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Page 1: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case
Page 2: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

LEARNING OBJECTIVES

1. Discuss various case studies relating to survivors of sexual assault.

2. Provide advocates with information on the legal remedies available to survivors of sexual assault.

3. Discuss appropriate legal expectations for survivors of sexual assault.

Page 3: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

WHO ARE WE???Advocates for Victims of CrimeAVO CEiAmanda N. HillOutreach Coordinator

p 888-343-4414f [email protected]

P.O. Box 41256 Austin, TX 78704www.tlsc.org

A program ofAdvocates for Victims of CrimeAVO CEi

Amanda N. HillOutreach Coordinator

p 888-343-4414f [email protected]

P.O. Box 41256 Austin, TX 78704www.tlsc.org

A program of

Page 4: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

WHAT DO WE DO TO HELP VICTIMS/SURVIVORS OF SEXUAL ASSAULT?

• Free legal advice• Assistance with preparing

legal documents• Assistance with the criminal

justice process• Representation in court

Victim empowerment = Survivor

Page 5: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

WHY WE DO WHAT WE DO…

https://youtu.be/fffPZn1cDTk

Page 6: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

INTAKE: USING THE EMPOWERMENT MODEL

• Client focused• Client directed • Active listening• Identify both legal and non-legal needs• Problem solve WITH the client (not FOR the client)• Restoration of power and control is key

**The client knows his/her own life best.**

Page 7: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

ELEMENTS OF LEGAL INTAKE

• Confidential• Candid• Thorough investigation of the facts• Active Listening • Thorough issue spotting • Plan of Action• Safety Planning• Referrals

Page 8: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case
Page 9: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

ISSUE SPOTTING: LEGAL NEEDS OF THE SEXUAL ASSAULT VICTIM

Victim

CriminalJustice

Employment

Education

Family

ImmigrationHousing

Privacy

Safety

MentalHealth

Page 10: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CASE STUDY #1Cindy is attending college in Texas. She is a member of the tennis team. While

traveling to a nearby Texas city with the college tennis team for a tennis match she was sexually assaulted by another member of the tennis team.

Cindy lives in an apartment off campus in housing that the Housing Department of the college helped her find. Unfortunately for her, the member of the tennis team that assaulted her also lives in the same apartment complex.

Further, the person who assaulted her is in many of her same classes or has classes in the same buildings because they are both in business school. He has also been posting terrible things about her on Facebook, and sends her threatening texts. The campus police have not done anything to help her.

How can you help Cindy?

Page 11: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

SPOTTING LEGAL ISSUES

Should Cindy:

Contact the police?

Get a SANE exam?

Contact the college she attends?

Drop out of the tennis team?

Drop out of school or transfer?

Contact her apartment complex?

Seek a protective order?

Criminal Justice

Education

Housing

Safety

Page 12: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

EDUCATION: TITLE IX

Every school that receives federal funding must have:

• a Title IX Coordinator pursuant to Title IX of the Education Amendments of 1972.

• an established procedure for handling complaints of sex discrimination, sexual harassment and sexual violence, such as sexual assault and rape.

The Title IX coordinator’s contact information should be easy to find –posted on the college website and in other places where a student could easily find it.

Page 13: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

TITLE IX REMEDIES• Immediate action to protect Cindy.

• No contact directive against the alleged perpetrator.

• No retaliation against Cindy for filing a complaint.

• Changes in class schedules.

• Accommodations to re-take a course or withdraw from a class without penalty and without it affecting her academic record.

• School security personnel accompaniment.

• Tutoring or other academic support.

• Safety while participating in athletic activities.

• Changes in housing.

• Counseling services and medical services.

• Immediate investigation, concluded in a reasonable time period – more or less 60 days.

• Administrative hearing with witnesses and other evidence.

Page 14: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

EDUCATION: TITLE IX

Legal Option: Contact the Title IX Coordinator at the college she attends. The Title IX process should help her avoid having to drop off the tennis team, or drop out of school.

Page 15: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

EDUCATION: TITLE IX

Practical evidentiary concerns: Length of time between assault and Title IX claimWitness testimonyConsent issue

Page 16: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

HOUSING

Legal Option: Through the Title IX process, work with the school to get a change in housing for either the victim or the perpetrator, depending on the preference of the victim.

Page 17: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

SAFETY – PROTECTIVE ORDER

Sexual Assault Protective Order: A victim of sexual assault can apply for a sexual assault protective order under Section 7A of the Texas Code of Criminal Procedure.

Legal Option: Apply for a Sexual Assault Protective Order

Page 18: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

SAFETY – PROTECTIVE ORDER

Practical evidentiary concerns: • Must prove there are reasonable grounds to

believe that a sexual assault occurred.• Police report is key in proving reasonable

grounds.

Page 19: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CRIMINAL JUSTICE

Legal Option:File a police report and get a Sexual Assault Nurse Examination (SANE).

