Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

More documents

Recommendations

Info

If the survivor incurs any of the above expenses, she or he can apply to have them reimbursed through CVC. The limit on CVC for any individual is $50,000, but an additional $75,000 is available if the victim’s injury is “catastrophic and results in a total and permanent disability to the victim” (Tex. Code Crim. Proc. § 56.42(a)-(b)). The additional $75,000 can go toward lost wages, and various other expenses related to medical care and making the victim’s surroundings accessible, including new job training. Finally, a survivor has 3 years from the time of the offense to submit an application to the Office of the Attorney General. Note, however, that the 3-year deadline for CVC does not affect the statute of limitations for any offense. Your local police department’s Crime Victim Liaison or the prosecutor’s Victim Assistance Coordinator can provide specific information on how to apply for CVC reimbursement. Alternatively, survivors can contact the Crime Victims’ Compensation office directly at (800) 983-9933 (or (512) 936-1200 in Austin) or by email at crimevictims@oag.state.tx.us. Civil Lawsuit In some instances, a civil lawsuit against the perpetrator for money damages may be appropriate. Sometimes, even if the perpetrator is convicted of a criminal offense and ordered to pay restitution, that amount plus CVC still does not cover the survivor’s damages. If the perpetrator has been convicted, the conviction can be used to prove liability to the survivor, leaving only the amount of damages to prove in court. However, if the perpetrator does not have that much money, the lawsuit might not be worthwhile. An award of money damages is only as useful to the survivor as the perpetrator is able to pay it. Therefore, civil lawsuits are usually most appropriate against employers or other parties whose negligence contributed to a sexual assault or other subsequent injury to the survivor. Those entities typically have enough money to pay awards, so the lawsuit can actually be worthwhile to help the survivor defray her or his financial burden. An attorney specializing in tort lawsuits who is also familiar with sexual assault and victims’ rights can assist the survivor in the decision whether to file a civil lawsuit. In any case, however, the survivor should first seek reimbursement through CVC. Asset Building – Individual Development Accounts (IDAs) Individual development accounts are relatively new programs that assist people in building the assets they need for long-term financial stability. Often, they take the form of savings accounts that match the account holder’s deposits dollar-for-dollar. The account holder usually must state a purpose for the account, such as owning a home, going to school, or opening a business. IDAs are not readily available in very many Texas communities yet, but they are in some of the largest areas, including Dallas, Houston, El Paso, San Antonio, Austin, and Abilene. For a full listing of organizations offering asset building programs, see the Center for Enterprise Development’s website at: http://cfed.org/programs/idas/ida_directory/. 102
Ripple Effects of Sexual Assault: Housing Issues A sexual assault—especially one that occurs at home—can suddenly and permanently disrupt the survivor’s living situation. Moreover, housing issues for sexual assault survivors often implicate both safety and financial concerns simultaneously. Fortunately, Texas has some statutory provisions to assist survivors in finding safety and minimizing their out-of-pocket costs. Immediate Housing Remedies Crime Victims’ Compensation As noted in the previous chapter, the Crime Victims’ Compensation program offers a one-time $2,000 payment to survivors of sexual assault and family violence to assist with relocation costs. In addition, the program offers a one-time $1,800 payment to cover rent expenses. Remember, however, that unlike the lease termination statute discussed below, CVC requires the survivor to report the crime to police and cooperate in the investigation and prosecution. Refer to the CVC section in the previous chapter for a complete explanation of the program (p. 100, CVC). Lease Termination Under Subchapter A, Chapter 92 of the Texas Property Code, survivors of sexual assault (Tex. Penal Code § 22.011) or aggravated sexual assault (Tex. Penal Code § 22.021) can terminate their leases before the end of their lease terms without incurring a penalty for breaking the lease. The right is also available to parents or guardians of victims of continuous sexual abuse of a child (Tex. Penal Code § 21.02), sexual assault or aggravated sexual assault. There are 3 requirements a sexual assault survivor must satisfy in order to take advantage of the lease termination law: 1. The assault or abuse must have occurred on the leased premises or in any dwelling on the leased premises within the past 6 months. 