Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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 Texas’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.
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