Page 20: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CRIMINAL JUSTICE

Practical evidentiary concerns: Length of time between assault and report/SANE examWitness testimonyConsent issue

Page 21: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

PRIVACYConfidentiality during Intake, and ask what the victim wants to keep private.

Criminal Justice: Request law enforcement to adopt a pseudonym

Title IX: Confidentiality in the process.

Social Media: Address victim’s social media presence,

and suggest she refrain from posting anything about

the assault on the internet.

Privacy-Related Intake Questions:

Are there people you don’t want to know about the assault?

Is there certain information you are concerned about protecting?

Have you posted anything on the internet about the assault?

Page 22: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

PLAN OF ACTIONTitle IX/Protective Order/Criminal justice• Weigh the options, balancing privacy concerns with need

for safety and desire for justice.• Communicate with law enforcement/prosecution and Title

IX coordinator. • Gather evidence, talk to potential witnesses.• Prepare testimony, and victim impact statement.• Safety Plan• Referrals to County/District Attorney, legal services, or with

pro se paperwork (SAPO pro se kit found at http://texaslawhelp.org/resource/sexual-assault-protective-order-kit.

Page 23: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CASE STUDY #2Anna has been in the U.S. for one year.She is undocumented. She came to Texas with her boyfriend

who is also undocumented. Her boyfriend and she have one child who was born in the U.S., and has special needs.

Her boyfriend has been more and more abusive to her and most recently sexually assaulted her in their apartment that they share.

It is the day of the crime. He has hurt her badly. She is afraid and comes to you for help.

How can you help Anna?

Page 24: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

Immigration

SPOTTING LEGAL ISSUES

Should Cindy:

Contact the police/File a report?

Get a SANE exam?

Seek a uvisa?

Seek a Protective Order?

Try to get her own apartment?

File for custody of her son?

Criminal Justice

Family

Housing

Page 25: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CRIMINAL JUSTICE/IMMIGRATION

Immigration Remedies:

A U Visa allows non-citizen victims of crime to apply for temporary legal status and work eligibility in the US for up to 4 years. Only 10,000 U visas may be issued every fiscal year. Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents.

Legal Option: File a police report and apply for a U visa in order to

be given legal rights to work and stay in the U.S.

Page 26: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CRIMINAL JUSTICE/IMMIGRATION

Practical evidentiary concerns: There are three requirements to getting a U Visa. • victim of one of a list of crimes in the U.S. (domestic abuse and sexual assault are on the list)• cooperation with the police and/or prosecutors (such as, calling the police, telling the police what happened, answering their questions, talking to a prosecutor, testifying in court)• the crime must have hurt you physically or mentally (physical and mental injuries include: pain, broken bones or bruises, needing to take medicine for the injuries, seeing a therapist, trouble eating and sleeping, feeling sad, anxious and/or depressed)

Page 27: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

HOUSING

Remedies: A victim of sexual assault that occurs in the dwelling or on the premises of the dwelling may terminate their lease and leave the property without further obligation to pay future rent or termination fees.

In cases where there has been domestic violence, public housing agencies and Section 8 landlords can evict domestic violence perpetrators while allowing the rest of the family to remain in the subsidized unit.

Page 28: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

HOUSING

Evidentiary Issues:

Request to leave must be made within 6 months of the sexual assault. Texas Property Code §92.0161 (c)

Must provide one of the following documents to landlord:§ documentation of the assault or abuse from a rape

crisis center, licensed health care or mental health services provider who provided an examination or evaluation or that provided services ; or

§ a final sexual assault protective order issued under Chapter 7A, Texas Code of Criminal Procedure

Page 29: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

HOUSING/PROTECTIVE ORDER

Legal Options:• Move out• Texas Property Code – terminating a lease• Sexual Assault Protective Order – kick-out order

Page 30: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

FINANCIALCrime Victim’s Compensation Remedies

Rent and relocation - $3800 max ($2000 in moving expenses and $1800 or 3 months rent, whichever is less)Medical reimbursement - $50,000 max (unless catastrophic)Counseling - $3,000 max

Legal Option:File an application for Crime Victim’s Compensation with the

Office of the Attorney General, seeking rent and relocation, in addition to other applicable expenses.

Page 31: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

FINANCIAL

Practical evidentiary concerns

• Lack of police report substantiating a crime occurred

• Untimely police report • Failure to cooperate with law enforcement

Page 32: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CUSTODYLegal Options:

File a Suit Affecting the Parent Child Relationship orFile an application for child support with the Office of the Attorney General.

Practical Evidentiary Concerns: Who is the primary caretaker of the child?What is in the best interest of the child?Did the abuse occur in the child’s presence and/or was the child put in danger?

