ABSTRACT

This chapter discusses the techniques that prosecutors can employ both before and during the trial to ensure successful rape prosecutions. It addresses techniques for conducting offender-focused prosecutions and highlighting defendants’ predatory practices. The chapter proposes general trial strategies for presenting the case as persuasively as possible. Jurors’ negative perceptions of victim credibility can be a significant barrier to success in rape cases. Credibility of the victim and provability of the case are inherently intertwined, in large part because rape is a crime of secrecy. Testifying in court can be a traumatic event for rape victims, who are forced to mentally relive the details of their assaults in front of the defendant and a courtroom of strangers. In addition to the use of other bad acts, victim protection, and rape shield motions as discussed previously, prosecutors should consider filing a motion in limine to limit irrelevant defense evidence about “bad” victim behaviors.