National Judicial Education Program

A project of
Intimate Partner Sexual Abuse:
Adjudicating this Hidden Dimension
of Domestic Violence Cases
The National Judicial Education Program Announces a New, Free Web Course
and Resource for Judges and Other Justice System Professionals:
www.njep-ipsacourse.org
This course is superb. Every judge, prosecutor, public defender, probation and parole ofcer, and police ofcer should take it. I highly
recommend this course for all involved in the criminal justice system. Well done and thank you. I will be a better judge as a result.
Sexual abuse is far more prevalent in cases involving
other forms of intimate partner violence than is generally
recognized. Recent research with battered women
reveals that intimate partner sexual abuse is a hidden
but frequent aspect of family violence with signicant
implications for the courts, particularly with respect to
risk assessment.
The term intimate partner sexual abuse encompasses
a continuum of behaviors from verbal degradation
relating to sexuality to felony-level sexual abuse and
torture. Cases involving this type of abuse present
complex challenges for the judiciary, beyond the over
arching goal of protecting victims and their children
while insuring due process for the accused. Intimate
partner sexual abuse is an important factor in risk
assessment; in decision-making in civil, criminal, family,
juvenile and probate cases; and in custody and
visitation determinations. Thus, it is important for the
justice system to have strategies that encourage victims
to disclose such abuse and resources for effective
offender dispositions and management.
Intimate Partner Sexual Abuse: Adjudicating this
Hidden Dimension of Domestic Violence Cases
provides current interdisciplinary research from law,
medicine and the social sciences. Registrants for this
course will learn about the implications for the courts
of the severe impact of intimate partner sexual abuse,
how the law itself often undermines victim safety, how
to create a court environment in which victims feel safe
disclosing, cultural issues that affect disclosure, which
risk assessment instruments include intimate partner
sexual abuse as a factor, how to assess the capability of
batterer intervention and sex offender treatment
programs to address intimate partner sexual abuse
and more.
This web course was developed and written by the
National Judicial Education Program, a project of Legal
Momentum in cooperation with the National Association
of Women Judges. Instructional design and technology
were provided by the Rozier E. Sanchez Judicial Education
Center of the New Mexico Institute of Public Law at the
University of New Mexico Law School. Funding was pro-
vided by the State Justice Institute and the Department
of Justice Ofce on Violence Against Women.
The course was written with a focus on judges but the
research and materials cited are useful for all justice
system professionals. This Web site can also be used as
a resource to be consulted as needed. The course
consists of thirteen modules, self-tests and answers,
reection questions, civil and criminal case studies,
questions and commentary.
Course Modules and Case Studies
MODULE I: Dening Intimate Partner Sexual Abuse and
Assessing Its Prevalence
MODULE II: Victims and Offenders
MODULE III: Risk Assessment
MODULE IV: Statutory Constraints
MODULE V: Why Victims Dont Report
MODULE VI: Institutional Responses
MODULE VII: Custody and Visitation When Intimate
Partner Sexual Abuse is a Factor
MODULE VIII: Jury Selection
MODULE IX: Evidentiary Issues
MODULE X: Marital Privilege and Condentiality
of Victim Records
MODULE XI: Cultural Defenses and Cultural Evidence
MODULE XII: Orders of Protection, Pre-Trial Release
and Dispositions
MODULE XIII: Recommendations for Improving
Court Response to Intimate Partner Sexual Abuse
DEVELOPING ISSUES
CASE STUDIES: Eight civil and criminal case studies that
provide opportunities to apply the information explored
in the modules.
To register for this FREE Web course visit:
www.njep-ipsacourse.org
National
Judicial
Education
Program
A project of
Legal Momentum
395 Hudson Street
5th Floor
New York, NY
10014
T: 212.925.6635
F: 212.226.1066
E: njep@legalmomentum.org
www.legalmomentum.org

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0RGXOH,: De]nng Intmnte Fnrtner 5exunI Abuse nnd Assessng Its FrevnIence

ExpIores aII aspects oI IntImate partner sexuaI abuse Irom Iorced sex acts to economIc
mechanIsms oI coercIon. Presents the research on the surprIsIng prevaIence oI sexuaI abuse In
the context oI domestIc vIoIence

0RGXOH,,: Vctms nnd O]]enders

DescrIbes who the vIctIms and oIIenders are, the proIound Impact oI IntImate partner
sexuaI abuse on vIctIms and the mIsconceptIon that there Is an oIIender proIIIe. AIso expIores
the typoIogIes oI marItaI rape and oIIenders' ratIonaIes Ior theIr abuse.

