenever possible.

Small-group facilitators

The committee should select small-group facilitators, one for every six to eight prosecutors. The committee may wish to use the faculty in this role. They will already know the curriculum, therefore minimizing the necessity for additional training. This also avoids the problem of the faculty sitting together and talking during the program, which is disruptive and creates an unpleasant atmosphere. Again, be mindful that small-group facilitators must be knowledgeable about the subject, the curriculum, and be skilled facilitators. The committee should strive to incorporate balance in faculty selection with respect to level of experience, sex, ethnicity, race, geography and jurisdictions.

Conduct faculty training on small-group facilitation whether you use the faculty presenters for this task or choose others. Facilitators must be completely familiar with the exercises in order to properly direct their groups.

Faculty duties

Program moderator

The program moderator is key. The prosecutor selected for that position should be knowledgeable about sexual assault cases, familiar with the curriculum, and a skilled facilitator.

Program moderator's duties

Before the program, the program moderator should:

• become completely familiar with the Faculty Manual, including the slides provided at the end of the Faculty Manual in the Appendices;
• review the Participant's Binder and the Resources Book;
• answer the questions in the Participant's Binder to become familiar with the exercises;
• watch the videos;
• review the relevant local statutes, rules, and leading cases;
• prepare opening and closing remarks;
• prepare faculty introductions; and
• participate in faculty training.

During the program the program moderator is responsible for:

• welcoming participants;
• introducing the program;
• explaining the Resources Book (see below);
• making certain the group adheres to the agenda;
• distributing each day's evaluation and ensuring that it is completed by day's end;
• introducing each unit of the program;
• introducing the faculty;
• making sure the discussion stays focused;
• managing the participants in such a way that no one dominates the discussions and that all of the prosecutors are encouraged to participate;
• closing each unit and suggesting future uses for the Resources Book;
• having participants complete their surveys, postcards, and evaluations;
• collecting the surveys, postcards, and evaluations;
• closing the program; and
• distributing Certificates of Completion and CLE Credit Forms.

Explaining the resources book:

At the start of each unit, the program moderator should write on a flip chart or overhead slide the relevant volume(s) and tab(s) references from the Resources Book. While introducing each unit of the program, refer to relevant materials in the Resources Book by indicating the volume and tabs where they can be located. Repeat this at the end of each unit.

Prosecutor presenters' and experts' duties

Before the program the expert faculty presenters should:

• become completely familiar with the Faculty Manual unit(s) which the expert will be presenting and prepare his or her presentation, lecture and slides according to the instructions in the manual;
• review the complete Faculty Manual, including the slides provided at the end of the Faculty Manual in the Appendices, to understand how his or her unit(s) fit into the entire curriculum;
• review the Participant's Binder and segments of the Resources Book relevant to the expert faculty member's unit;
• answer the questions in the Participant?s Binder to become familiar with the exercises;
• watch the videos relevant to their units;
• review the relevant local statutes, rules and leading cases;
• participate in faculty training;

During the program the expert faculty presenters are responsible for:

• facilitating discussion, as appropriate, during the units they teach;
• ensuring that certain participants do not dominate the discussion;
• responding to questions as they arise; and
• refering to the Resources Book whenever relevant and reminding participants to use it for future cases.

Small-group facilitators' duties

Prior to the faculty training meeting the small-group facilitators should:

• become completely familiar with the Faculty Manual, including the slides provided at the end of the Faculty Manual in the Appendices;
• review the Participant's Binder and Resources Book;
• answer the questions in the Participant's Binder to familiarize themselves with the exercises;
• watch the videos; and
• review the relevant local statutes, rules and leading cases.