2. The survivor must give the landlord written notice of her or his intent to terminate the lease under the Property Code listed above 30 days before vacating the premises. 3. The survivor must provide the landlord with documentation of the assault or abuse from one or more of the following: • A health care services provider who provided an examination, • A mental health services provider who provided an examination or evaluation, • A rape crisis center that provided services, OR • A final sexual assault protective order issued under Chapter 7A, Texas Code of Criminal Procedure (p. 98, SAPOs) If the survivor satisfies all the requirements listed above, she or he can terminate a lease contract without incurring any penalty for breaking the lease early. However, the law does not affect any other amounts the survivor might owe, such as back rent or damages to the property. The early termination penalty is the only part of the lease that this law affects. 103
Page 1:
Sexual Assault Legal Advocacy Manua
Page 5:
Table of Contents: 05 Manual Prefac
Page 8 and 9:
6 PART ONE: THE CRIMINAL JUSTICE PR
Page 10 and 11:
i. Basic Procedure: Jurisdiction an
Page 12 and 13:
ii. Substantive Law: The Texas Pena
Page 14 and 15:
Defenses Defenses to Prosecution So
Page 16 and 17:
iii. Sexual Assault and Related Off
Page 18 and 19:
Indecency with a child, Tex. Penal
Page 20 and 21:
Indecent exposure, Tex. Penal Code
Page 22 and 23:
Possession or promotion of child po
Page 24 and 25:
Prostitution, Tex. Penal Code § 43
Page 27 and 28:
Crime Victims’ Rights Introductio
Page 29 and 30:
Attorney Representation Enforcing c
Page 31:
• The right to a private waiting
Page 35 and 36:
The Criminal Investigation Introduc
Page 37 and 38:
In addition, survivors can complete
Page 39 and 40:
Legal Advocacy for Child Survivors
Page 41 and 42:
iv. Medical Forensic Examinations W
Page 43 and 44:
Not only are survivors entitled to
Page 45:
The Role of the Legal Advocate in t
Page 48 and 49:
i. The Charging Process and Prosecu
Page 50 and 51:
The victim (or the victim’s guard
Page 52 and 53:
ACP is available to victims of sexu
Page 54 and 55: v. The Right to HIV/STI Testing Sur
Page 56 and 57: If a survivor fails to include some
Page 58 and 59: ADVOCACY ACTION: The survivor has t
Page 60 and 61: ix. The Trial Preparation Thorough
Page 62 and 63: Preparing for Pretrial Litigation B
Page 64 and 65: x. Verdicts and Sentencing Criminal
Page 66 and 67: Under community supervision, the de
Page 68 and 69: xi. Appeals If the prosecutor succe
Page 71 and 72: Sex Offender Monitoring and Treatme
Page 73 and 74: What Does Registration Entail? Regi
Page 75 and 76: Restrictions on Internet Usage for
Page 77 and 78: In addition, regardless of level of
Page 79 and 80: ii. Civil Commitment The idea behin
Page 81 and 82: What Does Civil Commitment Entail?
Page 83: Bottom Line: The Role of the Legal
Page 86 and 87: i. Rights of Crime Victims’ in Ju
Page 88 and 89: ii. Pre-Adjudication Detention As n
Page 90 and 91: Informal Proceedings The consequenc
Page 92 and 93: The biggest difference between a ju
Page 94 and 95: The Process If the prosecutor wants
Page 96 and 97: 94 PART TWO: CIVIL LEGAL REMEDIES F
Page 98 and 99: General Civil Issues Almost every s
Page 100 and 101: Safety Sexual Assault Protective Or
Page 102 and 103: No-Contact Orders as Conditions of
Page 106 and 107: There are separate and slightly dif
Page 108 and 109: Protections for Sexual Assault Surv
Page 110 and 111: • Eviction of Perpetrator: Public
Page 112 and 113: Initial Strategies The first two so
Page 114 and 115: Title VII of the Civil Rights Act o
Page 116 and 117: Americans with Disabilities Act The
Page 118 and 119: Ripple Effects of Sexual Assault: E
Page 120 and 121: Formal Disciplinary Action A formal
Page 122 and 123: • Required Continuing Assistance
Page 124 and 125: Texas Law: Protective Orders and St
Page 126 and 127: Legal Remedies for Survivors of Sex
Page 128 and 129: VAWA Self-Petitions For certain sur
Page 130 and 131: Crime Reporting Mandatory Reporting
Page 132 and 133: 130
Page 134: 6200 La Calma, Suite 110, Austin, T
show all

Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Create successful ePaper yourself

Delete template?

Save as template?