Strengthening Domestic and Sexual Violence Prosecution:
Evidence-Based and Ethical Practices Webinar Training Series
5/11/26 – Going Forward without the Victim: Evidence-Based Prosecution of Domestic Violence
5/19/26 – A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability
6/16/26 – Not Just a Credibility Contest: Sexual Violence Prosecutions that Go Beyond “Offender Said, Victim Said”
6/23/26 – Ethical Considerations for Prosecutors in Intimate Partner Violence Cases
All webinar sessions will be from 2:00 p.m. – 3:30 p.m.
The Virginia Department of Criminal Justice Services (DCJS) is pleased to announce that registration is now open for the “Strengthening Domestic and Sexual Violence Prosecution: Evidence-Based and Ethical Practices” virtual training series.
Please note: This training opportunity will support VSTOP grantees in progress towards meeting the STOP Prosecution Certification, which is a special condition for all prosecution category VSTOP grantees.
Participant Cost and Registration: This training is free for victim-serving professionals. Advanced registration is required. Please click here to register.
Session Descriptions:
#1 - Going Forward without the Victim: Evidence-Based Prosecution of Domestic Violence
A recurring issue in prosecuting domestic violence cases is whether and how the victim will testify at trial. Many domestic violence victims are subject to intense pressures—including intimidation and manipulation—that discourage them from participating in a criminal prosecution. And even when victims testify, some may 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 victim testimony.
This presentation will examine evidence-based prosecution techniques that will enable prosecutors to try domestic violence cases where the victim is an absent or reluctant witness. The presenter will discuss tools and strategies for successfully prosecuting these difficult cases and the practical steps necessary to achieve success. The presentation will focus on effective investigative techniques for documenting and securing evidence that will prove the elements of the offense, as well as trial strategies, including the use of expert testimony to explain victim behavior, that will enable the jury to return a guilty verdict regardless of whether or how the victim testifies.
At the conclusion of this presentation, participants will be better able to:
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Encourage victim participation by meeting the specific needs of each victim.
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Build a case that does not rely entirely on the victim’s testimony at trial.
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Prevent and respond to victim intimidation and manipulation.
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Identify and offer additional sources of corroborating evidence.
#2 - A Broader Sense of Justice: Respecting Victim Autonomy While Pursuing Offender Accountability
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 a 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.
At the conclusion of the presentation, participants will be better able to:
- Identify barriers faced by victims participating in investigations and prosecutions of sexual and domestic violence.
- Develop strategies to support victim participation.
- Balance public safety concerns in holding offenders accountable with victim interests in autonomy and self-determination.
- Employ the least restrictive methods possible to enable victims to testify when next-level measures must be utilized.
#3 - Not Just a Credibility Contest: Sexual Violence Prosecutions That Go Beyond “Offender Said, Victim Said”
Sexual violence cases are often mistakenly reduced to a contest of credibility between the victim’s disclosure and the offender’s denial. Even though jurisdictions do not require corroboration of the victim's testimony at trial, jurors may find it difficult to convict a defendant absent additional evidence. While crimes of sexual violence typically do not occur in front of other individuals, there are always witnesses and evidence to corroborate what happened before, during, and after the assault. By presenting the full scope of admissible evidence, prosecutors will increase the likelihood of success at trial while reducing the burden on victims.
This presentation will address strategies and tactics to understand and explain victim disclosures through a trauma-informed lens; utilize victim behavior experts to educate factfinders about the range of victim responses to sexual violence; and examine offender characteristics, motivations, and behaviors, as well as the impact of the offender’s actions on the victim. The presenter will suggest strategies for overcoming common misconceptions at trial, including establishing a compelling trial theme, introducing evidence of the defendant’s predatory behavior, presenting corroborating evidence to support witness credibility, and recreating the reality of the crime for the jury.
At the conclusion of this presentation, participants will be better able to:
- Identify and collect evidence of the offender’s predatory behavior.
- Support victim and witness credibility with corroborating evidence.
- Educate Juries and recreate the reality of the crime at trial.
- Strategize cross-examination to reveal the offender’s control
#4 - Ethical Considerations for Prosecutors in Intimate Partner Violence Cases
A prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer... It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one" (Berger v. United States, 295 U.S. 78, 88 (1935)). Achieving justice in domestic and sexual violence cases requires prosecutors to have a firm grasp of their legal obligations as well as their ethical responsibilities throughout each stage of the criminal justice process. These cases present unique ethical challenges related to victim privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence.
This presentation will address the ethical considerations outlined above in the context of charging decisions, immunity, compulsion of victim testimony, Crawford, and the investigative function of a prosecutor. The presenter will use hypothetical case scenarios to challenge prosecutors to evaluate their decision-making in the context of ethical rules and principles.
At the conclusion of this presentation, participants will be better able to:
- Identify and comply with ethical obligations.
- Navigate challenges related to prosecutorial discretion, recantation, and disclosure of evidence.
- Approach prosecution decisions from an ethical framework.
Presenter:
John F. Wilkinson - As an Attorney Advisor with AEquitas, John presents on trial strategy, legal analysis and policy, and ethical issues related to violence against women at the local, state, national and international level. He conducts research; develops training materials, resources, and publications; and provides case consultation and technical assistance for prosecutors and allied professionals. John has presented extensively on the investigation and prosecution of domestic violence, sexual violence, stalking and human trafficking both in the United States and abroad. John’s international work includes developing and implementing trainings for police, prosecutors, judges and allied professionals at national and international conferences. Additionally, John led AEquitas’ Innovative Prosecution Solutions Project, working with prosecutor’s offices around the country on innovative and evaluated approaches to combating violent crime.
Prior to working with AEquitas, John was the Program Manager for the Gun Violence Prosecution Program, Homeland Security Program and Southwest Border Crime Program of the National District Attorneys Association (NDAA) where he traveled extensively throughout the United States presenting on gun and gang violence and homeland security issues. He also regularly collaborated with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of Homeland Security (DHS), and International Association of Chiefs of Police (IACP) to bring data-driven best practices to criminal justice professionals. Under his direction, the Homeland Security Program created a unique counter-terrorism training program for prosecutors and probation/parole officers. Additionally, his Southwest Border Crime Program created a curriculum for prosecutors and allied professionals covering all aspects of the Drug Cartel Business Model and focusing on human trafficking, human smuggling, drug and gun trafficking, home invasions and kidnappings, and undocumented alien victim/witness issues.
From 1998 through 2005, John served as an Assistant Commonwealth’s Attorney in Fredericksburg, VA, prosecuting cases involving intimate partner violence and sexual assault, including cases of campus sexual assaults and domestic violence homicide. He also served on the Fredericksburg Area Sexual Assault Response Team and prosecuted child sexual and physical abuse and neglect cases and infant homicides. He assisted in the development of the Mary Washington Hospital Sexual Assault Nurse Examiner (SANE) Program. Additionally, John completed Virginia’s Top Gun Investigation and Prosecution of Drug Cases course and prosecuted numerous drug and firearms related offenses. He was a regular lecturer at the Rappahannock Regional Criminal Justice Academy and spoke at the Virginia Association of Commonwealth’s Attorneys. From 1994 to 1998, John served as an Assistant Public Defender in Fredericksburg, representing indigent clients in matters ranging from first-degree murder to summary offenses. In 1997, he was presented the Phillip M. Sadler Award for excellence in public defense. From 1991 to 1994, John worked at the Offices of William E. Gardner in Fairfax, VA, primarily engaged in criminal defense and civil litigation.
DCJS Contact Information:
Tricia Everetts
Tricia.Everetts@dcjs.virginia.gov