Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

In addition, survivors can complete a pseudonym at any
time. If she or he completes it after the investigation has
begun, the law requires police to replace the survivor’s true
identity with the pseudonym in all public records (Tex.
Code Crim. Proc. § 57.02(e)). Aside from the survivor’s
name remaining confidential, this type of report is identical
to a normal crime report.
To obtain and file a pseudonym form, contact Sexual
Assault Prevention or Crisis Services within the Office of
the Attorney General’s Crime Victim Services Division:
(512) 936-1615 or sapcs@oag.state.tx.us.
Survivors can file
pseudonym forms
at any time during
the investigation and
prosecution, and officials
must delete the true name
from any public documents
already created.
Third-Party Report
Finally, survivors can make a “third-party report,” or a “Jane Doe report.” That means the survivor
does not actually make a formal crime report, but still shares information with police about the sexual
assault—and about the attacker—for their records. Because this type of report will not usually provide
police with very much evidence, it will not typically result in a full investigation, and police will not
approach the attacker. Instead, police will simply use the information the survivor provides to gain a more
complete view of crime in the community.
Because a Jane Doe report is not technically a formal police report, it does not affect the survivor’s ability to
make a formal report at a later time. Under no circumstances should police consider a Jane Doe report to be
a false, unfounded, or unsubstantiated report. The ordinary statute of limitations, however, will apply.
Reporting for Incarcerated Survivors
If a correctional facility is located within your agency’s service area, you might receive letters from inmates who
have been sexually assaulted there. Your agency may already have a relationship with the local jail or prison,
making counseling or advocacy available to inmate survivors. Typically, however, correctional facilities in Texas
do not have established relationships with their local rape crisis centers or sexual assault programs.
If your agency does not provide direct services to incarcerated survivors, you can refer them to the Safe
Prison Program, which is administered by the Texas Department of Criminal Justice. The program is
intended to prevent sexual assault in prison and encourage better response by correctional staff. For more
information, contact the Program Manager in Huntsville at (936) 437-8918. In addition, an independent
Prison Rape Elimination Act Ombudsman provides oversight for the program. Also based in Huntsville,
the Ombudsman is available by phone at (936) 437-2133.
Whatever the situation, if a legal advocate is fortunate enough to speak with a survivor before she or he
reports, the advocate is in a unique position to provide the knowledge and support needed to make the
best decision. Not only has the advocate been trained to support the survivor through a very difficult
time, but the advocate also has important legal knowledge at her disposal. It is critical to understand the
reporting process, but other legal issues can also impact the decision whether to report. One of the most
important is the medical forensic examination, which Section iv will cover in detail.
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