Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

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i. Rights of Crime Victims’ in Juvenile Proceedings Knowing the survivor’s basic rights is the best place to start learning about the juvenile justice system. For cases involving child perpetrators, the Texas Family Code sets out specific statutory victims’ rights, which mirror those contained in the Code of Criminal Procedure. Who Is a “Child”? First, who is a “child,” for purposes of Texas’s juvenile justice system? “Child” is defined in Tex. Fam. Code § 51.02. In order for a juvenile court to have jurisdiction over a case, the alleged offender must be a person who is 10 or older but under 17. Juvenile court can also have jurisdiction over a person older than 17 (but under 18) if he or she committed delinquent conduct before becoming 17. “Delinquent conduct” is a term describing certain acts committed by a child that violate criminal law (Tex. Fam. Code § 51.03(a)). Because of a child’s age, the state does not generally convict children of “crimes.” It is true that a child’s conduct must be criminal and meet the statutory definition of a crime in order to be adjudicated by the juvenile court, but the result is not technically a conviction in the same sense as a conviction in adult criminal court. Instead, the juvenile justice system usually treats the juvenile offender as someone in need of rehabilitation, not just punishment. If the perpetrator is a child within the meaning of the Family Code, the case can go to juvenile court, and the rights listed below will apply. Victims’ Rights The rights of victims of juveniles are found in Title 3 of the Family Code, entitled the “Juvenile Justice Code.” Under Tex. Fam. Code § 57.002, victims of juvenile offenders have the right: • To protection by law enforcement from harm and threats of harm arising from cooperating with the prosecution (Tex. Fam. Code § 57.002(1)) • To have their safety considered by the court when deciding whether to detain the juvenile before adjudication (Tex. Fam. Code § 57.002(2)) • Upon request, to be informed about juvenile justice procedures, including those related to the preliminary investigation, deferred prosecution, and appeals (Tex. Fam. Code § 57.002(4)) • Upon request, to be informed of relevant court proceedings, including appellate proceedings, cancellations, and reschedulings (Tex. Fam. Code § 57.002(3)) • To be present at all public court proceedings related to the conduct of the offender, unless the court determines the victim must be sequestered during other witnesses’ testimonies (Tex. Fam. Code § 57.002(11)) • If requested, to have the prosecutor notify the victim’s employer of the victim’s need to miss work in order to participate in the juvenile proceedings (Tex. Fam. Code § 57.002(10)) • To provide information about the impact of the crime on the victim by testimony, written statement, or any other method for use during a disposition hearing (Tex. Fam. Code § 57.002(5)) 84
• Upon request, to receive referrals to social service agencies for additional assistance (Tex. Fam. Code § 57.002(6)) • To be provided a waiting area separate from other witnesses and the offender before testifying in any proceeding, or, if that is not available, other safeguards to minimize the victim’s contact with the child and the child’s relatives (Tex. Fam. Code § 57.002(8)) • Upon request, to be informed about procedures for release under supervision, or transfer to the custody of the Texas Department of Criminal Justice pardons and paroles division (Tex. Fam. Code § 57.002(7)) • To participate in the process for release or parole (Tex. Fam. Code § 57.002(7)) • To provide information to the Texas Youth Commission to be considered before the offender’s release or parole (Tex. Fam. Code § 57.002(7)) • If requested, to be notified of the offender’s release or transfer for parole (Tex. Fam. Code § 57.002(7)) • To prompt return of any property held by law enforcement or a prosecutor as evidence, when the property is no longer needed for that purpose (Tex. Fam. Code § 57.002(9)) • To receive information on Crime Victims’ Compensation, including compensation for medical expenses related to a sexual assault examination (Tex. Fam. Code § 57.002(6)) • Any other right appropriate to the victim contained in the Crime Victims’ Rights section of the Code of Criminal Procedure (p. 28, CVR) (Tex. Fam. Code § 57.002(12)) HIV/STI Testing In addition, a different provision in the Family Code requires testing of the juvenile offender for HIV and other sexually transmitted infections and diseases. Section 54.033, Texas Family Code, requires such testing of any juvenile adjudicated of delinquent conduct that constitutes sexual assault (Tex. Pen. Code § 22.011), aggravated sexual assault (Tex. Pen. Code § 22.021), or indecency with a child (only if involving sexual contact) (Tex. Pen. Code § 21.11(a)(1)). (p. 14) Strategies for Protecting Victims’ Rights Refer to Section ii of the chapter covering “Crime Victims’ Rights” for a complete discussion of strategies to protect survivors’ legal rights. As an advocate, you will be well-positioned to anticipate what will happen next in the juvenile proceedings, and which legal rights will likely apply. Help the survivor identify which rights can help protect her or his interests. In addition, especially for any right containing the phrase “upon request” or “if requested,” be sure the survivor makes a request to the appropriate official in writing. (p. 25, CVR) 85
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Sexual Assault Legal Advocacy Manua
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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 and 82: What Does Civil Commitment Entail?
Page 83: Bottom Line: The Role of the Legal
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
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