During the program, the small-group facilitators lead each of the small-group exercises included in the curriculum. For each exercise, the facilitator should:

• introduce him or herself and the other participants in the small group (for the first exercise only);
• give directions for the exercise;
• assign a reporter as per directions in the exercises;
• appoint one group member to keep track of the time for each exercise;
• facilitate discussion of the exercise;
• emphasize the interactive quality of the training so participants will be actively engaged and encouraged to participate in every aspect of the program;
• keep the group focused on the topic of the exercise;
• encourage different viewpoints to be discussed before the group decides on a reponse;
• elicit responses from the quieter members of the group; and
• ensure that certain members of the group do not dominate the discussion.

Schedule faculty workshop

A critical element in the planning process is faculty training. To ensure that each faculty member is thoroughly familiar with the curriculum generally and the sections he or she will teach, it is essential to conduct one or more faculty workshops. It is important for the faculty to meet in-person to work out the presentations, discuss supplementing the curriculum with local legal material, and arrange the necessary program logistics. Local experts may have additional materials or suggestions to incorporate. During this workshop, the faculty will act as both presenter and audience. This ensures that the presenters understand what they are required to present, the flow of the program, and that they are familiar with the overall curriculum.

The committee should set a faculty workshop agenda. This agenda should reflect the order of the overall curriculum agenda. This will show the full faculty how the various components of the program build upon each other. Allow two days for the faculty workshop.

Send the Faculty Manual, Participant?s Binder, Resources Book, Volumes I and II, and faculty workshop agenda to faculty well in advance of the workshop.

The prosecutor coordinator or whoever is planning the program should provide the necessary audio-visual equipment to show the slides, videotapes or overhead slides for each unit presented. This will give the faculty a clear sense of how these materials are incorporated into the program. Arrange to have lunch delivered to the meeting to save time.

Curriculum length

Rape and sexual assault are subjects to which a great deal of time could and should be devoted. This curriculum requires four days to present in its entirety. Although the program is long, participants in the pilot programs reported that each unit was important and recommended that nothing be cut. Therefore, we encourage you to plan your program with this in mind.

If it is not possible to devote the full four days to the curriculum in one session, it can also be presented as a series of two or four parts. Keep in mind that each unit builds on what was covered in the prior units and these critical lessons will be lost if too much time elapses between sessions. Therefore, present the sessions in close succession.

Suggested curriculum program agenda

The agenda

The suggested agenda on the previous pages includes all of the units in the order in which they should be presented during the full four-day program. If four days is more time than can be devoted in one session, the committee can plan to present the complete program in two, two-day sessions or four daylong sessions. However, as noted above, it is important to present these sessions close in time to each other to benefit from the fact that each unit of the curriculum builds on those that preceeded it.

Breaks and lunches

The suggested four-day agenda contained in this Faculty Manual recommends short breaks and one-hour lunch breaks for each training day. The committee should be mindful of your audience?s needs and schedule breaks and lunches with which the prosecutors in your jurisdiction are comfortable. Adult learning principles recommend that adult learners need to break at least every 90 minutes.

State specific materials

This curriculum is presented as a "generic model" to be adapted to reflect each state's statutes and case law. State statutes on rape and sexual assault may differ widely. Some do not use the word "rape." Some require consent "freely and voluntarily given." One statute provides a lesser penalty for the rapist of a "social companion." Some still maintain the martial rape exemption. Your state statutes and case law will affect many issues discussed in this curriculum. The curriculum includes hypotheticals. It may be necessary to alter these in order to be relevant in your state and give participants the opportunity to apply your state law. The exercises should be useful in training your prosecutors to apply your state law to an issue that may be presented in a local case. You may want to obtain rape statistics for your state, as well as information about local resources for rape victims, victim right?s legislation and sex offender treatment options. Locate local experts in these fields to participate in your program and present each unit.

Visual materials

Research has shown that adult learning is more effective and is retained for a longer period when the information presented is conveyed both visually and orally. Therefore, we urge faculty to present information through slides or overheads and videotapes, as well as by lecture and discussion.

