Yiota Souras, Senior Vice President and General Counsel for the National Center for Missing & Exploited Children (NCMEC), joins to discuss the ever-evolving fight against child sexual abuse material (CSAM) and image-based sexual exploitation. We also discuss how investigators and prosecutors work to identify, prevent, and respond to the exploitation of child and adult victims. From the devastating impact of image-based abuse on victims to the complexities of modern investigations—including challenges related to AI-generated CSAM and encryption—this episode offers a critical look at how our legal and technological systems are adapting to meet this moment. Still celebrating the recently passed Take It Down Act, we explore the role of earlier landmark legislation like the PROTECT Act, and relevant cases like Miller v. California, New York v. Ferber, Ashcroft v. Free Speech Coalition, and a pending federal case reveal about the legal boundaries and ethical dilemmas surrounding this issue.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. For More Info: The legal landscape addressing child sexual abuse material and image based sexual abuse involving adult victims is ever changing. Please visit the National Center for Missing and Exploited Children for resources, testimonies, and fact sheets related to the investigation and prosecution of child sexual exploitation. Please visit AEquitasResource.org for articles and webinars offering strategies on prosecuting Image Based Sexual Exploitation. You can also request a statutory compilation and analysis of the laws addressing image based sexual abuse at info@AequitasResource.org. We will also be launching the National CyberCrime Resource Center later in 2025.Finally, on May 19, 2025 the bipartisan Take it Down Act was signed into law. You can find a description of the Take it Down Act and its impact here. We invite you to join us in Season 3 of Just Champions where we will discuss Take it Down in depth.
Michelle Kaminsky, Chief of the Gender-Based Violence Division at the Kings County District Attorney’s Office, talks about the evolution of domestic violence prosecution over her 30-year career. From trial strategy to a discussion about how to meet the justice and safety victims seek outside the courtroom, Michelle shares how she prepares prosecutors in her unit to handle these complex cases compassionately and effectively. We also explore the legal implications of Crawford v. Washington and its progeny—and how these cases impacted the way prosecutors prepare domestic violence cases where the victims are unable or unwilling to participate in the prosecution. Michelle discusses the practical and constitutional considerations at play, how courts analyze “ongoing emergency” in the the context of the admissibility of out of court “testimonial” statements, and how a multidisciplinary approach is necessary to protect and empower victims both in and out of court.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor more information on today's topics, you can find strategies for prosecuting a domestic violence case without victim testimony, i.e., evidence based prosecution, at AEquitas' Resource Page from earlier articles on the implications of the holdings here that include: Crawford v. Washington, Davis v. Washington, Hammon v. Indiana Michigan v. Bryant And more targeted analysis of Michigan v. Bryant and Ohio v. Clark
How have advances in DNA testing impacted the prosecution of sexual violence? What happens when testimony about powerful evidence unlocked by DNA testing is challenged as inadmissible under the US Constitution because the testing analyst isn’t available to testify at trial? In this episode, former sex crimes prosecutor and former Cook County State’s Attorney Anita Alvarez joins us to discuss the evolving role of DNA evidence in sex crimes prosecution and the legal challenges to its admissibility in prosecutions. We talk about how these cases are built, the common misconceptions around forensic evidence, and why DNA alone isn’t always enough. Anita shares her experience leading a major prosecutor’s office through some of the most important courtroom battles over the admissibility of DNA, including Williams v. Illinois. We also look at the Supreme Court’s recent decision in Smith v. Arizona—and offer strategies for prosecutors trying to get justice while protecting a defendant’s constitutional rights.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor more information:AEquitas has developed numerous trainings and articles related to the collection, analysis, and admissibility of DNA and forensic evidence and is a proud prosecution partner of the Sexual Assault Kit Initiative and many resources we have developed on this topic can be found in the Prosecution Toolkit . Please also visit AEquitasResoure.org, where we have posted additional resources on Advancing Justice Through Forensic Gentic Geneology as well as article analyzing the impact of Williams v. Illinois which was ultimately abrogated by Smith v. Arizona as discussed in our article available here.
