Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

ACP is available to victims of sexual assault,
aggravated sexual assault, stalking, prohibited
sexual conduct (incest), or family violence whose
attackers do not know where they currently live
(Tex. Code Crim. Proc. Art. 56.82). Before
enrolling in ACP, the law requires a survivor to
meet with an advocate to discuss the program as
part of an overall safety plan. The application to
the Office of the Attorney General must include
a sworn statement that the survivor fears for her
or his safety or the safety of a child or household
member because of a threat of immediate or future
harm caused by the attacker.
If a survivor was attacked at home, the
address confidentiality program is not
an option unless the survivor moves
to a new location, unknown to the
attacker. However, she or he may have
other housing remedies. Always help
survivors consider their full range
of options for safe housing. (p. 103,
Housing Remedies)
Subpoenas
Subpoenas for records are some of the most invasive and potentially legally damaging events in a criminal
prosecution. Defense attorneys often demand to see the victims’ medical, educational, and other personal
records to try to hurt the prosecution’s case. That is especially true when the perpetrator argues that the
survivor consented to sex.
Usually, the prosecutor is the one who opposes those efforts. Often, they use “rape shield” statutes, which
prevent defendants from presenting certain evidence of the victim’s sexual history. However, in many
circumstances victims have the right to obtain personal representation to directly oppose the defendant’s
subpoenas instead of relying on the state. In some circumstances there are advantages to opposing
subpoenas independently, which is discussed later in this manual (p. 96, Civil Remedies/Subpoenas)
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