Epstein Secrets

GING RIGHTS ATTACH UNDER THE CVRA ............... 90 A. A Test for Determining When Rights Attach.......0...000ccceeee 9] B. Applying the Test to the Epstein Case ..........ccccccceccccceceeeneees 93 C. Current Department Policy on Pre-charging Rights.................... 94 D. State Law Extension of Pre-ch

ll phases of the criminal justice process.° Congress drafted the CVRA, for example, broadly to make crime victims participants in criminal cases. The Jeffrey Epstein sex abuse case demonstrates the importance of victim participation even before charges are filed. A. A BRIEF HISTORY OF CRIME VICTIMS’ RIGHTS The c

e all federal prosecutors are located) but other agencies as well, such 155 150 Cona. REc. 7303 (2004) (statement of Sen. Jon Kyl). 156 Iq 157 See SUSAN EstRICH, REAL Rape 50-51 (1987) (describing how a rape victim’s sexual history may be used against her in court proceedings), Beloof, supra note 38, at 309-1

for crime victims has arisen - specifically, the Jeffrey Epstein sex abuse case before a federal court in Florida. In that case, girls victimized by Epstein have argued that they should have been consulted about a federal nonprosecution agreement; Department attorneys have responded that because prosecuto

Congress sought to end that suffering by making victims meaningful participants in criminal cases. 3° C. AN ILLUSTRATION OF THE PRE-CHARGING ISSUE: THE JEFFREY EPSTEIN CASE Grven the potentially expansive scope of victims' rights under both state provisions and the CVRA, a critical question arises about how to appl

ims in negotiating active criminal proceedings." !©* OLC then asserted: 155 150 Cong. Rec. 7303 (2004) (statement of Sen. Jon Kyl). 156 Td. 157 See Susan Estrich, Real Rape 50-51 (1987) (describing how a rape victim's sexual history may be used against her in court proceedings); Beloof, supra note 38, at 309-1

Defining the Scope of 18 U.S.C. § 666, 46 Colum. JE. & Soc. Probs. 207, 237-45 (2012) (arguing for br

t sexual conduct because in rape prosecutions "the material issue is on the willingness or reluctance of the prosecutrix - an act of the mind"). 181 Susan Estrich, Real Rape 8 (1987). 182 See id. at 8-22 (describing traditional rape definitions, spousal exception, evidentiary rules, and police responses to rap