Stalking is a serious crime that has life-altering consequences for victims. In this episode we explore how technology has transformed both the nature of stalking and the legal strategies used to confront it. We sit down with Deputy District Attorney Stephanie Fitts, Chair of the Colorado Domestic Violence Offender Management Board, who examines the growing threat of tech-facilitated stalking and how the justice system is adapting. We unpack evidentiary challenges prosecutors face in proving fear, recklessness, and intent and the legal challenges to stalking cases involving speech in the wake of 2 key Supreme Court decisions, Elonis v. United States and Counterman v. Colorado. From GPS tracking to anonymous messaging, this conversation sheds light on how modern stalking tactics affect victims—and how the prosecution strategies are evolving to ensure accountability.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor More information: You can find more information on the holding in Elonis v. United States here and the holding in Counterman v. Colorado here.For more information on the prosecution of stalking crimes please visit AEquitas' Resource Page as well as The Stalking Protection, Awareness, and Resource Center (SPARC), a project of AEquitas.
Senior Deputy Prosecuting Attorney David Martin joins us to discuss the many ways abusers silence their victims through intimidation tactics that are so subtle they are often overlooked by law enforcement and prosecutors. He takes us through his and Professor Amy Bonomi’s groundbreaking efforts to analyze recorded jail calls to better understand how these tactics play out in domestic violence cases and to train domestic violence advocates, law enforcement, and prosecutors to better identify it in their cases. Jennifer and David discuss investigative and legal techniques that can be used to uncover and respond to witness intimidation. They also discuss how prosecutors can counter defendants’ intimidation tactics designed to prevent victims and witnesses from participating and testifying in a criminal case through the use of forfeiture by wrongdoing, a doctrine analyzed in the U.S. Supreme Court Case, Giles v. California, involving a domestic violence homicide. Drawing from his extensive experience,, David offers insight, strategy, and real-world experience in holding abusers accountable and protecting victim safety.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor More Information:AEquitas has worked to uncovering and countering witness intimidation for over a decade. Expert resources are available on our website at AEquitas' Past Initiative Combating Witness Intimidation to Improve Victim and Witness Cooperative, Law Enforcement Investigation & Prosecution and lease reach out to AEquitas for the latest statutory compilation on Forfeiture by Wrongdoing across the U.S. If you’d like to read David’s and Amy's article, click here. For their book, click here.
Ron Eisenberg joins us to talk about the essential role of prosecutors as guardians, ensuring due process for defendants while balancing the fairness and rights owed to crime victims. We discuss the reasoning in Miranda v. Arizona and District Attorney v. Osborne, two U.S. Supreme Court cases that analyzed the Constitutional rights of defendants against self-incrimination and post-conviction access to evidence. Both cases involved violent perpetrators. Miranda centered around a serial rapist who was brought to justice through the bravery of his victim, Trish Weir. The Osborne case involved the brutal gang rape of a victim in the sex trade, who was strangled, shot, and left for dead in Alaska. After miraculously surviving her assault, she brought her assailants to justice as well. Through his thoughtful analysis of these decisions and the Constitutional issues underpinning them, Ron provides us with the legal strategies that uphold balance between fairness owed to the defendant and victim.This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: https://aequitasresource.org/ or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor more information:Trish Weir’s experience as a rape victim and state’s witness was brought to life in the 2023 film Miranda's Victim. You can read the decision in Miranda v. Arizona here and District Attorney v. Osborne here. For additional analysis on these holdings, check out Supreme Court Clarifies Miranda, Miranda Under the Microscope Again, and Understanding the U.S. Supreme Court’s Decision on Post-Trial DNA Testing in Osborne.
