Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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Table of Contents: 05 Manual Preface Part One: The Criminal Justice Process 07 Foundations of the Criminal Justice System 25 Crime Victims’ Rights 33 The Criminal Investigation 45 The Prosecution 69 Sex Offender Monitoring & Treatment 83 Juvenile Offenders Part Two: Civil Legal Remedies 95 The Importance of Civil Law 96 General Civil Issues 103 Housing Issues 109 Employment Issues 116 Educational Issues 123 Immigration Issues 3
Page 1: Sexual Assault Legal Advocacy Manua
Page 7 and 8: Preface A statewide workgroup colla
Page 9 and 10: Foundations of the Criminal Justice
Page 11 and 12: MISDEMEANORS Category Class A Class
Page 13 and 14: Mens reA Identity of Victim Harm to
Page 15 and 16: Enhancements In addition to defense
Page 17 and 18: h. the actor is a mental health ser
Page 19 and 20: iv. Related Offenses Stalking, Tex.
Page 21 and 22: Online solicitation of a minor, Tex
Page 23 and 24: Definition of “Harmful Material
Page 25: Bottom Line: The Role of the Legal
Page 28 and 29: ii. Crime Victims’ Rights: Statut
Page 30 and 31: Statutory Rights Victims of sexual
Page 33: Bottom Line: The Role of the Legal
Page 36 and 37: i. Reporting When sexual assault ha
Page 38 and 39: ii. Cases Involving Child Survivors
Page 40 and 41: iii. Polygraphs Years ago, police d
Page 42 and 43: The medical forensic exam is a vita
Page 44 and 45: Limitations of the Program Signific
Page 47 and 48: The Prosecution Introduction: Provi
Page 49 and 50: ii. Bail and Pretrial Protection Ba
Page 51 and 52: iii. Confidentiality Texas law prov
Page 53 and 54: iv. The Right to Be Informed of Dat
Page 55 and 56:
vi. Victim Impact Statement Functio
Page 57 and 58:
vii. Plea Bargaining The vast major
Page 59 and 60:
viii. Victim-Offender Mediation/Dia
Page 61 and 62:
Importantly, just because the defen
Page 63 and 64:
The survivor should know that an ob
Page 65 and 66:
Within that large range, however, t
Page 67 and 68:
ADVOCACY ACTION: In order for the j
Page 69:
Bottom Line: The Role of the Legal
Page 72 and 73:
i. Sex Offender Registration and Ve
Page 74 and 75:
Finally, officials should distribut
Page 76 and 77:
Duration For sexually violent offen
Page 78 and 79:
Early Termination for Certain Offen
Page 80 and 81:
How Does a Sex Offender Get Civilly
Page 82 and 83:
How Long Does Civil Commitment Last
Page 85 and 86:
Juvenile Offenders Introduction Whe
Page 87 and 88:
• Upon request, to receive referr
Page 89 and 90:
iii. Informal Dispositions and Dive
Page 91 and 92:
iv. Formal Court Proceedings In mos
Page 93 and 94:
There are also some special require
Page 95 and 96:
Bottom Line: The Role of the Legal
Page 97 and 98:
The Importance of Civil Law Introdu
Page 99 and 100:
Confidential Records and Informatio
Page 101 and 102:
(Tex. Code Crim. Proc. Art. 7A.03.)
Page 103 and 104:
CVC is available to any victim of a
Page 105 and 106:
Ripple Effects of Sexual Assault: H
Page 107 and 108:
Both the sexual assault and family
Page 109 and 110:
For many survivors with burdensome
Page 111 and 112:
Ripple Effects of Sexual Assault: E
Page 113 and 114:
To be eligible for FMLA protections
Page 115 and 116:
Clearly, then, even though a Title
Page 117 and 118:
Currently, Texas law makes unemploy
Page 119 and 120:
Sexual Assault on College Campuses
Page 121 and 122:
Federal Legal Remedies Federal law
Page 123 and 124:
However, survivors considering civi
Page 125 and 126:
Ripple Effects of Sexual Assault: I
Page 127 and 128:
After three years with the U visa,
Page 129 and 130:
127 Appendix AND Referral Resources
Page 131 and 132:
PROGRESSIVE SANCTIONS MODEL FOR JUV
Page 133 and 134:
131
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