The Role of Prosecutors in Cases of Staff Sexual Misconduct with Offenders Investigating Allegations of Staff Sexual Misconduct with Offenders July 10-15, 2005

Training Objectives  To understand the role of the prosecutor during investigations of staff sexual misconduct with offenders  To understand what prosecutors want before they will accept a case of staff sexual misconduct with an offender  To understand what prosecutors need to successfully prosecute someone of staff sexual misconduct with an offender

DEFENSES  Identity  Bias  Fabrication  Nullification

SEX CASES IN GENERAL  He said, she said  What exactly is consent  Lack of physical / biological evidence  Sexist attitudes

AGENCY CASES IN GENERAL  Victim is a criminal  Gets what s/he deserves  Witnesses are criminals  Law enforcement benefit of the doubt  Civil $$$$ Suit

PELICAN BAY  Fight  Distance  Rapist / Child Molester  Internal Investigation Found Good Shot  Powerful Union

Who Cares #1  Nullification

“No Harm, No Foul”  Georgia Juvenile Rape

Who Cares #2  Consent Consent is not a defense The issue is power  What if offender refuses?

The Prosecutor’s Role  The Hammer  The Independent Analyst  The Director

What Prosecutors Want  Staff v. Offender = waste of time  Tie it in a Bow - Quickly Evidence – physical / biological Interview every potential offender witness Interview every potential staff witness Medical records – psychological / physical Photographs / Diagrams of the scene Offender records (disciplinary / program) Internal policy manuals / training records

What Prosecutors Add  Independent Investigation  Grand Jury Compulsion  Experts Medical Sexual assault DNA  Cover

THEMES  8th Amendment  “A Nation of laws”  “Duty to follow the law”  “No one is above the law”  “Thin Blue Line” / “Code of Silence”  Whistleblower  Lessons Learned

THE IMPACT  INCARCERATION v UNEMPLOYMENT Just – rapists belong incarcerated Sends the right message – inexcusable Deterrence – make them think Safer environments – rules are rules

How To Deal With The Reticent Prosecutor  Get Him/Her Involved Early  Be Responsive  Personally Present Full Report  Follow-up Regularly  Document All Conversations  Supervisor to Supervisor