Page 33: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

PLAN OF ACTION Immigration/Criminal justice/Housing/CustodyFile police report. Communicate and cooperate with law enforcement/prosecution.Prepare documents for U-Visa, or refer to immigration attorney.Make decisions about housing.Prepare CVC application and send to OAGCommunicate with CVC division and case worker assigned to their

case.Refer to attorney or OAG, or file pro se with SAPCR forms from Texas

Law Help: http://texaslawhelp.org/resource/suit-affecting-the-parent-child-relationship

Page 34: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CASE STUDY #3

Marie has been working at as a janitor for 5 years. Her supervisor has repeatedly harassed her by making inappropriate comments about her breasts and has even touched her inappropriately in the supply room. She has asked him to stop, but he just laughs at her and says that he is just kidding around. He then moved her to the night shift.

One night, Marie’s supervisor had been drinking, and approached her when nobody else was around. He sexually assaulted her and threatened to fire her if she said anything.

Marie wants to keep her job but she is afraid to be around her supervisor now. What can you do for her?

Page 35: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

Employment

SPOTTING LEGAL ISSUES

Should Marie:

Contact the police/File a report?

Get a SANE exam?

Seek a new job?

File a complaint with

her employer?

File a lawsuit?

Seek a protective order?

Criminal Justice

Safety

Financial

Page 36: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

EMPLOYMENT – TITLE VII

Employment Law Remedies: Title VIIProtects against workplace sexual harassment

and hostile work environment. Applies to employers with 15 or more

employeesForbids employers from retaliating.Can request reasonable accommodations Can file a complaint with the EEOC, if no

employer response to the assault.

Page 37: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

EMPLOYMENT – TITLE VII

Evidentiary concerns:Perpetrator is a supervisor or another agent of the

employer, and commits rape or sexual assault on the job;

or a co-worker or non-employee but the employer knew or should have known that the abuse involved the workplace, and the employer did nothing to stop it.

What does the employee handbook say? Did the employee notify the employer?

Page 38: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

PLAN OF ACTION

Contact the employerCommunicate with the employer to make reasonable

accommodations (ie, fire the supervisor, move the employee to a different location, etc.)

Watch for retaliationFile an EEOC complaintRefer to a private attorney or the Equal Justice Center

for assistance with a civil lawsuit.Seek Protective Order.

Page 39: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CASE STUDY #4Amy has been married for 14 years. She and her husband, Larry, have 4

children. Larry has been out of work for a couple of years, and has been getting increasingly abusive with her and the children. He drinks too much and becomes violent on occasion.

Last month, Larry became enraged with Amy over a charge on the credit card bill and the fight escalated. He began to strangle her and she lost consciousness. When she awoke, Larry was raping her. The next day, she took the children and fled, and now wants to get a divorce and some financial support. She has also learned since she left that Larry had sexually assaulted her oldest daughter, Collette, two months ago. No police reports have been made.

How can you help Amy?

Page 40: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

Family

SPOTTING LEGAL ISSUES

Should Amy:

Contact the police/File a report?

Get a SANE exam?

Seek a divorce?

Limit possession and access to kids?

Seek a protective order?

Criminal Justice

Safety

Page 41: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

FAMILY: DIVORCE

Family law remedies:

• Temporary Restraining Order – protection for client and children, and marital property

• Temporary Orders for limited access to children• Orders for spousal/child support/medical support• Disproportionate share of community estate

Page 42: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

FAMILY: POSSESSION AND ACCESS

Evidentiary concerns: TRO: Must show that immediate and irreparable injury,

loss or damage will result before notice can be servedTemporary Orders: For visitation that deviates from the

Standard Possession Order, must show that children Sole Managing Conservatorship: evidence of history or

pattern of family violence (includes sexual violence)

Page 43: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

FAMILY: CHILD SUPPORT/MEDICAL SUPPORT

4 kids=35% of net income50% of unreimbursed medical

Evidence: W-2s1099sTax returnsBank statements

Page 44: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

SAFETY: PROTECTIVE ORDERLegal Option:

Seek a protective order for herself and childrenFamily Violence Protective OrderSexual Assault Protective Order

Evidentiary concerns: FVPO: Has family violence occurred and likely to occur in the future?SAPO: Are there reasonable grounds to believe that a sexual assault occurred?

Page 45: Framework of the sexual assault case - taasaconference.orgtaasaconference.org/.../2015/12/Framework-of-the-sexual-assault-case.pdf · Framework of the sexual assault case

CONTACT US!Advocates for Victims of CrimeAVO CEiAmanda N. HillOutreach Coordinator

p 888-343-4414f [email protected]

P.O. Box 41256 Austin, TX 78704www.tlsc.org

A program of

Advocates for Victims of CrimeAVO CEiAmanda N. HillOutreach Coordinator

p 888-343-4414f [email protected]

P.O. Box 41256 Austin, TX 78704www.tlsc.org

A program of

888-343-4414www.tlsc.org