Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

More documents

Recommendations

Info

How Long Does Civil Commitment Last? Civil commitment continues until the offender’s behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence (Tex. Health And Safety Code § 841.081(a)). Thus, hypothetically, an offender could remain civilly committed his or her entire life if authorities never determine that the abnormality is corrected. However, the law requires the court to conduct a review of the civilly committed offender’s status every two years. The court will hold a hearing on the offender’s commitment if the judge determines one of two things, based on the case manager’s report: 1) A requirement imposed on the offender should be modified. 2) There is probable cause to believe the offender’s behavioral abnormality has been corrected. The court can hold the hearing before a jury, and the burden is on the state to prove beyond a reasonable doubt that the offender’s behavioral abnormality has not been corrected. As a result, an offender’s commitment has a chance of ending every 2 years. In addition to the mandatory biennial review, committed offenders can also petition the court themselves to terminate the commitment. If the case manager believes the offender’s behavioral abnormality has been corrected, she or he can authorize the offender to petition the court at any time, and the judge must schedule a hearing just like the one described above. The offender can also petition the court without the case manager’s authorization, but in that situation the judge is not required to hold a hearing. 80
Bottom Line: The Role of the Legal Advocate Concerning Sex Offender Monitoring and Treatment By the time a case proceeds to the point that the perpetrator faces classification as a sex offender, the survivor’s participation in the justice system will be mostly over. The defendant will already have been convicted or have received some other adjudication, which means the investigation and trial are already over. Of course, the survivor has a role to play during the parole and/or probation process (p. 53, VIS), and there might be an appeal pending. However, sex offender registration proceedings do not require victims’ involvement. Nevertheless, information about <strong>Texas</strong>’s registration and verification program is relevant and beneficial to survivors at various times throughout the justice process. Survivors often provide input on decisions that later affect the perpetrator’s registration requirements. Therefore, the advocate must become familiar enough with the laws governing sex offenders to be a reliable source of information for survivors. Legal advocates can be particularly effective in that role by anticipating the times survivors are likely to need that information. Probably the most obvious example is during discussions with the prosecutor about plea bargains. As described at length earlier in this chapter, the kind of registration requirements the state imposes on the perpetrator, if any, depends almost entirely on the offense committed and the type of adjudication (i.e., conviction, community supervision, deferred adjudication, or juvenile delinquent conduct). Plea bargains almost always involve a lesser charge than the original and/or an adjudication less severe than a conviction. Survivors have the right to confer with the prosecutor’s office, but they cannot meaningfully communicate about plea offers unless they understand the potential effects on sex offender registration. Knowledge about sex offender registration can be important to survivors at other times too. Issues may arise during safety planning discussions, during pre-report discussions about what could happen to the perpetrator if police get involved, when completing a Victim Impact Statement, or when deciding whether to stay involved in the case during parole or appeal proceedings. Of course, that list is not exhaustive because every case is different. As always, consider the survivor’s unique circumstances and needs, and make sure she or he has all the information necessary to participate meaningfully. Finally, the information the survivor needs will not always be technical. Frequently, so much happens all at once during the criminal process that post-conviction registration is not even on the survivor’s radar. Thus, in order to explain why information about registration is relevant, you might first need to provide the survivor a general overview of what sex offender registration is. Not every survivor will need that or any other information, but always listen and be attentive to what important knowledge the survivor lacks. Much of the information in this manual, and in this chapter specifically, is very specialized. Remember that you’re the expert, and the survivor doesn’t always need to know everything you know. This manual is comprehensive to give you a complete understanding and to allow you to use it as a reference. However, to a survivor with a specific need at a specific time, too much information will be overwhelming and confusing. In your role as an informational resource, always be sensitive to the survivor’s need for concise and accurate assistance. 81
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 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: What Does Civil Commitment Entail?
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?