Going Forward without the Victim: Evidence-Based Prosecution of Intimate Partner Violence

Описание: Victims’ needs and experiences should be placed at the center of intimate partner violence prosecutions. Often times, victims of intimate partner violence are intimidated or manipulated by perpetrators, which may discourage them from participating in prosecutions. When victims do testify, they may still be pressured to recant prior statements, minimize the level of violence or the defendant’s culpability, or even testify on behalf of the defendant. These cases can still be prosecuted successfully. A thorough and well-documented investigation enables the prosecution to build an evidence-based case that does not depend upon—but is strongly supportive of—victim testimony.

This presentation examines evidence-based prosecution techniques that will enable prosecutors to try all intimate partner violence cases—including those in which the victim is absent or a reluctant witness. The presenter focuses on effective investigative techniques for documenting and securing evidence, including physical and forensic evidence, that will prove the elements of the offense. The presenter also focuses on pre-trial and trial strategies that will enable the jury to return a guilty verdict based upon the evidence, regardless of whether or how the victim testifies.

At the conclusion of this presentation, participants will be better able to:
Ensure a victim-centered and offender-focused approach to intimate partner violence cases.
Identify and secure important evidence that will strengthen and enhance the case regardless of victim participation.
Introduce evidence of other crimes or acts under proper purposes for which they may be admitted.
Identify evidence, records, or information that may be confidential, privileged or otherwise inadmissible.
Develop trial strategies from voir dire through closing that enhance an evidence-based case.

This presentation was produced by AEquitas under Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice.