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Raped, Then Jailed: The Risks of Prosecution for Falsely Reporting Sexual Assault

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Duration
90 Minutes

Originally Aired
December 4, 2019

Sergeant Joanne Archambault (Ret.)
Founder & Chief Executive Officer, EVAWI

Sexual assault victims have often faced sources of bias, based on unjustified suspicions that their report is a false allegation. This webinar focuses on the scenario where victims summon the courage to report a sexual assault, only to be disbelieved, mistreated, and later charged (often erroneously) with false reporting or associated crimes such as obstruction of justice, interfering with law enforcement, or providing false statements. This presentation will detail how these scenarios unfold, highlighting factors that distinguish an interview conducted with a victim versus a suspect in a criminal investigation, and we document how this can result in a false confession. We then conclude with a discussion of how this injustice can be prevented, by following recommended practices for sexual assault investigations and victim interviews.

Objectives

As a result of this webinar, participants will be better able to:

  • Describe case scenarios where an individual reports being sexually assaulted to law enforcement, and is ultimately charged with false reporting or associated crimes.
  • Explain the role of coercive interrogation tactics in how these scenarios unfold.
  • Explore the two-phase decision-making process for determining whether prosecution is appropriate for falsely reporting a sexual assault or associated crimes.
  • Identify strategies for preventing the scenario, including best practices for sexual assault investigations, trauma-informed victim interviews, and improved responses by support people.

With a paid registration or subscription, you are free to personally listen to this webinar, as many times as you wish. You may also excerpt or cite the material following accepted conventions. However, you may not allow other individuals to listen to this webinar without their own registration or subscription.

This project is supported by Grant No. 2016-TA-AX-K010 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

This content is for Monthly Webinar Subscription, Annual Webinar Subscription, Lifetime Webinar Subscription, Bronze Agency Webinar Subscription (1-10 users), Silver Agency Webinar Subscription (11-25 users), Gold Agency Webinar Subscription (26-50 users), Platinum Agency Webinar Subscription (51-500 users), Webinar: Neurobiology of Sexual Assault – Part 2: Experience and Memory, Webinar: Raped, Then Jailed: The Risks of Prosecution for Falsely Reporting Sexual Assault, Webinar: Alternative Responses to Intimate Partner Prosecution: From Diversion to High Lethality, Webinar: Start by Believing: The Johnnetta McSwain Story: “Why Did Nobody Believe Us, Why, Why?”, Webinar: Understanding and Responding to Hate Against AAPI Communities, Lifetime Access – Violence Against Women and Exploitation by Illegal Street Gangs, Lifetime Access – Talking To Killers and Non-Lethal Abusers: What Can They Tell Us About Sexual Coercion and Jealousy, Lifetime Access – Getting It Right: Medical and Law Enforcement Responses to Trans Patients/Survivors , Lifetime Access – Innovation Meets Practice: How to Integrate Seek Then Speak into Your Local Sexual Assault Response, Caring for Deaf survivors: How can we do better?, Lifetime Access – “Nose Rings and Ankle Holsters” – A Discussion on Advocates and Cops, Lifetime Access – Preparing a Survivor to Testify: Beyond Sips of Water and Fidget Toys, Lifetime Access – Meeting Patients/Survivors Where They Are: Trauma-Informed Responses to Mental Health Effects, Webinar: Preventing Domestic Violence-Related Fatalities and Murder-Suicides: Turning Data Into Action, Webinar: Stop Fumbling the Victim Interview: Tools You Can Use Tomorrow, Webinar: Hey Siri, How Do You Increase Accountability & Safety in Stalking Cases?, Webinar: Seek Then Speak: A Simple Tool to Increase Survivors’ Access to Reporting and Services, Webinar: American Nightmare: Lessons from the Detective Who Got It Right, Webinar: Caring for Native Survivors: Sexual Assault Medical Forensic Exams, Webinar: Keep Calm and Testify On: A Practical Guide for Giving Expert Testimony , Webinar: Understanding and Confronting Vicarious Trauma, Webinar: Prepare for Court with the SAMFE Virtual Practicum, Webinar: Overcoming “Credibility Challenges” in Sexual Violence Investigations , Webinar: On the Record: Justice, Survivors, and the Media , Webinar: A Blueprint for Statewide Adoption of the Seek Then Speak Reporting Tool , Webinar: Something’s Missing in Our Response to Sexual Assault: Offender-Focused Investigations, Webinar: When Language Matters: A Strangulation Case Review of a Victim with Limited English Proficiency, Webinar: Culturally Responsive Care for Black Women Survivors of Intimate Partner Violence, and Webinar: What Effective Campus Sexual Assault Response Looks Like members only.
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