UNDERSTANDING SEXUAL VIOLENCE Prosecuting Adult Rape and Sexual Assault Cases 2001 National Judicial Education Program* *A project of Legal Momentum in cooperation with the National Association of Women Judges Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum National Judicial Education Program* 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 *A project of Legal Momentum in cooperation with the National Association of Women Judges © 2001 National Judicial Education Program ii Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum 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. iii Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum REQUEST FOR PERMISSION TO REPRINT OR ADAPT CONTENTS OF “Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases” 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. iv Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum 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. v Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum APPLICATION FOR PERMISSION TO REPRINT OR ADAPT CONTENTS OF “Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases” Application is being made by the named Applicant for a license which is governed by the terms of the “Request to Reprint or Adapt “Understanding Sexual Violence: Prosecuting Adult Rape and Sexual Assault Cases” to which this application is annexed: Applicant: Address: Telephone: Fax: Title of Work Incorporating Above Title: Nature of Work: Names of Authors and Editors: Name of Publisher: Describe Amount of Adaptation or Reprinting: Approximate Publication Date: Proposed Price: $ Additional Information: Signature: vi Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum Date: vii Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum TABLE OF CONTENTS Introduction to the Curriculum . viii Suggested Four-Day Agenda . xviii Pre-Conference Assignments . xxxii Day I: Welcome/Participant Self-Introductions . 1 Introduction, Overview of Program & Resources Book and Faculty Introductions . 2 Program Overview . 2 Resources Book Overview . 2 Opening Your Case File – State v. Michael Cates: Case Evaluation and Ethical Considerations . 3 Content Overview – Case Evaluation . 3 Content Overview – Ethical Considerations . 4 “Case File” Exercise Directions and Worksheet. 6 “Ethical Considerations” Exercise Directions and Worksheet . 7 VICTIMS: WHAT PROSECUTORS NEED TO KNOW Victim Impact – Overview . 8 Content Overview – Victim Impact . 8 “Someone You Know” Video Synopsis . 11 “Someone You Know” Discussion and Faculty Cheat Sheet . 12 The Neurobiology of Trauma: Implications for Rape Victims . 13 Content Overview – Neurobiology of Trauma . 13 Lecture Outline, see Visuals . 13 Victim Impact and Interviewing: Who Must the Complainant Tell . 14 Content Overview – Who Must the Complaint Tell . 14 “Who Must the Complainant Tell” Exercise Instructions . 14 Faculty Cheat Sheet . 16 Interviews: Working With the Victim to Pull the Case Together . 17 viii Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum Content Overview – Working With the Victim to Pull the Case Together . 17 Content Overview – Tensions in the Interviewing Process . 18 Caveat . 18 Lecture Outline: Key Points for Conducting the Interview . 19 Tensions in the Initial Interview . 20 Content Overview – Tensions in the Initial Interview . 20 “Tensions in the Initial Interview” Exercise Directions and Worksheet. 23 Enhancing the Prosecutor/Victim Partnership: Building Trust . 25 Content Overview – Enhancing the Prosecutor/Victim Partnership 25 “Building Trust with Amanda Brown” Exercise Directions and Worksheet . 28 “Building Trust with Diverse Victims” Exercise Directions and Worksheet . 29 “Building Trust with Diverse Victims” Faculty Cheat Sheet . 30 Exercise: Getting the Real Deal . 28 Content Overview – Getting the Real Deal . 28 Faculty Only: Rules for Getting the Real Deal Exercise . 29 Participants’ Exercise Directions and Worksheet . 31 Handout for Participant Playing the Complaining Witness Only . 32 “The Full Story” Handout. 33 Faculty Cheat Sheet . 35 CONCLUSION DAY I ix Understanding Sexual Violence Prosecuting Adult Rape and Sexual Assault Cases National Judicial Education Program, Legal Momentum Copyright © 2001 Legal Momentum Day II: Victim Advocate/Prosecutor Relationship . 37 Content Overview – Victim Advocate/Prosecutor Relationship . 37 Lecture Outline: Victim Advocate/Prosecutor Relationship . 38 Sample Victim Advocate Disclosure Form . 39 Trial Preparation and Practice: Part I: Educating and Supporting the Complainant . 40 Content Overview – Preparing the Complainant for Trial . 40 Lecture Outline: Preparing the Complainant for Trial . 40 Part II: Thinking About Trial . 42 Lecture Outline: Prosecutor’s Trial