The U.S. Department of Justice reached a landmark agreement to improve the way reports of sexual assault are handled by the Missoula County Attorney’s Office, officials announced today.
In February, the Justice Department released its findings that there was substantial evidence that Missoula County, Montana Attorney’s Office’s handling and response to sexual assault cases discriminates against women. Investigators found that the county attorney did not provide its lawyers with basic knowledge and training about sexual assault that is necessary to effectively prosecute sexual assault cases.
The probe found the following:
- The County Attorney’s Office generally does not develop evidence in support of sexual assault prosecutions, either on its own or in cooperation with other law enforcement agencies
- Adult women victims, particularly victims of non-stranger sexual assault and rape, are often treated with disrespect, not informed of the status of their case and re-victimized by the process; and
- The County Attorney’s Office routinely fails to engage in the most basic communication about its cases of sexual assault with law enforcement and advocacy partners.
The Department of Justice issued its findings after it investigated the Missoula County Attorney’s Office along with the Missoula Police Department and the University of Montana’s Office of Public Safety.
The Department of Justice reached, what it described, as a landmark comprehensive agreement with the Missoula County Attorney’s Office, as well as Missoula County, Montana, and the Montana Attorney General’s Office, to resolve the department’s investigation of alleged gender bias in the prosecution of sexual assaults by the Missoula County Attorney’s Office.
Under this first-of-its-kind agreement, County Attorney’s Office and the county agree to take a number of significant steps to improve County Attorney’s Office’s response to allegations of sexual assault and eliminate discrimination and gender bias.
“This historic agreement will fundamentally transform the way in which the Missoula County Attorney’s Office responds to sexual assault allegations,” said Attorney General Eric Holder. “By taking key steps and implementing robust new safeguards to eliminate gender bias, improve communication and prosecution techniques, and increase support for victims, county law enforcement officials will strengthen their ability to combat sexual assault crimes, increase public safety, and protect those who are victimized. ”
Adding, “This action marks a critical step forward in the Justice Department’s comprehensive efforts to ensure the safety and civil rights of all people across the country. And it is my hope that these remedies can serve as a model for the resolution of other cases moving forward.”
Under the agreement, officials said the Missoula County Attorney’s Office will take the following steps:
- Develop and implement sexual assault policies and training for prosecutors, including supervisors
- Improve treatment of individuals who report sexual assault, including in-person interviews and improved communication
- Use prosecution techniques that have been shown to result in better sexual assault investigations, through improved communication with law enforcement and victims, use of investigators, closer supervision of the development of cases, hiring an in-house victim coordinator, and the use of expert witnesses
- Improve communication and coordination with other Missoula stakeholders regarding sexual assault response, including through public outreach and collaboration with the Missoula Police Department in conducting, and analyzing the results of, a victim witness survey.
- Improve the tracking and sharing of data regarding sexual assault prosecutions, so that Missoula County Attorney’s Office has a broader picture of what it is doing and can better identify any general concerns or necessary improvement.
Missoula Attorney General Tim Fox, who has oversight authority over all Montana County Attorneys, has agreed to monitor the implementation of these measures, review sexual assault cases Missoula County Attorney’s Office declines to prosecute, and retain a technical advisor, Anne Munch.
Munch is a former sex crimes prosecutor and one of the country’s foremost experts in the subject area, officials said.
As technical advisor, Munch will provide training to Missoula County Attorney’s Office, advise the Montana Attorney General regarding policies, and make recommendations and provide reports regarding implementation that will be made publicly available, alongside the quarterly reports the Attorney General’s office will also publicly disseminate.
“Over the past year, the City of Missoula, the University of Montana, and the Missoula Police Department already have made important strides toward improving their response to sexual assault and strengthening the community’s confidence in its local police,” said Michael Cotter, U.S. Attorney for Montana. “We are delighted that the Missoula County Attorney has agreed to partner with them and to work cooperatively with the Justice Department to improve the safety of women in Missoula.”