Veteran homicide prosecutor Ed McCann joins to talk about prosecuting domestic violence homicides, especially those involving firearms. With decades of experience trying homicide cases, Ed shares his perspective on common legal challenges that arise in these cases—and how prosecutors can be the difference between life and death. We also unpack the decision in United States v. Rahimi, a Supreme Court case in which the defendant, who was subject to a protection from abuse order, challenged the government's ability to keep guns out of the hands of abusers. Reaching back into the history of firearm regulations, some of which dated back prior to the founding of the United States, the Court affirmed the constitutionality of the federal law at issue. This podcast discusses the violent crimes of sexual violence, domestic violence, stalking, and human trafficking. If you need support, please call: The National Domestic Violence Hotline, RAINN, and Polaris. If you'd like more info about AEquitas visit: AEquitasResource.org or email us at: info@aequitasresource.org. Follow AEquitas on Instagram @aequitas_resourceFor more on United States v. Rahimi and Domestic Violence & Firearms, please see: Domestic Violence and Firearms: A Deadly Combination, Federal Firearms Prohibition Extends to Persons Convicted of Reckless Misdemeanor Crimes of Domestic Violence: Voisine v. United StatesKeep Calm and Understading Rahimi Understanding the Supreme Court’s Decision in United States v. Rahimi U.S. Supreme Court case decision in United States v. Rahimi
In this episode, Academy Award Nominee, Abigail Breslin, discusses her experience portraying Patricia “Trish” Weir, the victim, of serial rapist, Ernesto Miranda, whose story was recently told in the 2023 film Miranda’s Victim. In this film, Abbie portrays the victim’s experience of a sexual assault and the ensuring medical exam, law enforcement interview, trial, appeal, and retrial in one of the most notable cases in American jurisprudence, Miranda v. Arizona. As a result of this episode, listeners will be better prepared to:-Improve victim’s experience and perception of justice.-Recognize the impact of the collateral issues victims face on their ability and willingness to participate in the criminal justice process.-Enhance public trust in prosecutorial decision making.Abigail Breslin is an Academy Award Nominee, who has starred in over 20 films you know including Miranda’s Victim (2023) as the incredibly heroic - Trish Weir. Abbie began acting in commercials when she was three years old and made her film debut in M. Night Shyamalan's science fiction horror film Signs (2002), for which she was nominated for a Young Artist Award. She rose to prominence with the comedy-drama film Little Miss Sunshine (2006), for which she received a nomination for the Academy Award for Best Supporting Actress at age 10. Abbie is a fierce advocate for victims of domestic violence and sexual assault – who committed to creating paths forward for victims to become survivors.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.
In this episode, Professor Deb Tuerkheimer, who is a law professor at Northwestern University’s Pritzker School of Law, describes the way in which her career as a prosecutor specialized in sexual assault and domestic violence crimes has informed her teaching and writing about the criminal law. As a result of this episode, listeners will be better prepared to:-Recognize that unique impact the rules of evidence covering “other acts,” rape shield, and expert testimony have on sexual violence, domestic violence, stalking and human trafficking cases. -Develop strategies to counter unjust attacks on credibility.-Find the victim’s voice and experience in published case decisions.Deborah Tuerkheimer joined the Northwestern Law faculty in 2014 after serving as a professor at DePaul University College of Law since 2009 and the University of Maine School of Law since 2002. Professor Tuerkheimer received her undergraduate degree from Harvard College and her JD from Yale. She teaches and writes in the areas of criminal law, evidence, and feminist legal theory. Her book, “CREDIBLE: Why We Doubt Accusers and Protect Abusers,” was published in October 2021. She is also a co-author of the casebook “Feminist Jurisprudence: Cases and Materials,” and the author of numerous articles on sexual violence and domestic violence. After clerking for Alaska Supreme Court Justice Jay Rabinowitz, she served for five years as an Assistant District Attorney in the New York County District Attorney's Office, where she specialized in domestic violence prosecution.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.
