COMMON NEEDS AND CONCERNS OF SEXUAL ASSAULT VICTIMS AS IDENTIFIED BY POST CONVICTION SEXUAL ASSAULT VICTIM ADVOCATES Special Committee on Sex Offenders, Community and Victim Needs Subcommittee February 23,

❖ The Alliance mission is to end sexual violence and ensure high quality, comprehensive, and culturally competent sexual assault victim services. ❖ The Alliance works to end sexual violence through victim assistance, prevention education and training, and public policy advocacy. Victim Assistance ❖ Crisis Counseling and advocacy services through 9 member programs. 24/7 English and Spanish Hotlines, crisis counseling, support groups, hospital, police and court accompaniment ❖ State contract with Judicial Branch to provide post conviction victim advocates for all of Sex Offender Supervision Units (SOSU) and Special Management Units (SMU) to represent survivors and their interests 2

❖ Since 2007 Connecticut has had specialized SO probation and parole units that represent a unique collaboration between treatment providers, (CTPSB) and CSSD probation officers and DOC parole officers. ❖ First unit: 1996 in New London ❖ National model recognized by ATSA and NAESV for prioritizing victim and community safety Post Conviction Victim Advocates: History 3

∗ Advocates are present in each SOSU and each SMU ∗ Short term: Provide notification of offender release, safety planning, short term crisis counseling, referrals for services, relay questions and concerns to the other unit members with victim permission ∗ Long term: Serve as victim’s voices in decisions made by the unit, speak for the victim in the case, but also for victims in general. Focus on community safety. Post Conviction Victim Advocates: Role 4

❖ Probation/Parole officers role is to focus on community safety as well as the offender’s needs. Victim advocate's role is to focus on the needs of victims. ❖ Victim Advocates trained on victim dynamics, impacts of trauma, and supportive response ❖ Victims may have had interactions with the criminal justice system and can be wary of probation/parole. ❖ Inadequate response to victims can cause further trauma. ❖ Victim advocates provide a unique perspective to the treatment and supervision of offenders. Why are these specialized post conviction advocates important? 5

∗ Gather Pre-Sentence Investigation Victim Impact Statements ∗ Assist victims in filing for restitution or completing victim assistance applications ∗ Provide information and guidance on civil matters ∗ Help to organize and participate in the reunification process, as well as family meetings ∗ Provide information to offender family members and individuals close to them on the supervision process, as well as referrals for services when needed Post Conviction Victim Advocates: Role Continued 6

∗ A voice in the process where they had historically been absent ∗ Can address safety concerns immediately with supervising officers ∗ The majority of victims know the offender and there may be complicated family dynamics at play that have re-emerged due to the offender's release ∗ There is a dedicated person to keep them informed on the process, changes of status, transfer of supervision, etc. How do they benefit victims? 7

183 new cases during September - December 2015 Victims were under the age of 16 in 79% of cases: ∗ 34% victims under the age of 12, the youngest being 2 Average age of victim: 8. Average age of offender: 33 ∗ 45% victims were between the age of Offenders ranging in age from 16-75, average age: 32 8 Snapshot of cases 9/1/ /31/2015

∗ Of those 183 cases, 68 had convictions that differed from the original charges. Cases had been plead or subbed down resulting in lesser charges, and shorter sentences ∗ Some pleas lead to the granting of Youthful Offender Status or Accelerated Rehabilitation ∗ The underlying offending behavior had not changed, and the impact on the victim was still the same but convictions did not often match a victims lived experience 9 Snapshot of cases 9/1/15-12/31/15 continued

∗ Offender was 42 yr. old male, family friend, living in the home of the victim. Offended against 15 yr. old female victim, causing her to become pregnant, and for the offense to ultimately be reported. ∗ Offender had previously been physically violent with the victim’s mother in front of the victim, and made specific threats to the victim about keeping the offense a secret ∗ Offender was charged with Sexual Assault 2nd Degree and Risk of Injury to a Minor/Illegal Sexual Contact. Offender pled down to Risk of Injury to a Minor/Illegal Sexual Contact and was sentenced to 10 years suspended after 18 months served, with 10 years probation and required to register. Victim Impact: Plea Bargains/RREC 10

∗ While incarcerated offender expressed interest in contact with his biological child that had resulted from the offense ∗ A standing criminal protective order was in place, but the victim still feared him a great deal, and was not comfortable with him having contact with the child that resulted from her rape ∗ Offender ultimately violated his probation after 12 months. Violations including ongoing alcohol use, violation of curfew and GPS, and non compliance with treatment, all of which increase his risk of re-offending. He was sentenced on the violation to 40 months straight time with no supervision upon release. ∗ Due to RREC he will likely be released 4 months early. The victim is concerned about his lack of community supervision, as she has real safety concerns, and is scrambling to terminate the offender’s parental rights before his release. Victim Impact: Plea Bargains/RREC continued 11

Case Example: ❖ VA received referral for a Pre-sentence Investigation (PSI) victim impact statement. ❖ 17 yr. old Offender charged with sexually assaulting 14 yr. old victim. Charged with sexual assault 2nd degree and risk of injury. Plead to a risk of injury. Offender received an execution suspended sentence and no jail time. He also received youthful offender (YO) status. ❖ Victim identified she had been deeply impacted by the offense in many ways, leading to self harming behavior and a 3 month stay in a psychiatric facility. The victim and her family felt the offender should have gotten at least three months jail, the same amount of time that the victim spent in the psychiatric ward due to trauma of the offense. She was also deeply unhappy about the YO, since his record will be clean if he successfully completes probation Victim Impact: Plea Bargains 12

∗ Offender had been a consensual sexual partner of the adult female victim. When helping the offender move she found various video tapes with her initials on them. Upon viewing she found he had been recording their consensual sexual encounters without her knowledge. Also found tapes of other women whom he had done the same thing to, in addition to videos shot up women's skirts, of their cleavage as he walked around public areas, etc. Her main concern was if these videos had been placed on the internet or some file sharing program ∗ The videos of the other women were past the statute of limitations, so despite their willingness to participate he could not be charged in those cases. Victim Impact: Accelerated Rehabilitation (AR) 13

∗ Offender was granted Accelerated Rehabilitation (AR), not made to register, allowed to live out of state while supervised by CT, only had to report to PO and Tx once a week, and after his 2 yr. probation was completed, will have no record ∗ The victim described the betrayal of the system as the most traumatizing aspect of the process. She felt it validated the offenders bad behavior, encouraged him to continue since there were no real consequences, and made her a victim all over again Victim Impact: AR Continued 14

Victims come to us with a variety of concerns and needs after having been through the reporting and court process. Some of those are safety related. Others are system focused. Others still are about basic needs and access to services: ∗ Concerns include: ∗ Length of the court process ∗ Didn’t feel their constitutional rights to be notified of court proceedings was upheld ∗ Left out of weighing in on plea bargains/ unsatisfied with plea deal results ∗ Confusion around why the offender is being released earlier than their sentence would seem to indicate, and upset that no one explained Risk Reduction Earned Credit (RREC) ∗ Safety concerns that were not addressed during sentencing, or new safety concerns now that the offender is returning to the community ∗ Triggered as a result of the offender's release and looking for support services ∗ Loss of family support as a result of the offender's release (may be residing with shared family members) ∗ Need safety plans to feel at ease. May request protective or restraining order ∗ May request offenders be placed on GPS or electronic monitoring due to past threats of retaliation Victim Concerns and Needs 15

Caitlin O’Brien, Director of Victim Advocacy Tracy Miller, Director of Victim Advocacy 16 For More Information