Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Bottom Line:
The Role of the Legal Advocate Concerning the Prosecution
Perhaps more than in any other stage of the criminal justice process, the prosecution can feel like
something that happens to the survivor, not for the survivor. It mainly involves two other parties—
the state and the defendant—arguing over something that impacted the survivor more seriously and
intimately than anyone else. Therefore, as always, the advocate’s role centers on providing the survivor
with knowledge and support, and making sure the survivor’s needs are acknowledged. When considering
the survivor’s general needs during and surrounding the prosecution, the following principles are useful
to keep in mind:
• Privacy – A big part of the defense’s strategy will be to find out as much about the survivor as possible
and use it against her or him. You should be prepared to help the survivor recognize and assert the
applicable privacy rights, and maintain lines of communication with the prosecutor. (p. 96)
• Participation – The prosecutor and the defendant tend to take center-stage during the prosecution
phase, so the victim’s needs and voice often get lost in the shuffle. But as an advocate you can help
ensure the survivor’s experience is acknowledged and valued by promoting her or his participation.
• Courage – In a sense, everything the survivor experiences in the justice system builds up to the
in-court testimony. The experience is incredibly draining, both emotionally and mentally, and it
requires immense strength. As an advocate you’re in a unique position to be survivors’ steadfast
support at a time when they need to know someone is on their side.
As an advocate, probably the most important thing you can do regarding the prosecution is to have a solid
grasp of how all the parts of the process fit together as a whole, including crime victims’ rights. Before the
prosecutor even files charges against the defendant, you should think ahead about what the survivor needs
to do to protect her interests during the various stages of the prosecution. As discussed in this chapter, that
could mean contacting schools or hospitals about confidential records, thinking about a pseudonym and
address confidentiality, submitting a Victim Impact Statement, or talking with the survivor’s employer about
time off to appear in court. Each survivor’s needs will be unique, and you’ll likely be the only person who’s an
expert on both the justice system and the survivor’s unique circumstances.
Your foundational knowledge about victims’ rights and the hazards survivors face during the prosecution
will also serve you as the process moves forward. The prosecution can move quickly, and undoubtedly
some things will happen before you’ve had the opportunity to explain them to the survivor. That’s OK,
but you’ll want to know enough to answer the survivor’s questions as they arise, so that she or he views
you as a reliable resource. Of course, always be honest. If you don’t know something, say so and find
out the answer promptly. This manual and the resources in the Appendix are always there for you.
Finally, maintain good working relationships with your local prosecutors and other court officials.
Their assistance will be critical to survivors on a regular basis, and you will see many of the same faces
time and time again. That’s especially true in communities with smaller courthouses and prosecutors’
offices. Your reputation in the courthouse as a helpful and knowledgeable advocate can be as much of a
help to survivors as some of the individual actions you take. But you don’t have to be a doormat, either.
Know the law well, and ask questions when things don’t go the way you think they should. You can and
should have a strong, mutually respectful relationship with officials while always putting the survivor first.
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