Understanding Sexual Violence: Tab 1

Understanding sexual violence:
Prosecuting adult rape and sexual assault cases

Tab 1: Pre-conference assignments and program agenda

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.

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

Program agenda

Day I:

8:00-8:30 a.m. Registration
Staff: Administrative Support Personnel to register participants

8:30-9:00 a.m. Welcome/Participant Self-Introductions
Faculty: Program Moderator

9:00-9:15 a.m. Introduction, Overview of Program & Resources Book and faculty introductions
Faculty: Program Moderator

9:15-10:15 a.m. Opening Your Case File – State v. Michael Cates:
Case Evaluation and Ethical Considerations
Faculty: Prosecutor Presenter(s)
The Participant’s Binder Contains: The case file State v. Michael Cates (Detective’s Report and District Attorney write up), at Tab 3, page 3-2, "Opening Your Case File" Worksheet, at Tab 3, page 3-15, and "Ethical Considerations" Exercise Directions and Worksheet, at Tab 3, page 3-17.
The Resources Book Contains: Other material relevant to this section is in Volume 1, Tab 1, "Prosecutor’s Code of Conduct," Tab 2, "Rape Myths: The Prosecutor’s Special Challenge," and Tab 8, "Investigation Techniques," as well as in Volume II, Tab 17, "Interagency Cooperation."

10:15-10:30 a.m. Break

8:00-8:30 a.m.	Registration Staff: Administrative Support Personnel to register participants

8:30-9:00 a.m.	Welcome/Participant Self-Introductions Faculty: Program Moderator

9:00-9:15 a.m.	Introduction, Overview of Program & Resources Book and faculty introductions Faculty: Program Moderator

9:15-10:15 a.m.	Opening Your Case File – State v. Michael Cates: Case Evaluation and Ethical Considerations Faculty: Prosecutor Presenter(s) The Participant’s Binder Contains: The case file State v. Michael Cates (Detective’s Report and District Attorney write up), at Tab 3, page 3-2, "Opening Your Case File" Worksheet, at Tab 3, page 3-15, and "Ethical Considerations" Exercise Directions and Worksheet, at Tab 3, page 3-17. The Resources Book Contains: Other material relevant to this section is in Volume 1, Tab 1, "Prosecutor’s Code of Conduct," Tab 2, "Rape Myths: The Prosecutor’s Special Challenge," and Tab 8, "Investigation Techniques," as well as in Volume II, Tab 17, "Interagency Cooperation."

10:15-10:30 a.m.	Break

Victims: What prosecutors need to know

10:30-12:00 p.m. Victim Impact – Overview
Faculty: Victim Impact Expert
The Participant’s Binder contains: Expert’s Slides for Parts I and III are in Tab 4, page 4-2.
The Resources Book Contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact."

12:00-1:00 p.m. Lunch

1:00-2:00 p.m. The Neurobiology of Trauma: Implications for Rape Victims
Faculty: Victim Impact Expert
The Participant’s Binder contains: "Neurobiology of Trauma" Slides at Tab 5, page 5-2.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact."

2:00-2:15 p.m. Victim Impact and Interviewing: Who Must the Complaint Tell
Faculty: Victim Impact Expert

2:15-3:30 p.m. Interviews: Working with the Victim to Pull the Case Together
Faculty: Prosecutor Presenter(s), Victim Impact Expert and Victim Advocate
The Participant’s Binder contains:"The outline "Working with the Victim to Pull the Case Together" is in Tab 6, page 6-2, and "Tensions in the Initial Interview" Exercise Directions and Worksheet at Tab 6, page 6-5.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation."

3:30-3:45 p.m. Break

3:45-4:45 p.m. Enhancing the Prosecutor/Victim Partnership: Building Trust
Faculty: Prosecutor
The Participant’s Binder contains: "Building Trust with Amanda Brown" Exercise Directions and Worksheet at Tab 6, page 6-10 and "Building Trust with Diverse Victims" Exercise Directions and Worksheet at Tab 6, page 6-11.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 4, "Cultural Competence and Victim Sensitivity."