Slides

Almost every unit of the curriculum includes slides related to the expert presentations or the exercises. These slides are provided in the Appendices at the back of this Faculty Manual. In each unit of the curriculum, the faculty is referred to the Appendix which contains the slides for that unit. The committee can reproduce the slides in either Power Point format, for those who have access to Power Point on their computers and an LCD projector, or as overhead slides on acetate transparencies. In either case, the slides can also be printed in notebook format, three to a page, to be placed in the Participant's Binders.

The website contains all of the slides used in the curriculum.

Videotapes

The curriculum uses several videotape presentations:

• Someone You Know;
• State of Art Forensic Examination of the Adult Sexual Assault Victim;
• Sexual Assault Care: Sexual Assault the Health Care Response;
• Celebrate Living;
• Bob and Lisa Mock Jury Deliberation; and
• The" Undetected" Rapist .

If it is not possible to find a prosecutor from your jurisdiction or an F.B.I. Forensic Toxicologist able to teach the unit on drug-facilitated rape, substitute the videotape The Prosecution of Rohypnol and GHB Related Sexual Assaults for a live presentation.

This Faculty Manual provides a description of each videotape and how to use it in the unit where it is to be shown. Ordering information is also provided on pages xxv and xxvi. Be mindful of the time it will take to order and receive the tapes. You will want them in your possession well before the planning committee meeting.

These videos are important because they visually communicate concepts that cannot be conveyed in the abstract. For example, State of Art Forensic Examination of the Adult Sexual Assault Victim graphically presents a sexual assault examination. The videotape will enable prosecutors to understand the medical procedures a rape victim must endure, and be able to describe this procedure to the jury. It can also help prosecutors to understand aspects of a sexual assault examination that a defense attorney might challenge during the medical witness? cross-examination.

Videotape ordering information

" Someone You Know ," contact:
The Phoenix Learning Group, Inc.
2349 Chaffee Drive
St. Louis, MO 63146
Phone: (314) 569-0211
Fax: (314) 569-2834
E-mail: phoenix@world.att
Cost: $125.00

" State of Art Forensic Examination of the Adult Sexual Assault Victim ," contact:
Dr. Randall L. Brown, Medical Director
STOP Rape Crisis Center
District Attorney?s Office
233 St. Ferdinand Street
Baton Rouge, LA 70802
Phone: (225) 389-3456
Fax: (225) 389-5685
Email: jwood@ebrda.org
No Cost

" Sexual Assault Care: Sexual Assault the Health Care Response ," contact:
Institute of Legal Medicine, University of Bern
Buhlstrasse, 20,
CH-3012 Bern
SWITZERLAND
Phone: (41)(31) 631-8412
Fax: (41)(31) 631-3833
E-mail: dna@irm.unibe.ch
Request the medical version #ISBN-3-95-21547-0-9.
Cost: approximately $90.00 US

" Celebrate Living ," a 4-minute motivational video, contact:
United Way of America
701 N. Fairfax Street
Alexandria, VA. 22314-2045
Phone: (703) 836-7100
Fax: (703) 683-7840
Web site: www.unitedway.org
Cost: $15.00

" The 'Undetected' Rapist ," contact:
National Judicial Education Program
395 Hudson Street, 5th Floor
New York, NY 10014
Phone: (212) 925-6635
Fax: (212) 226-1066
E-mail: njep@nowldef.org
Cost: $15.00

" Bob and Lisa" Mock Jury Deliberation , contact:
Stephen J. Paterson
President
Jury Sciences, LLC
609 Deep Valley Drive, Suite 200
Rolling Hills Estates, CA 90274
Phone: (310) 544-8773
Fax: (310) 544-8794
E-mail: sjp@vindim.com
Cost: $50.00

" The Prosecution of Rohypnol and GHB Related Sexual Assaults ," contact:
Tamara Kitchen
Administrative Assistant
American Prosecutors Research Institute
Violence Against Women Program
99 Canal Center Plaza
Alexandria VA 22314
Phone: (703) 519-1659
Fax: (703) 836-3195
E-mail: tamara.kitchen@ndaa-apri.org
Cost: $30.00 (video and manual)

Program logistics

The logistics involved in presenting Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases depend on the number of days chosen for the program, the number of participants, the size of the room and the number of faculty, facilitators and other presenters. This section contains suggestions about the program logistics which can be tailored depending on the type of program you plan to present.