In Episode 5, Nancy O’Malley describes her experience as the District Attorney of Alameda County, California and her work following her retirement to work on policy issues to improve the response to sexual violence, intimate partner violence, stalking, and human trafficking. She discusses how her prosecution-focused career provided her the opportunity to develop and implement — at the case, office, and national levels- policies and practices that works to counter bias and support victim-centered, trauma-informed practices that ensure justice for all. As a result of this episode, listeners will be better prepared to:-Enhance justice and safety for victims and communities.-Improve victim’s experience and perception of justice.-Enhance public trust in prosecutorial decision making.Former District Attorney of Alameda County (California), Nancy E. O’Malley, served from September 2009 through her retirement in January 2023. Nancy is a nationally recognized expert in issues involving violence against women, violence against persons with disabilities, and interpersonal violence including sexual assault, domestic violence, elder abuse, child abuse, stalking, and human exploitation and trafficking. Nancy was the first woman to serve as Alameda County’s elected District Attorney, and as a leader known throughout California and the country for her innovation and vision. Nancy is a strong advocate for victims’ rights, creating many innovative programs during her time in office, including the HEAT (Human Exploitation and Trafficking) Unit, which she founded in 2006. She also led the statewide charge in response to human trafficking. This involved vigorously prosecuting traffickers (particularly those selling children for sex), targeting the purchasers, as well as changing perceptions about those trafficked – treating them not as criminals, but as victims. In 2010, Nancy launched the HEAT Watch Program, which is a replicable, multidisciplinary 5-prong blueprint to guide and unite prosecutors, police, service providers, and communities in the fight against human trafficking. The HEAT Watch program, which became a widely used national model, was the first of its kind in California and the first to operate within a public prosecution office in the United States.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.
In Episode 4, Dalia Racine describes her journey as a prosecutor handling special victims’ cases, an Attorney Advisor at AEquitas, providing training and expert assistance on sexual and gender-based violence, stalking, and violence against sexually exploited women, including forced criminality, as the District Attorney of Douglas County. She discusses how her prosecution-focused career provided her the opportunity to develop and implement — at the case, office, and national levels- policies and practices that works to counter bias and support victim-centered, trauma-informed practices that ensure justice for all. As a result of this episode, listeners will be better prepared to:-Enhance justice and safety for victims and communities.-Improve victim’s experience and perception of justice.-Enhance public trust in prosecutorial decision making.Dalia Racine is the Douglas County District Attorney. Dalia was elected in 2020, and she is the first woman and first person of color to serve in this role in her community. She has lived in Douglas County for over 16 years with her husband, a Douglas County educator, and their 3 children. Dalia brings almost 20 years of prosecutorial experience to serve her community. She has specialized in homicides, crimes against women and children, and human trafficking. Dalia also served as an Attorney Advisor with AEquitas, where she provided training and technical assistance around gender-based violence investigations and prosecutions to prosecutors, law enforcement, and allied professionals across the country and internationally. Dalia has championed the responsibility of elected prosecutors to keep their communities safe by implementing innovative practices and policies that reduce the number of repeat offenders who cause harm and diverting them out of the criminal justice system by connecting to resources that bring individual and community healing. Dalia has integrated Smart Justice while holding dangerous offenders accountable in our prison system. Additionally, Dalia has made it a priority for the District Attorney's office to be an integral part of our community and to keep servant leadership at the forefront of everything they do.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.
In Episode 3, Ron Eisenberg describes the impact of appellate prosecutors on educating the courts on the dynamics of sexual assault, intimate partner violence, stalking, and human trafficking through appellate litigation on various legal issues. As a result of this episode, listeners will be better prepared to:-Use appellate litigation to strengthen victim-centered and offender focused prosecution practices.-Protect and defend case outcomes through appellate litigation that counters myths and the routine minimization of sexual violence, domestic violence, stalking, and sex trafficking.-Understand the role of other acts evidence in exposing perpetrators’ purposeful actions in identifying victims, committing crimes, and escaping accountability. Ron Eisenberg is Chief of Appeals at the Pennsylvania Attorney General’s Office. Previously he served as the head of the Law Division in the Philadelphia’s District Attorney’s Office. Ron has appeared at all levels of the state and federal court system. Ron is a member of the Advisory Committee for the Pennsylvania Suggested Standard Criminal Jury Instructions and has been a member of the Pennsylvania Supreme Court criminal rules committee, appellate rules committee, and grand jury task force. He was an adjunct professor at Temple University School of Law, teaching legal writing and research, and is a past president and current board member of the Association of Government Attorneys in Capital Litigation. Ron received his bachelor's degree from Haverford College in 1978 and his law degree from the University of Pennsylvania Law School in 1981.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.
