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Wisconsin Coalition Against Sexual Assault Legal Advocacy Manual

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Wisconsin Coalition Against Sexual Assault Legal Advocacy Manual Wisconsin Coalition Against Sexual Assault Legal Advocacy Manual This booklet was made possible by the Office on Violence Against Women State Coalitions Grants Program FY 2012, GMS #2012-SW-AX-0029. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the Violence Against Women Office. The information contained in this manual is current only up to its date of publication. To verify the accuracy of the information, please call WCASA at (608) 257-1516. 2013 TABLE OF CONTENTS Acknowledgements Part I. Introduction Chapter 1 Sexual violence and the law: a historical perspective Chapter 2 Introduction to the legal system Part II. The Criminal Justice System in Wisconsin Chapter 3 Sexual assault laws Chapter 4 Medical advocacy Chapter 5 Reporting Chapter 6 Child forensic interviewing Chapter 7 Arresting and charging the perpetrator Chapter 8 Court procedures Chapter 9 Trial Chapter 10 Sentencing Chapter 11 Appeal in criminal matters Chapter 12 Juvenile justice system Chapter 13 Crime victims’ rights Chapter 14 Department of Corrections Part III. The Civil Justice System in Wisconsin Materials Coming Soon Part IV. Additional Legal Issues Materials Coming Soon WCASA Legal Advocacy Manual Acknowledgements This manual represents the hard work of many people. The first legal advocacy manual published by the Wisconsin Coalition Against Sexual Assault, Inc. (WCASA) was written by Tess Meuer and Machaela Hoctor with the assistance of the Social Action Committee for the Wisconsin Coalition Against Sexual Assault. It was published in December 1994. A second version of the Legal Manual was released in 2003, and was co-authored by Jennifer Senick- Celmer and Eva Shiffrin. This version of the Legal Manual is built on the foundation of the 2003 version, and would not have been possible without the hard work and dedication of the authors and countless individuals who made the manual possible. The 2013 Legal Manual was revised and updated by Ian Henderson, Director of Legal and Systems Services at the Wisconsin Coalition Against Sexual Assault. The work of several summer legal interns was instrumental in the release of the updated manual, in particular Roxanne Rewolinski, Rachel Miller, and Camille Crary all contributed long hours writing and updating this manual. The staff at WCASA also provided ongoing support and assistance. Kathleen Brandenburg, the WCASA Office Manager, handled Legal Manual details with aplomb. WCASA Legal Advocacy Manual Preface - i PART I INTRODUCTION This resource was written with community-based sexual assault advocates in mind as the primary audience. These agencies are referred to as sexual assault service providers (SASPs) by WCASA. However, this manual could also be a valuable resource to any individual or agency with an interest in improving legal responses to sexual assault in Wisconsin. It’s important to note that no portion of this manual constitutes legal advice. Only an attorney can provide legal advice. This manual contains legal information only. It is designed to give advocates general information needed in the course of providing services to victims. Advocates who wish to adopt policies and procedures in this manual should check with the relevant decision-makers in their agencies, such as the executive director or the board of directors. The information in this manual is current only as to its date of publication. WCASA will work to keep advocates updated and send out new information as soon as possible, but this may not always occur before the law changes. Advocates should consider contacting WCASA periodically to verify the status of the law. The book concludes with a glossary of terms. Each term in the glossary is bolded the first time it appears. A glossary of legislative terms is included in Chapter 25, “The Legislative Process.” What is legal advocacy? Sexual assault advocacy is about assisting and supporting victims and working within a community to effect change that will benefit victims. This could involve personal and individual support such as a crisis line, support groups, and/or individual sessions. It could also include education and outreach to schools, other community professionals, the public, and more. Legal advocacy frequently involves the same types of advocacy described above, but it usually occurs where the victim must interact or interface with the criminal and/or civil legal systems. Legal advocacy can also involve working to effect change on the policy or legislative level. Legal advocacy could, therefore involve but is not limited to doing the following: . Answer a victim’s questions about how law enforcement investigates sexual assaults in a community. Inform a victim what may occur during a law enforcement interview. Work with law enforcement by providing trainings on victim-sensitive interviewing techniques. Help a victim prepare emotionally for testifying at trial. WCASA Legal Advocacy Manual Introduction-i . Provide a victim with information about legal issues that may arise at trial (such as the rape shield law) and about court procedures in general. Furnish information about statues of limitation. Provide referrals to attorneys when necessary. Work with victim/witness specialists to improve sensitivity to victims. For example, establish waiting areas in courthouses or streamline victim notification processes. Answer questions about probation and parole when a victim is afraid that an offender will be released back into the victim’s community. Work with a victim as s/he decides whether to pursue a civil suit. Work with probation and parole agents to establish supervision requirements specific to sexual assault. Provide information about the divorce and custody process to victims. Give information to guardian ad litems in child sexual abuse cases to debunk myths that children fabricate sexual assault allegations at the encouragement of a custodial parent, often utilizing a theory called parental alienation syndrome. Serve on a sexual assault coordinated community response team (CCR) to highlight barriers to justice in the legal system for sexual assault victims. Assist a victim with a restraining order. Individual and System advocacy Legal advocacy can be individual in nature, institutional in nature, or both. Individual advocacy involves working with a particular victim to help her/him resolve issues specific to that victim. Courtroom or medical accompaniment would be examples of individual advocacy. Institutional advocacy involves intervening in a specific system to improve that system and thereby effect change for all sexual assault victims. Developing a policy of accompaniment for victims of sexual assault by advocates during an investigation by law enforcement would be an example of institutional advocacy. Role of the advocate Some advocacy tips deserve mention at the outset of the manual. These tips apply to advocacy in general. As mentioned before, the role of the advocate (in any situation) includes the following; provide information that can enable survivors to make informed choices, ensure that the interests and needs of survivors are presented and WCASA Legal Advocacy Manual Introduction-ii met to the best of the ability of available agencies and resources, and be supportive throughout any processes survivors encounter, regardless of the choices they make. General tasks and duties of the advocate . Believe the victim and her/his account of the assault, unconditionally. Empathize with victims and support them, to the extent they request, without judgment. Act as a buffer, not a barrier, to other systems. Advocate for the privacy of victims and the confidentiality of communications between the advocate and the victim. Support all decisions made by the victim, regardless of whether the advocate agrees with the decision. Provide information on the various systems (medical and legal) and the services that they provide. This information is not limited to criminal justice systems but also includes civil justice systems, including family court. Remember that information is empowerment. Even if the advocate can’t “fix” something, enabling the victim to make informed choices can be empowering and liberating. Use whatever language the victim uses. If the victim is not ready to call the assault rape, respect this and use her/his language. The provision of these services helps ensure the following: . The victim knows what to expect and is therefore minimally re-traumatized. Victims understand the options available so that they can exercise those options . Victims’ rights are not violated. A legal advocate may have more information about the continuum of services available to a victim than individuals working in one specific system. The ultimate intent of legal advocacy is to empower the victim within the relevant legal system so that her/his concerns, safety, etc. are considered when decisions are made. A victim’s experience within the legal system can impact her/his overall response to the sexual assault. The more empowered a victim feels within and by the criminal justice system, the more empowered s/he may feel in other aspects of her/his life. WCASA Legal Advocacy Manual Introduction-iii Victim Response Victims react to sexual assault based on a variety of factors including, but not limited to: prior victimization, support or lack of support, existing coping mechanisms, spousal/partner response, personality, and life experiences. This means that there are an infinite variety of responses that victims
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