4:45-4:50 p.m. Stretch Break

4:50-5:35 p.m. Exercise: Getting the Real Deal
Faculty: Prosecutor Presenter(s)
The Participant’s Binder contains: "Getting the Real Deal" Exercise Directions and Worksheet at Tab 6, page 6-7.

10:30-12:00 p.m.	Victim Impact – Overview Faculty: Victim Impact Expert The Participant’s Binder contains: Expert’s Slides for Parts I and III are in Tab 4, page 4-2. The Resources Book Contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact."

12:00-1:00 p.m.	Lunch

1:00-2:00 p.m.	The Neurobiology of Trauma: Implications for Rape Victims Faculty: Victim Impact Expert The Participant’s Binder contains: "Neurobiology of Trauma" Slides at Tab 5, page 5-2. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact."

2:00-2:15 p.m.	Victim Impact and Interviewing: Who Must the Complaint Tell Faculty: Victim Impact Expert
2:15-3:30 p.m.	Interviews: Working with the Victim to Pull the Case Together Faculty: Prosecutor Presenter(s), Victim Impact Expert and Victim Advocate The Participant’s Binder contains:"The outline "Working with the Victim to Pull the Case Together" is in Tab 6, page 6-2, and "Tensions in the Initial Interview" Exercise Directions and Worksheet at Tab 6, page 6-5. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation."

3:30-3:45 p.m.	Break

3:45-4:45 p.m.	Enhancing the Prosecutor/Victim Partnership: Building Trust Faculty: Prosecutor The Participant’s Binder contains: "Building Trust with Amanda Brown" Exercise Directions and Worksheet at Tab 6, page 6-10 and "Building Trust with Diverse Victims" Exercise Directions and Worksheet at Tab 6, page 6-11. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 4, "Cultural Competence and Victim Sensitivity."


4:45-4:50 p.m.	Stretch Break

4:50-5:35 p.m.	Exercise: Getting the Real Deal Faculty: Prosecutor Presenter(s) The Participant’s Binder contains: "Getting the Real Deal" Exercise Directions and Worksheet at Tab 6, page 6-7.

Day II:

8:30-9:00 a.m. Victim Advocate/Prosecutor Relationship
Faculty: Victim Advocate
The Participant’s Binder contains:"Victim Advocate’s Outline" at Tab 7, page 7-2 and "Sample Victim Advocate Disclosure Form" at Tab 7, page 7-3.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 5, "Working With Victim Advocates."

9:00-9:30 a.m. Trial Preparation and Practice:Part I: Educating and Supporting the Complainant
Faculty: Prosecutor Presenter(s), Victim Advocate
The Participant’s Binder contains: The outline for this unit is at Tab 7, page 7-6.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation."
Part II: Thinking About Trial

9:30-9:45 a.m. Break

9:45-10:45 a.m. Direct Examination of the Complainant: Recreating the Reality of the Crime
Faculty: Prosecutor Presenter(s)
The Participant’s Binder contains: The outline for this unit at Tab 7, page 7-10 and relevant slides at Tab 7, page 7-14.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation."

10:45-10:55 a.m. Break

10:55-12:40 p.m. What Do Sexual Assault Forensic Examiners Do, and What Can They Do for You?
Faculty: Sexual Assault Forensic Examiner (S.A.F.E.), Prosecutor Presenter(s)
The Participant’s Binder contains: Related slides at Tab 8, page 8-2, outline for unit at Tab 8, page 8-14, and "Amanda Brown’s Medical History" at Tab 8, page 8-19.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 6, "Sexual Assault Forensic Examiners, S.A.N.E. and Medical Evidence."

