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Legal

For a survivor of sexual assault, the legal system can be frightening, frustrating and confusing.  Dealing with law enforcement, attorneys and judicial officials involve systems and settings that can be intimidating.  Investigators can make a victim feel anxious, uncertain and incredulous.  Meetings with prosecutors can be extremely stressful, and court appearances can be overwhelming.  The required time and effort it takes for a case to go through the criminal justice system can make a survivor reluctant to pursue the case.  The Legal Advocate provides objective, knowledgeable and supportive intervention on behalf of the survivor, making sure that s/he has the necessary information about the criminal justice system and civil legal systems to make critical decisions.  The Legal Advocate also provides individual advocacy to the survivor to help ensure that his/her rights are upheld in systems and institutions.

The Legal Advocate’s Basic Responsibilities to the Survivor are:

1.      To serve as a liaison between the survivor and the legal system(s).

The advocate acts as facilitator between the survivor and all criminal justice agencies including Police, Sheriff’s departments, District Attorney’s offices, the Courts, Probation, Parole and Corrections.  The advocate works to ensure necessary agency communication with the survivor and to ensure that s/he is treated with sensitivity and respect throughout her/his dealings with criminal justice personnel.

Similarly the advocate acts as a support person to a survivor in family court when the survivor is pursing or responding to family law matters such as a custody order or protection order.

2.  To facilitate the survivor’s decision-making.

The trauma of sexual assault may be compounded by the numerous decisions a survivor is required to make immediately following the attack; a time when she may be in crisis.  The advocate’s role is: to assist in identifying those decisions that need to be made; to provide her/him with necessary information in order for her/him to make informed decisions; and to help the survivor consider her/his options. Once decisions are made, the advocate is responsible for supporting the survivor in the implementation of those decisions.  Advocates should not make decisions for the survivor.

3.  To inform the survivor of her rights

The rights of a sexual assault survivor should be reviewed verbally.  The Legal Advocate should consider that not all survivors read or speak English.  Information about her/his rights should be made available to the survivor in the language with which s/he is most comfortable. The advocate should answer any questions, and to the extent possible, ensure that survivor understands the information.

4.  To prepare the survivor for the legal system (criminal justice or family court) experience by providing her/him with necessary and relevant information.

One way to help survivors regain control in their lives is to make them aware in advance of what to expect.  The advocate should be familiar with police and court procedures, and be able to prepare the survivor for the possibilities ahead of time. The advocate should help her/him sort out her/his thoughts on the many difficult decisions that need to be made.  The advocate should also prepare the survivor for all possible outcomes during court proceedings. For example in the criminal justice system, the advocate needs to prepare the survivor for a “not guilty” finding. Similar in family court, the advocate should prepare the survivor for not getting whatever s/he is asking the court to grant her, e.g. protection order, custody order, etc.

The survivor may have many questions, and an effective advocate should be willing to get the answers to those questions.  The advocate should become familiar with the people in the criminal justice system and family court who can provide information.   An effective advocate will not withhold information that may be emotionally difficult for the survivor to hear.  If the survivor finds that the advocate has not been completely honest, credibility and trust will diminish.

5.  To accompany the survivor as she moves through the criminal justice system and at family court proceedings.

The Legal Advocate may offer comfort, companionship and reassurance to the survivor during the police interview, court procedures, hearings and a trial. The advocate should take her/his cue from the survivor about the nature of accompaniment.  Some survivors may want to talk; others may choose to be silent. In some instances, the survivor may want to be left alone.  In this case, the survivor should know that the Legal Advocate is available if needed.

6.  To inform the survivor of other services available to her in addition to legal advocacy.

The advocate should be aware of the survivor’s diverse and multiple needs and link her with other services provided by the organization and/or community at large. The advocate should pay particular attention to the need for a safety plan, shelter, medical services and follow-up, as well as counseling.  When community referrals are needed, the advocate should have a local resource guide or provide information about appropriate resources.

7.  To document services provided according to program requirements.

Record-keeping, documentation and maintaining program statistics are important functions Legal Advocates need to complete with respect to the services they provide.

8.  To reach out for assistance and support when necessary.

As they carry out the role of providing assistance to others, advocates typically need to seek support themselves.  It is important to share experiences, reflect on insights and problem-solve with others on a regular basis. Being clear and supportive with others requires being receptive to assistance for oneself.

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Reviewed: February 3rd, 2012