Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Juvenile Offenders
Introduction
When the perpetrator of sexual assault is a juvenile, some special rules apply. As a general rule, the juvenile
justice system is more lenient toward perpetrators than the adult system, because it has elements of both the
criminal and civil legal systems. In fact, juvenile court proceedings actually are civil cases, not criminal. Even
in cases involving serious offenses like sexual assault, the response to crime sometimes can be more focused
on rehabilitating the child-offender than on punishment. For all those reasons, juvenile proceedings are
significantly different from adult criminal proceedings.
But in many ways, from the advocate’s point of view, there will be similarities. The fact that the perpetrator
is a minor does not necessarily mean the advocate’s responsibilities will be drastically different than if an
adult had committed the offense. For example, victims have statutory rights in juvenile proceedings, just
like in adult criminal proceedings. In many respects, in fact, victims’ rights are the same in both systems.
In addition, sometimes juveniles who commit felonies can be prosecuted as adults in the ordinary criminal
justice system, meaning nothing would be different at all.
There certainly will be differences in the juvenile system, however. The juvenile system offers many
alternatives that are not available in the adult system, and the Family Code has extensive rules governing
when each can apply. Thus, the bulk of this chapter will set out the various ways the state might address
serious sexual offenses when committed by juveniles. Sometimes cases will result in a trial, and sometimes
not. Sometimes the juvenile offender will be committed to an institution, and sometimes not. You and the
survivor should know that the result of a juvenile case will depend on a lot of specific facts and details that,
unfortunately, you may not have any control over.
Therefore, approach this chapter with an eye toward learning what facts will be relevant to courts and
prosecutors when dealing with juvenile offenders. Also, use this chapter as a foundation of knowledge—
and a reference—for helping survivors understand how the juvenile justice system works in general. This
chapter is not a comprehensive guide to the advocate’s role in juvenile cases; you will also need to apply the
information you have learned thus far. This chapter focuses narrowly on the specific ways juvenile cases can
differ from adult criminal cases, and how you should modify your advocacy.
83