12:40-1:40 p.m. Lunch

1:40-2:45 p.m. How An Expert Can Help You Support the Complainant and Prove Your Case More Effectively
Faculty: Prosecutor Presenter(s), Victim Impact Expert
The Participant’s Binder contains: Copies of all slides for this unit at Tab 8, page 8-29, "How an Expert Can Help You Support the Complainant and Make Your Case More Effectively" at Tab 8, page 8-36, "A Prosecutor’s Checklist: Using a Psychological Expert in a Sexual Assault Case" at Tab 8, page 8-47, "Tips on Working with a Medical Expert in a Sexual Assault Case" at Tab 8, page 8-54, "Expert’s Checklist" at Tab 8, page 8-57, and Local Law Case Annotations at Tab 8, page 8-63.
The Resources Book contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact," and "Expert Testimony in Sexual Assault Cases: Selected Case Law from Around the Country" which is in Volume I, Tab 7, "Expert Witnesses."

2:45-3:00 p.m. Break

3:00-4:00 p.m. State-Specific Law: Rape Shield Law, State-of-Mind/Experts
Faculty: Prosecutor Presenter(s)
The Participant’s Binder contains: "Rape Shield" Exercise Directions and Worksheet at Tab 8, page 8-80 and "State-of-Mind/Experts" Exercise Directions and Worksheet at Tab 8, page 8-81.

4:00-4:15 p.m. Break

4:15-5:15 p.m. How to Keep on Keepin’ On: Overcoming Vicarious Trauma
Faculty: Various Faculty
The Resources Book contain: Other material relevant to this section is in Volume II, Tab 11, "Vicarious Trauma."

8:30-9:00 a.m.	Victim Advocate/Prosecutor Relationship Faculty: Victim Advocate The Participant’s Binder contains:"Victim Advocate’s Outline" at Tab 7, page 7-2 and "Sample Victim Advocate Disclosure Form" at Tab 7, page 7-3. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 5, "Working With Victim Advocates."

9:00-9:30 a.m.	Trial Preparation and Practice:Part I: Educating and Supporting the Complainant Faculty: Prosecutor Presenter(s), Victim Advocate The Participant’s Binder contains: The outline for this unit is at Tab 7, page 7-6. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation." Part II: Thinking About Trial

9:30-9:45 a.m.	Break

9:45-10:45 a.m.	Direct Examination of the Complainant: Recreating the Reality of the Crime Faculty: Prosecutor Presenter(s) The Participant’s Binder contains: The outline for this unit at Tab 7, page 7-10 and relevant slides at Tab 7, page 7-14. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 9, "Witness Preparation."

10:45-10:55 a.m.	Break

10:55-12:40 p.m.	What Do Sexual Assault Forensic Examiners Do, and What Can They Do for You? Faculty: Sexual Assault Forensic Examiner (S.A.F.E.), Prosecutor Presenter(s) The Participant’s Binder contains: Related slides at Tab 8, page 8-2, outline for unit at Tab 8, page 8-14, and "Amanda Brown’s Medical History" at Tab 8, page 8-19. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 6, "Sexual Assault Forensic Examiners, S.A.N.E. and Medical Evidence."

12:40-1:40 p.m.	Lunch

1:40-2:45 p.m.	How An Expert Can Help You Support the Complainant and Prove Your Case More Effectively Faculty: Prosecutor Presenter(s), Victim Impact Expert The Participant’s Binder contains: Copies of all slides for this unit at Tab 8, page 8-29, "How an Expert Can Help You Support the Complainant and Make Your Case More Effectively" at Tab 8, page 8-36, "A Prosecutor’s Checklist: Using a Psychological Expert in a Sexual Assault Case" at Tab 8, page 8-47, "Tips on Working with a Medical Expert in a Sexual Assault Case" at Tab 8, page 8-54, "Expert’s Checklist" at Tab 8, page 8-57, and Local Law Case Annotations at Tab 8, page 8-63. The Resources Book contains: Other material relevant to this section is in Volume I, Tab 3, "Victim Impact," and "Expert Testimony in Sexual Assault Cases: Selected Case Law from Around the Country" which is in Volume I, Tab 7, "Expert Witnesses."

2:45-3:00 p.m.	Break

3:00-4:00 p.m.	State-Specific Law: Rape Shield Law, State-of-Mind/Experts Faculty: Prosecutor Presenter(s) The Participant’s Binder contains: "Rape Shield" Exercise Directions and Worksheet at Tab 8, page 8-80 and "State-of-Mind/Experts" Exercise Directions and Worksheet at Tab 8, page 8-81.