Group Size

The National Judicial Education Program has presented this four-day program to groups of approximately 25 to 30 prosecutors. The prosecutors were divided into small groups of six to eight, with a trained faculty member assigned to each group to facilitate the small-group discussions and exercises.

If the planning committee decides to present the program to a larger group, we strongly recommend training additional prosecutors to act as small-group facilitators.

Room size and room set-up

The curriculum uses many slides and videotapes. Although copies of all of the slides should be reproduced for the Participant's Binder, it is important that participants do not need to strain to see the visuals. The room should be small enough so that all participants can easily see the slide screen and television monitor. You may need more than one monitor to provide a good view for all participants. The room should also be large enough to allow all participants space to open their Participant?s Binders on their tables, allowing them to read the questions posed for each exercise and take notes.

Table set-up

The room should be set up so that participants are sitting at round tables. Seat participants so that they can see the presenter without having to turn their chairs. When the National Judicial Education Program presents the curriculum, we use large round tables and seat participants in a semi-circle facing forward. This gives them room to spread out their materials and they do not have to turn to see the slide screen or television monitor. The participants at each table then become the small group for the discussions. A small-group facilitator is assigned to each table.

Lighting

Participants need to be able to see the slide screen and television monitors without any glare. They also need to be able to see the program moderator and presenters. If lights are dimmed to enable participants to see the slides and videos, arrange for some spot lighting, or turn the lights back up at the end of each unit, so that the moderator or other presenters are not standing in the dark.

Other necessary materials

You will need to have one postage-paid postcard for each participant. The postcards will be distributed on Day IV, during the "Improving Your Agency: How to Get There" segment of the program.

Audio-visual and other equipment requirements

You will need a variety of audio-visual equipment to present this curriculum. The equipment needed depends on the room size, the number of participants and whether you select a Power Point or overhead format. Following are the basic requirements, which can be tailored to meet the needs of your particular program:

• Television monitors and VHS video player : At least one television monitor, preferably the largest one available, and a VHS video player are required to show the videos. We recommend that you use two television monitors, if possible, to make it easier for participants to view the screen.
• Slide screen : Whether you select Power Point slides or overheads you will need a screen on which to show them. Place the screen and projector far enough away from each other to avoid image distortion.
• LCD projector: If you select the Power Point format you will need an LCD projector, which works with a computer to display the Power Point slides.
• Overhead projector: If you select the overhead format you will need an overhead projector to show the slides. Remember that the overheads must be printed on acetate transparencies.
• Podium and speaker's microphone: The program moderator should have a podium and a microphone. A hand-held microphone is awkward for the moderator to use, so we suggest that you use either a lapel microphone or one attached to the podium.
• Faculty lapel microphones: A lapel microphone is recommended for faculty so that they are not tied to the podium.
• Head table with microphones: If you are using a panel of presenters, we recommend that you set up a head table with separate microphones, if possible.
• Other microphones: Depending on the size of the group, you may want to have a few hand-held wireless microphones to use when participants are speaking so that everyone can hear the comments made.
• Flip charts, white board or overhead projector: Some presenters like to record comments or suggestions on a flip chart, a white board or an overhead transparency. If your planning committee decides to use any of these visual aids, be sure you have an adequate supply of non-toxic pens as well.

Terminology

The curriculum focuses on adult female victims because they constitute the majority of rape victims. Therefore, victims, complaining witnesses, and complainants are referred to as "she" and defendants as "he." There are references to male victims in the forensic examination videotape and the Resources Book.

