Q&A with FeganScott on New Guidance from the Department of Justice for Sexual Assault Cases and What it Means for Survivors
Earlier this year, the U.S. Department of Justice (DOJ) released a new framework for the prosecution of sexual assault cases. The guidelines have already had a palpable impact on how prosecutors approach these types of cases on behalf of survivors.
To provide a closer look at the framework, FeganScott attorneys prepared the following Q&A:
Why did the DOJ create this new framework?
The DOJ’s new guidance was created to provide prosecutors with five principles that will lead to better outcomes for victims and greater accountability for perpetrators.
How does the framework change the way prosecutors approach these types of cases?
The framework encourages prosecutors to take a trauma-informed approach to sexual abuse and assault cases that supports survivors and prioritizes their well-being. It also asks that prosecutors collaborate with a victim’s advocate to provide a secure environment for survivors to recount their experiences, and that they better educate themselves on common trauma responses so they can effectively build and argue cases.
To that end, the framework reinforces that a survivor’s account is evidence and should be considered the same way testimonial evidence from any other witness is considered. It also reminds prosecutors to pay close attention to the abuser’s actions to identify circumstantial evidence that corroborates the survivor’s account or shows a pattern of behavior that supports their case, and fight against common defense strategies that aim to re-traumatize, attack or discredit survivors without merit.
“The DOJ’s guidance is so important to legitimize the fact that victims of sexual assault will sometimes act in a counterintuitive manner. My hope is that the framework helps to dismantle the ‘rape myths’ and misogynistic stereotypes that defendants spout in court, and make it more likely that courts will allow expert testimony discrediting those myths and stereotypes on a societal level.” – Beth Fegan in an Law360 article about the framework
How will the new framework help sexual assault survivors take legal action against their abusers?
According to the DOJ, the framework is meant to serve as a blueprint for a stronger, consistent, and more effective response to sexual violence. Ideally, it will equip prosecutors with strategies that will not only improve the outcomes of these cases, but also the survivors’ experience with the legal process. In doing so, we can hope that more survivors will come forward, and more perpetrators will be held accountable for their actions.
To learn more about the framework, click here.
Why choose the law firm of FeganScott?
We put the survivor first. We have obtained justice for hundreds of people who were assaulted or abused, and have recovered millions of dollars for our clients. Beth Fegan is one of the nation’s leading attorneys representing victims of sexual assault.
To learn about your legal rights and options, contact our firm. When seeking legal advice, everything you share with us will remain confidential unless you authorize us to share it with law enforcement or in a lawsuit.
For an overview of steps you can take to report sexual abuse, click here.