4:00-4:15 p.m.	Break

4:15-5:15 p.m.	How to Keep on Keepin’ On: Overcoming Vicarious Trauma Faculty: Various Faculty The Resources Book contain: Other material relevant to this section is in Volume II, Tab 11, "Vicarious Trauma."

Day III:
Offenders: What Prosecutors Need to Know

8:30-9:30 a.m. Myths and Realities - Overview
Faculty: Offender Expert
The Participant’s Binder contains: The Expert’s slides for this unit, at Tab 9, page 9-2.

9:30-9:35 a.m. Stretch Break

9:35-10:35 a.m. Serial Offending and Prior Bad Acts
Faculty Needed: Offender Expert, Prosecutor Presenter(s)
The Participant’s Binder contains: The Expert’s slides for this unit, at Tab 9, page 9-8.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

10:35-10:45 a.m. Break

10:45-11:15 a.m. State-Specific Law Section: Prior Bad Acts
Faculty: Prosecutor Presenter(s)
The Participant’s Binder contains: The "Prior Bad Acts" Exercise Directions and Worksheet at Tab 9, page 9-14.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

11:15-11:20 a.m. Stretch Break

11:20-12:30 p.m. Pleas and Sentencing
Faculty: Prosecutor Presenter(s), Offender Expert
The Participant’s Binder contains: Relevant slides at Tab 10, page 10-2, the "Sentencing Recommendations" Exercise Directions and Worksheet at Tab 10, page 10-7, the "Defendant’s Sentencing Proposal" Exercise Directions and Worksheet at Tab 10, page 10-8, and the "Defendant’s Sentencing Proposal" at Tab 10, page 10-9.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

12:30-1:30 p.m. Lunch

1:30-2:30 p.m. Cross-Examination of a Defendant in a Consent Case
Faculty: Prosecutor Presenter(s )
The Participant’s Binder contains: "Cross-Examination" Exercise Directions and Worksheet at Tab 10, page 10-12 and relevant slides at Tab 10, page 10-13.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 14, "Cross-Examination."

2:30-2:35 p.m. Stretch Break

2:35-3:35 p.m. Voir Dire: Overview
Faculty: Prosecutor Presenter(s ), Expert on Juror Attitudes in Rape/Sexual Assault Cases
The Participant’s Binder contains: Relevant slides at Tab 11, page 11-2.

3:35-3:45 p.m. Break

3:45-4:45 p.m. Voir Dire: Exercises
Faculty: Prosecutor Presenter(s )
The Participant’s Binder contains: "Voir Dire" Slides at Tab 11, page 11-2, "Voir Dire Exercise" Directions and Worksheet (Overview) at Tab 11, page 11-7, Individual Participants’ Exercise Directions and Worksheet at Tab 11, page 11-8, and Reporter’s Exercise Directions and Worksheet at Tab 11, page 11-9.
The Resources Book Contains: Other material relevant to this section is in Volume I, Tab 2, "Rape Myths: A Prosecutor’s Special Challenge" and in Volume II, Tab 12, "Voir Dire."

8:30-9:30 a.m.	Myths and Realities - Overview Faculty: Offender Expert The Participant’s Binder contains: The Expert’s slides for this unit, at Tab 9, page 9-2.

9:30-9:35 a.m.	Stretch Break

9:35-10:35 a.m.	Serial Offending and Prior Bad Acts Faculty Needed: Offender Expert, Prosecutor Presenter(s) The Participant’s Binder contains: The Expert’s slides for this unit, at Tab 9, page 9-8. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

10:35-10:45 a.m.	Break

10:45-11:15 a.m.	State-Specific Law Section: Prior Bad Acts Faculty: Prosecutor Presenter(s) The Participant’s Binder contains: The "Prior Bad Acts" Exercise Directions and Worksheet at Tab 9, page 9-14. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

11:15-11:20 a.m.	Stretch Break

11:20-12:30 p.m.	Pleas and Sentencing Faculty: Prosecutor Presenter(s), Offender Expert The Participant’s Binder contains: Relevant slides at Tab 10, page 10-2, the "Sentencing Recommendations" Exercise Directions and Worksheet at Tab 10, page 10-7, the "Defendant’s Sentencing Proposal" Exercise Directions and Worksheet at Tab 10, page 10-8, and the "Defendant’s Sentencing Proposal" at Tab 10, page 10-9. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 13, "Sex Offenders, Sentencing and Sex Offender Treatment."

