Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

ADVOCACY ACTION: The survivor has the right to receive restitution, upon request,
under Article 1, Section 30(b)(4) of the Texas Constitution. The advocate should always
alert the survivor to request restitution, and the prosecutor should assert the survivor’s
constitutional right. In the event the prosecutor does not assert the right, the survivor has
standing to assert it personally under Art. 1, Sec. 30(e) of the Texas Constitution. (p. 25, CVR)
If the prosecutor engages in plea negotiations with the defendant, there will be an array of punishment
options available. Advocates should make sure survivors are fully informed about all of them and have the
opportunity to weigh in on what punishment is appropriate. To that end, the advocate should help the
victim open a line of communication with the prosecutor. Although survivors have no specific statutory
right to be informed about the plea bargaining process, many prosecutors will communicate with victims
directly and openly.
Survivors also have a state constitutional right, upon request, to “confer with a representative of the
prosecutor’s office” (Tex. Const. Art. 1, Sec. 30(b)(3)). When a survivor submits a written request for
her or his rights as a crime victim, she or he should specifically request to confer with the prosecutor prior
to any plea agreements.
In any event, survivors must understand that criminal convictions are not one-size-fits-all. Understanding
the consequences of a plea bargain is crucial to the survivor’s ability to evaluate it. And, even though the
prosecutor makes the final decision about what plea bargain is appropriate, survivors’ perspectives are
critical to help prosecutors make those decisions. Therefore, advocates should help survivors in three
specific ways to maximize their participation in a plea bargain:
1. Submit a Victim Impact Statement within 10 days after the indictment.
2. Submit a written request to the prosecutor’s office that all rights of the crime victim under Article 1,
Section 30 of the Texas Constitution and Chapter 56 of the Code of Criminal Procedure be recognized
and honored, specifically including conferring with the victim prior to any plea agreements.
3. Open an informal line of communication with the prosecutor about what charges and punishments
are appropriate from the survivor’s perspective.
56