For ease of reference, the terms victim, complaining witness, and complainant are used interchangeably.

Sensitivity to the subject matter

Rape is a highly charged subject. This is particularly true of nonstranger rape. All faculty should be prepared for the possibility of intense, emotional and possibly angry responses from participants, or even a hostile refusal to participate at all. It is therefore particularly important to direct non-prosecutor faculty to avoid being personal or confrontational with participants.

Given the high incidence of sex crimes against children and adults, it is likely that some participants or members of their families have been victims of sexual abuse or assault. This program may be difficult for them. It is of utmost importance that no experience of sexual abuse be minimized or trivialized.

Be careful about permitting questions about the personal experiences of prosecutors in the audience. Done carefully, however, this can be a powerful teaching tool. For example, a criminal law professor at the University of Kentucky begins teaching about rape by asking each student to state what he or she does on a daily basis to protect himself or herself from rape. She begins with the men and gets no response apart from silence and nervous laughter. When she asks the women, every one of them has something to say. The men are always amazed to learn that fear of rape is a daily concern for their female colleagues. If you use such a technique, it should be no more personal than this.

No faculty member should make jokes about the subject matter. These jokes may be intended as a well-meant effort to diffuse nervous tension in the room, but they work to trivialize the issue.

Concluding the program

Closing remarks

In addition to completing each unit with a formal closing, at the end of the program the program moderator should take a few minutes to make closing remarks.

At the end of these remarks the moderator should ask participants to complete and submit their evaluations, as described below. Allow at least five minutes writing time. Once all evaluations are in, the moderator presents each participant with a certificate of completion and, if the program has been approved in advance by your state's bar association, a Continuing Legal Education (C.L.E.) credit form.

Evaluation instrument

For the pilot programs of this curriculum, the National Judicial Education Program developed a highly detailed evaluation instrument. The aim is to evaluate each unit's faculty presentations and written materials. We have found it a good practice to provide the evaluation for each day's program on that morning and ask participants to fill it in at the end of each unit. Be sure to allow time at the end of the day for participants to complete the day's evaluation and turn it in. This allows participants to make their comments immediately. The complete evaluation instrument is included at Appendix 1 of this Faculty Manual.

Continuing legal education

Check with your state?s bar association about how your organization can become an approved C.L.E. provider. Allow at least eight weeks from the start of the C.L.E. provider application process to the time you schedule this program.

Certificate of completion

After all of the evaluations are turned in, the program moderator presents each participant with a Certificate of Completion, included at Appendix 21 of this Faculty Manual.

Feedback about your program

The National Judicial Education Program is interested in receiving ongoing feedback about this curriculum and would appreciate it if prosecutor coordinators would send evaluation summaries and other feedback to:

Lynn Hecht Schafran, Esq., Director
National Judicial Education Program
395 Hudson Street, 5th Floor
New York, NY 10014
Phone: (212) 925-6635
Fax: (212) 226-1066
Email: njep@nowldef.org
www.njep.org

This will enable us to learn more about how the curriculum is received and guide us as we develop additional material for prosecutors and others in the legal system.

Pre-conference assignments

Overview: Participants are asked to think about the questions below prior to attending the conference. Their answers will be elicited throughout the program.

1. What was the best voir dire question you ever asked or heard about in a nonstranger rape case?
2. What was the most effective prosecution strategy you ever used or heard about in a nonstranger rape case?
3. What was the most effective defense tactic you have encountered or heard about in a nonstranger rape case?
4. What obligations must you fulfill under your state's victims' rights legislation?
5. Prosecutors and complainants are often from different backgrounds-what strategies have you used to bridge the gaps?

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Footnotes

1. Charles Claxton, Curriculum Development in Judicial Education: A Development Model , paper presented at the Advanced Leadership Training Program, Leadership in Judicial Education, Washington D.C. (August 26-29, 1993) at 4.

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