A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability in Sexual and Domestic Violence Cases

Presented by: Jonathan Kurland and Jenn Dolle, Attorney Advisors at AEquitas

Prosecutors seeking justice in crimes of sexual and domestic violence must often balance holding perpetrators accountable and valuing victim autonomy. Many victims are unable to participate in the prosecution for reasons including fear, ongoing trauma, love for or loyalty to the perpetrator, intimidation, financial harm, self-blame, or embarrassment.  Reliving the traumatization of their sexual assault or domestic abuse while feeling like they are in the spotlight can be overwhelming and lead to reluctance to participate in the process. When this happens, the pressure to ensure offenders are fully prosecuted may tempt prosecutors to utilize more extreme methods such as material witness warrants or to seek body attachments or bench warrants—without full appreciation of the impact on the victim or consideration of possible alternatives.

This presentation will discuss the obstacles victims face when considering whether to participate in the prosecution of domestic violence or sexual assault and will suggest strategies that prosecutors can use to minimize these barriers to facilitate victim participation. Presenters will highlight the negative impacts that pre-trial detention and other next-level measures have on victims and on the community. In circumstances when victims are unable to participate, presenters will discuss possible alternatives for the prosecutor and considerations for balancing public safety risks with victim self-determination.

This project was supported by Grant No. 15JOVW-21-GK-02220-MUMU awarded by the U.S. Department of Justice, Office on Violence Against Women (OVW). The opinions, findings, conclusions, or recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the Department of Justice.

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