0RGXOH,,,: Rsk Assessment

Research documents Iorced sex as a IeadIng IndIcator oI potentIaI IethaIIty. DomestIc
vIoIence vIctIms are most at rIsk oI escaIatIng physIcaI vIoIence, sexuaI assauIt and murder
when they try to Ieave. ThIs moduIe dIscusses rIsk assessment Instruments that address
IntImate partner sexuaI abuse as weII as the Iactors InIIuencIng separatIon sexuaI assauIt, the
rIsk to the vIctIm and the sIx types oI potentIaI IethaIIty.

0RGXOH,9: 5tntutory Constrnnts

The orIgIns oI and ratIonaIes behInd the marItaI rape exemptIon and the current statutory
exemptIons and restrIctIons that make It dIIIIcuIt to brIng marItaI rape cases.

0RGXOH9: Why Vctms Don`t Reort

ThIs moduIe addresses the numerous reasons vIctIms do not report IntImate partner
sexuaI abuse IncIudIng Iear oI the abuser, Ignorance oI the Iaw and ImmIgratIon concerns.

0RGXOH9,: InsttutonnI Resonses

From the cIergy to the courts, thIs moduIe dIscusses the varIous ways socIaI InstItutIons
heIp or hInder vIctIms Irom IeavIng reIatIonshIps where IntImate partner sexuaI abuse Is a Iactor
and suggests ways these InstItutIons can Improve theIr response.

0RGXOH9,,: Custody nnd Vstnton

The Issues judges shouId consIder when determInIng custody and vIsItatIon awards to
IntImate partner sexuaI abuse oIIenders IncIudIng heIghtened rIsk to the chIIdren oI sexuaI
abuse andJor physIcaI vIoIence and the psychoIogIcaI Impact on chIIdren oI wItnessIng IntImate
partner sexuaI abuse.

0RGXOH9,,,: ]ury 5eIecton

Ways to IdentIIy bIased jurors through vor dre and the dIIIIcuItIes oI seatIng a jury In
IntImate partner sexuaI abuse cases because oI the prevaIence oI sexuaI assauIt In socIety at
Iarge and the wIdespread myths and mIsconceptIons about rape, partIcuIarIy between IntImate
partners.

0RGXOH,;: vdentnry Issues

From rape shIeId Iaws to prIor bad acts to the crIterIa and need Ior expert wItnesses, thIs
moduIe dIscusses the evIdentIary Issues present In IntImate partner sexuaI abuse cases.

0RGXOH;: MnrtnI FrvIege nnd Con]dentnIty o] Vctm Records

DetermInIng the approprIateness oI aIIowIng spousaI ImmunIty In IntImate partner sexuaI
abuse cases and the Importance oI keepIng vIctIm counseIIng and medIcaI records conIIdentIaI.

0RGXOH;,: CuIturnI De]enses nnd CuIturnI vdence

The baIance between aIIowIng evIdence about a vIctIm`s or oIIender`s cuIturaI
background as a deIense or mItIgatIng Iactor In IntImate partner sexuaI abuse cases and the
Impact on ensurIng justIce and saIety Ior the vIctIm and the communIty.

0RGXOH;,,: Orders o] Frotecton, Fre-trnI ReIense nnd Dsostons

ExpIores the range oI actIons courts can take to ensure vIctIm saIety and oIIender rIghts
In IntImate partner sexuaI abuses cases, IncIudIng whether and how varIous batterer
InterventIon and sex oIIender treatment programs address the IntersectIon oI sexuaI abuse and
physIcaI vIoIence and judges` roIe In InsurIng that the programs to whIch oIIenders are sent
address thIs Issue eIIectIveIy.

0RGXOH;,,,: Recommendntons ]or Imrovng Court Resonse to Intmnte Fnrtner 5exunI Abuse

Numerous recommendatIons to Improve access to justIce and treatment Ior vIctIms and
oIIenders In IntImate partner sexuaI abuse cases, as weII as suggestIons Ior judges` InvoIvement
In coordInated communIty response wIthIn the code oI judIcIaI conduct.

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ThIs sectIon IncIudes materIaI on evIdencebased, postCrnw]ord prosecutIon and
adjudIcatIon oI IntImate partner sexuaI abuse cases. New content about emergIng Issues In the
Iaw wIII be added to thIs sectIon as they arIse.

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Four cIvII and Iour crImInaI case studIes IIIustrate the Issues that arIse In IntImate partner
sexuaI abuse cases and provIde an opportunIty to appIy the InIormatIon expIored In the tweIve
moduIes.