Section Ten Victim Assistance

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Presentation transcript:

Section Ten Victim Assistance Introductory Exercise: Agree, Disagree, Not Sure Ask participants to stand. Make the statements below and direct them to move to the right side of the room if they agree, the left side of the room if they disagree, and the middle if they are not sure. Once the participants have placed themselves, ask them why they chose that answer. Facilitate a discussion based on their answers. Statement #1: If they are telling the truth, victims will appear upset, fearful, or angry. Statement #2: Members of minority populations tend to be more comfortable reporting sexual assaults to law enforcement. Statement #3: Men who sexually assault other men are homosexual. Facilitator: The goal of the exercise is to ask participants to challenge their preconceptions about sexual assault. Encourage the participants to challenge each other in a constructive ways. Ask participants why they chose agree, disagree or not sure. Remind them that as the lesson progresses, many of the stereotypes surrounding rape will be challenged.

Immediate Response There is no standard response of sexual assault victims!!! Just as with any other trauma, the victim of sexual assault may respond in many ways It is not uncommon for the victim’s response range from having no emotional affect to moving from one emotional extreme to another Victim’s are often confused and intimidated by the situation

Long-term Response Self-blame Anxiety Fear Depression Weight loss or gain Sleep disturbance Feelings of worthlessness Diminished interest Inability to concentrate Suicidal thoughts Sexual dysfunction

RTS/PTSD One-third to one-half of victims meet the requirements of post-traumatic stress disorder (PTSD) at some point PTSD occurs after exposure to a traumatic event Rape trauma syndrome is a form of PTSD experienced by victims of attempted or completed sexual assault Victim may experience flashbacks or intrusive memories Victim may avoid things that remind them of the traumatic event or block out memories Victim may experience triggers when exposed to similar events, exaggerated startle response, and extreme emotions such as fear and anxiety TIPS: Note: It is vital that law enforcement officers offer whatever services are available to victims. Counseling can be incredibly helpful in overcoming a sexual assault

Friends and Family Those close to the victim often suffer from secondary trauma Many suffer similar initial and long-term symptoms Friends and family may react in a variety of ways including becoming overprotective of the victim or rejecting and blaming the victim Blaming the victim is often a form of self-protection wherein they believe a similar experience will not happen to them because they would not engage in the same behaviors the victim did It is often difficult for victims to deal with the reactions of friends and family especially when those reactions are extreme TIPS: Note: If it becomes obvious that friends and family are becoming a hindrance to the investigation, they can be excluded from interviews and exams, However, if it is clear that the victim needs their support and will benefit from their presence, it can make the experience less traumatic.

Victim Advocacy Provide victim information and support Help victim learn to advocate for themselves Provide the victim absolute support and belief in the victims story Advocates do not investigate or pass judgment on a situation Advocates are not counselors

Tennessee Constitutional Amendment: Victim’s Rights To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights: 1. The right to confer with the prosecution. 2. The right to be free from intimidation, harassment and abuse throughout the criminal justice system. 3. The right to be present at all proceedings where the defendant has the right to be present. 4. The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly. 5. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. 6. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. 7. The right to restitution from the offender. 8. The right to be informed of each of the rights established for victims.

The Victim's Bill of Rights T.C.A. 40-38-101 Rights of Victim and Prosecution Witnesses Dignified and compassionate treatment. Protection from intimidation/retaliation by the defendant and/or defendant's family. Separation from defendant and family at court (when possible). Victims shall upon request have a right to information about: Court processes Continuances Plea Negotiations Court times, dates, locations Victim's role in each stage Service agency referral Victims Compensation Voicing an opinion on a defendant's Sentence or plea Recovery of property as soon as legally permissible Restitution (information about how to obtain restitution directly from defendant) Priority to victims of violent crime (due to legal requirements and limited resources)

Diverse Populations EXERCISE: Write the following groups on separate pieces of paper and tape them on tables/desks around the room: African-American women White women Native American women Differently Abled women Lesbians Prostitutes Jewish women Latinas Elderly women Immigrant women Homeless women Asian women Muslim women Ask the students to walk around and write their perceptions of these women and popular stereotypes about these women. Ask a different student to read each list. As the lists are read, discuss why the stereotypes exist. How could the stereotypes affect their jobs or their treatment of these women? How could these stereotypes affect the women reporting a sexual assault?

Diverse Populations Anyone can be a victim of sexual assault A victim’s perception of the assault and the aftermath often depends on life experiences Victim’s who are members of minority groups or who do not fit our traditional view of a “victim” often find it difficult to seek services and may have concerns about the system response It is important to provide equal treatment to all victims TIPS: Note: The groups listed below are not, by any means, a complete listing of minority or special populations.

African-American Women African-American women are more likely to be assaulted than other racial and ethnic groups They may fear validating negative societal images of Black men or turning Black perpetrators over to an overcrowded legal system. African American women also fear being labeled traitors to their race for raising awareness about Black-on-Black rape. These factors should be considered when conducting interviews

Women with Disabilities Women with disabilities are at a much higher risk of sexual assault than the general population Women with developmental disabilities may not have the ability to consent or may be coerced into sexual acts Women with physical disabilities, especially those dependent on the offender for care, are often concerned about reporting due to fear of not having the assistance and support they need All persons with disabilities must receive service without any barriers

Male Sexual Assault Male victims will respond to an assault in similar ways to female victims Male victims are less likely than female victims to report Male victims may experience an erection or ejaculation during the assault and therefore often feel extreme shame and confusion. This is physiological response, that cannot be controlled Many male survivors feel emasculated Although it is rare, men can also be raped by women Most offenders are male but the victim’s gender is not an indication of the offenders sexual orientation

LGBT LGBT victims may be reluctant to report due to fear of discrimination LGBT victims who are not “out” may fear disclosure of their sexual orientation to friends, family, and others. Assuring them of confidentiality is vital. Adolescents struggling with their sexual identity are particularly concerned about public knowledge of the assault and the response of friends and family Some sexual assaults of LGBT victims are hate crimes

Elder Abuse Older victims of sexual assault are more likely to receive physical injuries and therefore should be more thoroughly evaluated for injuries than a younger victim Trauma may exacerbate preexisting medical conditions Older victims may have heightened feelings of helplessness due to diminished physical abilities

Child Sexual Abuse Sexual abuse most commonly occurs within the family When questioning a child, if a family member is present ensure that they are supportive of the child and did not know or participate in the abuse As with adult victims, there is no accepted response Providing support for the child in the immediate aftermath of the discovery of abuse is absolutely vital to the child’s recovery Contact Child Protective Services immediately and provide the child’s caretaker with information on services available

Rural Populations Victim’s in rural areas may find it harder to gain access to services due to distance and transportation concerns In smaller communities, victim’s may know law enforcement officers and therefore be hesitant to disclose and fear that the assault will become known throughout the community Assure the victims of confidentiality and make arrangements for transportation to needed services

Immigrant Women There may be cultural barriers that prevent immigrant women from reporting sexual assault Immigrant women may be members of a small immigrant community and fear being stigmatized if the assault becomes known to the community Women who do not speak English should have an interpreter provided, but the interpreter may be a member of the victim’s community so confidentiality is of great importance Some victims may be refugees from war-torn countries and may already be suffering from trauma Video—No! Confronting Sexual Assault in Our Community TIPS: Note: While this film deals with issues that are specific to the African-American community, these themes are common throughout many minority communities. Survivor Panel