Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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iii. Polygraphs Years ago, police departments in many places across the country required lie detector tests for rape victims before investigating. Fortunately, Texas has outlawed that practice. Under Tex. Code Crim. Proc. Art. 15.051, police and prosecutors are forbidden from dismissing a sexual assault complaint because of the victim’s unwillingness to undergo a polygraph test, or because of unsatisfactory results from such a test. The law protects victims of sexual assault (Tex. Penal Code § 22.011), aggravated sexual assault (Tex. Penal Code § 22.021), indecency with a child (Tex. Penal Code § 21.11), continuous sexual abuse of a young child (Tex. Penal Code § 21.02), or prohibited sexual conduct (Tex. Penal Code § 25.02) (p. 14, Offense Descriptions). Contrary to many people’s assumptions, police and prosecutors are permitted to give sexual assault survivors lie detector tests. However, if they do, they must obtain a signed and written statement from the victim affirming that the victim understands two things: 1. The complaint cannot be dismissed because the victim refuses to take a polygraph, AND 2. The complaint cannot be dismissed on the basis of the results of a polygraph test (because results of a lie detector test cannot be conclusive proof that the survivor is lying). Few law enforcement agencies or district attorney’s offices administer polygraphs to victims regularly. Nevertheless, it can happen, and victims have important rights that must be respected if it does. 38
iv. Medical Forensic Examinations What is a Medical Forensic Examination? A medical forensic examination (sometimes called a sexual assault examination) is a medical procedure typically conducted by a nurse, a physician, or a specially trained nurse called a Sexual Assault Nurse Examiner (SANE) or a Sexual Assault Forensic Examiner (SAFE). The Code of Criminal Procedure gives sexual assault survivors a legal entitlement to an exam at medical facilities in their communities. (p. 25, Crime Victims’ Rights) There are only a couple restrictions on who is entitled to an exam. First, the survivor must request the exam within 96 hours (4 days) of the assault. Second, if a victim who reports a sexual assault to police has previously made a false report of sexual assault to a law enforcement agency, and there is no corroborating evidence of the present assault, police may decline to request a sexual assault exam for that person (Tex. Code Crim. Proc. § 56.06(a)). Aside from those two exceptions, any survivor of sexual assault has the right to a sexual assault exam (Tex. Code Crim. Proc. § 56.03(a)(14)). The purpose of a medical forensic exam is to provide medical treatment to sexual assault survivors while collecting evidence of the crime. Thus, as its name suggests, the exam has two parts: the medical portion and the forensic portion. The distinction is especially important for payment purposes, as explained at the end of this section. The word “forensic” signals that something is related to proving a fact in a court of law. Accordingly, the forensic portion of the sexual assault exam refers to anything related to collecting evidence of the crime. These are the things the police and prosecutor will use later to try to identify and convict the attacker. Photographs of injuries, samples of the attacker’s hair or bodily fluids, clothing fibers, and a toxicology test are all typical examples. On the other hand, the medical portion is the opposite. It includes everything the nurse or physician does purely for the survivor’s medical treatment, having nothing to do with collecting evidence of the crime. If the survivor needs medication, prophylaxes to stop sexually transmitted infections, stitches, or treatment for any other injury, that treatment is available to the survivor as part of the medical portion of the exam. Examples of Medical and Forensic Services Medical Portion Forensic Portion • Medications • Stitches • STI prophylaxis • Treatment for sprains or broken bones • Emergency room services • Taking samples of hair or bodily fluids • Photographs of injuries • Taking samples of clothing fibers left on the survivor • Toxicology test for rape-facilitating drugs 39
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: Legal Advocacy for Child Survivors
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 104 and 105:
If the survivor incurs any of the a
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:
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Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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