Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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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
viii. Victim-Offender Mediation/Dialogue Victim-offender dialogue programs provide an additional response to crime, separate and apart from the typical criminal prosecution. In Texas, Victim-Offender Mediation/Dialogue (“VOM/D”) is available to any crime victim. It is never required; VOM/D only occurs when both the victim and offender volunteer for it, and the offender admits guilt. The purpose of VOM/D is not for the perpetrator to earn credit to lessen his or her punishment, or to affect parole or community supervision. Instead, its purpose is to help survivors get closure to aid in their healing and recovery. A 2002 study revealed the most common reasons violent crime victims in Texas chose to participate in VOM/D were to seek answers to lingering questions, to express the impacts the crimes had on them, to experience a more human interaction with the offender, and to advance healing. The study found that 95% of victims participating in Texas were satisfied or very satisfied with the experience. 2 To learn more about participating in the VOM/D program, survivors and advocates can contact the Texas Department of Criminal Justice at 1-800-848-4284 or victim.svc@tdcj.state.tx.us. 2 Koss, M. and Achilles, M. (2008, February). Restorative Justice Approaches to Sexual Violence. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence/Pennsylvania Coalition Against Domestic Violence. Retrieved February 2, 2010, from http://www. vawnet.org (citing Umbreit, M.S., Coates,R.B., Vos, B., & Brown, K. (2002). Executive summary: Victim Offender Dialogue in crimes of severe violence: A multi-site study of programs in Texas and Ohio. Minneapolis, MN: Center for Restorative Justice and Peacemaking, University of Minnesota School of Social Work. http://rjp.umn.edu/img/assets/13522/Ex_Sum_TX_OH_VOD_CSV.pdf). 57
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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 and 40: Legal Advocacy for Child Survivors
Page 41 and 42: iv. Medical Forensic Examinations W
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 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
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