Victims of gender-based violence often disclose intimate details of their private lives and their victimization to multiple professionals over the course of a case. Furthermore, a victim’s cell phone, computer, or social media accounts may contain relevant evidence, that raises additional privacy concerns.  Prosecutors have an obligation to provide the defense with all evidence in the government’s possession or control that is material to a defendant’s guilt or punishment.  How can we fulfill that obligation, while at the same time safeguarding victim privacy against unnecessary disclosure?  How do these privacy considerations and obligations affect the practice of victim attorneys?  These cases present unique ethical challenges related to privacy and confidentiality, prosecutorial discretion, recantation, and disclosure of evidence.  In this training, the presenters will use hypothetical case scenarios to:

·         Address ethical considerations in the context of discovery obligations, digital evidence, the investigative function of the prosecutor, and the role of the victim’s attorney;

·         Identify confidential, privileged, non-material, and/or irrelevant victim information and records;

·         Discuss strategies to prevent unnecessary disclosure of evidence;

·         Introduce pretrial and trial strategies that support the protection of victim privacy.

MCLE Accreditation:
This training has been approved for 0.75 general and 0.75 ethics MCLE credit with the Oregon State Bar and the State Bar of California. The training may be eligible for MCLE credit in other states; a certificate of attendance will be available after the program.

Presenter:
Rebecca Khalil, J.D.,
Staff Attorney
National Crime Victim Law Institute