Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Bottom Line: The Role of the Legal Advocate in Juvenile Cases
The reality is that most sexual assault survivors you work with probably will not have been attacked by
juveniles. Nevertheless, it is very important that legal advocates have basic knowledge of the juvenile justice
system. The day a victim of a juvenile comes to your agency is a terrible time to start researching.
Despite the many differences between juvenile adjudications and adult prosecutions, the legal advocate’s
general responsibilities are not much different in either system. No matter what kind of case comes your way,
it’s always the advocate’s job to relieve survivors’ stress and confusion by keeping them informed and looking
out for their rights and interests.
In addition, as always, maintain a big-picture perspective on what’s likely to happen next in the proceeding.
The better understanding you have of the justice process, the more effective you will be in guarding the
survivor’s rights. Many of the same considerations that you should think about during an adult proceeding
also apply in juvenile cases. For example, you should ensure the survivor is prepared to provide a Victim
Impact Statement if she or he wishes, or to explain to the juvenile court judge why the juvenile offender
should be detained before the adjudication hearing to protect the survivor’s safety. You should also assist the
survivor in staying informed about court date reschedulings and cancellations, just like in an adult case.
Importantly, many of the same crime victims’ rights apply in the juvenile justice system. So, be sure to
employ the same strategies as in the adult system to protect them.
The biggest differences in the juvenile system are related to punishments, but that also means the survivor
might have the right to participate at more and different times throughout a probation or supervision period.
Therefore, pay close attention to the court’s orders in that regard.
In any event, however, don’t get thrown off by the fact that a juvenile case takes place in a different court.
There are differences both in procedure and in the substance of the law, but your responsibilities to the
survivor remain largely the same—be a resource for information, and stay watchful for the times during the
proceeding when the survivor may need to assert her or his rights.
Finally, use the Texas Juvenile Probation Commission as a resource. Their legal help desk can provide a
broad range of information and assistance regarding the juvenile justice system. The number for the TJPC
legal help desk is (512) 424-6721.
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