12:30-1:30 p.m.	Lunch

1:30-2:30 p.m.	Cross-Examination of a Defendant in a Consent Case Faculty: Prosecutor Presenter(s ) The Participant’s Binder contains: "Cross-Examination" Exercise Directions and Worksheet at Tab 10, page 10-12 and relevant slides at Tab 10, page 10-13. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 14, "Cross-Examination."

2:30-2:35 p.m.	Stretch Break

2:35-3:35 p.m.	Voir Dire: Overview Faculty: Prosecutor Presenter(s ), Expert on Juror Attitudes in Rape/Sexual Assault Cases The Participant’s Binder contains: Relevant slides at Tab 11, page 11-2.

3:35-3:45 p.m.	Break

3:45-4:45 p.m.	Voir Dire: Exercises Faculty: Prosecutor Presenter(s ) The Participant’s Binder contains: "Voir Dire" Slides at Tab 11, page 11-2, "Voir Dire Exercise" Directions and Worksheet (Overview) at Tab 11, page 11-7, Individual Participants’ Exercise Directions and Worksheet at Tab 11, page 11-8, and Reporter’s Exercise Directions and Worksheet at Tab 11, page 11-9. The Resources Book Contains: Other material relevant to this section is in Volume I, Tab 2, "Rape Myths: A Prosecutor’s Special Challenge" and in Volume II, Tab 12, "Voir Dire."

Day IV:

8:30-10:00 a.m. DNA Primer
Faculty: DNA Expert
The Participant’s Binder contains: Slides for this unit at Tab 12. page 12-2.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 15, "DNA."

10:00-10:15 a.m. Break

10:15-12:15 p.m. Drug-Facilitated Rape
Faculty: Forensic Toxicologist, Prosecutor Presenter(s)
The Participant’s Binder contains: Slides for this unit at Tab 13, page 13-2.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 16, "Drug-Facilitated Rape.

12:15-1:15 p.m. Lunch

1:15-2:15 p.m. Improving Your Agency: How to Get There
Faculty: Program Moderator, Prosecutor Presenter(s)
The Participant’s Binder contains: "Commitment" Worksheets at Tab 14, pages 14-2 to 14-4.
The Resources Book contains: Other material relevant to this section is in Volume II, Tab 17, "Improving Your Agency, Interagency Cooperation and Working with the Community."

2:15-2:30 p.m. Closing Remarks, Certificates of Completion & C.L.E. Credit Forms
Faculty: Program Moderator

8:30-10:00 a.m.	DNA Primer Faculty: DNA Expert The Participant’s Binder contains: Slides for this unit at Tab 12. page 12-2. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 15, "DNA."

10:00-10:15 a.m.	Break

10:15-12:15 p.m.	Drug-Facilitated Rape Faculty: Forensic Toxicologist, Prosecutor Presenter(s) The Participant’s Binder contains: Slides for this unit at Tab 13, page 13-2. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 16, "Drug-Facilitated Rape.

12:15-1:15 p.m.	Lunch

1:15-2:15 p.m.	Improving Your Agency: How to Get There Faculty: Program Moderator, Prosecutor Presenter(s) The Participant’s Binder contains: "Commitment" Worksheets at Tab 14, pages 14-2 to 14-4. The Resources Book contains: Other material relevant to this section is in Volume II, Tab 17, "Improving Your Agency, Interagency Cooperation and Working with the Community."

2:15-2:30 p.m.	Closing Remarks, Certificates of Completion & C.L.E. Credit Forms Faculty: Program Moderator

Conclusion of program

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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):

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