Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

More documents

Recommendations

Info

Finally, officials should distribute additional public notices for offenders who are deemed particularly dangerous. Under Texas law, all registered sex offenders receive one of three risk assessments based on their dangerousness: Level 1 (low-risk), Level 2 (moderate-risk), or Level 3 (high-risk). Offenders with risk level 3—meaning they pose a serious risk to the community and will continue to engage in criminal sexual conduct—require additional public notice. For those offenders, local law enforcement are directed to distribute written notices in English and Spanish to all nearby addresses (within one-mile in rural communities, and within 3 blocks in urban communities). In this situation, local law enforcement might also choose to notify the community by publishing a notice in a newspaper or other periodical, on a website, or another method. Verification “Verification” refers to a sex offender’s requirement to check in with authorities periodically in order to keep track of the offender and to keep the offender’s information up to date. The exact verification requirements for an offender depend largely on the type of crime he or she committed. Some of the reportable offenses listed previously are considered “sexually violent offenses.” Under Tex. Code Crim. Proc. § 62.058, offenders who committed sexually violent offenses must report to their local law enforcement agencies once per year for their lifetimes. That is stricter than offenders who commit other crimes, whose annual reporting is not a lifetime requirement. If a sexually violent offender fails to make an annual report, his or her reporting requirement enhances from annual reports to every 90 days. The sexually violent offenses are as follows: • Sexual assault (only if offender was older than 17) (Tex. Penal Code § 22.011) • Aggravated sexual assault (only if offender was older than 17) (Tex. Penal Code § 22.021) • Continuous sexual abuse of a young child or children (only if offender was older than 17) (Tex. Penal Code § 21.02) • Indecency with a child (only if offender was older than 17 and the offense involved sexual contact) (Tex. Penal Code § 21.11(a)(1) • Sexual performance by a child (Tex. Penal Code § 43.25) • Aggravated kidnapping (only with intent to abuse the victim sexually) (Tex. Penal Code § 20.04(a)(4)) • Burglary (only if involving breaking into a habitation with intent to commit sexual assault, aggravated sexual assault, continuous sexual abuse of a child, indecency with a child, or aggravated kidnapping with intent to abuse the victim sexually) (Tex. Penal Code § 30.02(d)) • Any offense in another state or country, under federal law, or under the Uniform Code of Military Justice having elements substantially similar to the elements of any offense listed above 72
Restrictions on Internet Usage for Certain Sex Offenders The Legislature has imposed some special restrictions on Internet usage for certain registered sex offenders for the duration of their parole. The restrictions affect offenders to whom at least one of the following applies: 1) Convicted or granted deferred adjudication or community supervision for one of the following offenses: • Indecency with a child (Tex. Penal Code § 21.11) • Sexual assault of a child (Tex. Penal Code § 22.011(a)(2)) • Aggravated sexual assault of a child (Tex. Penal Code § 22.021(a)(1)(B)) • Online solicitation of a minor (Tex. Penal Code § 33.021) • Sexual performance by a child (Tex. Penal Code § 43.25) 2) Used the Internet to commit the offense 3) Was assigned a risk level of 3 (high-risk) (Sec. 13E, Art. 42.12, Code of Criminal Procedure) Under Section 13E(b), Art. 42.12, if the court grants the offender community supervision (p. 63, Community Supervision), and any one of the three descriptions above applies, then there are 3 restrictions that must be part of the community supervision order: 1) The offender shall not use the Internet to access obscene material. 2) The offender shall not use the Internet to access any commercial social networking site. 3) The offender shall not use the Internet to communicate with any person about sexual relations with a person younger than 17. 4) The offender shall not use the Internet to communicate with any person the offender knows is younger than 17. In addition, Tex. Gov. Code § 508.1861 imposes the same restrictions on all offenders released from confinement for the same offenses on parole or mandatory supervision. 73
Page 1:
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 58 and 59: ADVOCACY ACTION: The survivor has t
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: What Does Registration Entail? Regi
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
Page 134:
6200 La Calma, Suite 110, Austin, T
show all

Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?