In Episode 2, Jennifer Sommers describes the impact of her background in biology, chemistry, and toxicology on her ability to evaluate and litigate sexual and domestic violence cases, especially alcohol-facilitated sexual assaults. As a result of this episode, listeners will be better prepared to:-Strengthen victim-centered and offender-focused prosecution practices.-Counter unjust credibility attacks against victims.-Enhance ability to explain how intoxication impacts capacity to consent at trial. Jennifer Sommers is the Deputy Director of the Center for Management and Technical Assistance. She has worked in the criminal justice system for more than 26 years, before joining PERF in early 2023, including eleven years as a county prosecutor, nine years as a state prosecutor, and seven years as counsel to the largest multi-bureau sheriff’s office in New York.At the Monroe County Sheriff’s Office, in addition to duties such as training and policy review, Jennifer worked closely with the Internal Affairs Bureau and conducted all disciplinary hearings and penalty arbitrations; a significant number of internal affairs complaints she reviewed and processed involved allegations of excessive use of force. Jennifer maintained a perfect record on binding arbitration of all discipline delivered during her tenure. From 2015 until leaving to join the Police Executive Research Forum (PERF), Jennifer worked in the Office of Special Investigation at the New York State Office of the Attorney General, ultimately holding the position of Upstate Supervising Chief, where she supervised all upstate attorneys and legal support analysts. While in that unit, she analyzed civilian deaths caused by police and peace officers to determine whether officers should be charged with crimes; in every case where an officer caused or contributed to a death and was not charged with a crime, the unit issued a transparent report, telling what took place, linking relevant video and audio, explaining the law, and, where appropriate, making recommendations. Jennifer also worked for several years as a county prosecutor and rose to the level of Special Assistant District Attorney at the Monroe County District Attorney’s Office. During her time as a prosecutor, she tried nearly every category of violent crime, including physical and sexual assault, robbery, arson, and murder. Jennifer graduated from the SUNY Buffalo School of Law in 1996; prior to law school, she obtained a bachelor’s degree in biology with a minor in chemistry from LeMoyne College, and a master’s degree in toxicology from the University of Rochester. Because her scientific background is unique within the legal profession, she regularly teaches at the national level on issues related to toxicology, most often, how to effectively investigate and prosecute drug and alcohol-facilitated sexual assault. Jennifer graduated from the SUNY Buffalo School of Law in 1996; prior to law school, she obtained a bachelor’s degree in biology with a minor in chemistry from LeMoyne College, and a master’s degree in toxicology from the University of Rochester. Because her scientific background is unique within the legal profession, she regularly teaches at the national level on issues related to toxicology, most often, how to effectively investigate and prosecute drug and alcohol-facilitated sexual assault.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long.
In Episode 1, Kristen Gibbons Feden describes her role as a prosecutor handling domestic and sexual violence cases and describes the role of prosecutor in amplifying victim’s voices and countering rape myths and unjust attacks focusing on victim credibility.As a result of this episode, listeners will be better prepared to:-Strengthen victim-centered and offender focused prosecution practices.-Counter unjust credibility attacks against victims.-Enhance ability to implementing experts to explain victim behavior.Kristen Gibbons Feden joined Anapol Weiss as a shareholder in March 2024 and leads the practice areas for sexual abuse, human trafficking, child abuse and exploitation, and civil rights litigation. Previously, she was a partner at Saltz, Mogeluzzi, and Bendesky P.C. Recognized on a national level as a formidable advocate in legal matters, Kristen has stood by numerous survivors of crimes, particularly sexual abuse, championing their quest for civil justice. She has garnered numerous accolades for her unwavering commitment to aiding the most vulnerable survivors, many of whom turned to her during their most challenging moments. Kristen initiated her involvement with survivors while serving as a prosecutor in Montgomery County, where she held the prestigious positions of Captain in the Domestic Violence and Elder Abuse Units, as well as a member of the Sex Crimes Unit. During her tenure, she successfully prosecuted numerous cases, including cases involving sexual and physical abuse, child pornography, domestic violence, and homicide.This project was supported by Grant No. 15JOVW-24-GK-03009-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.Season 1 sound editing and graphic design by Jacob D. Long. Music by MaxKoMusic.