What are CRIME VICTIM RIGHTS? What does the CRIMINAL PROCESS look like? What LEGAL REMEDIES exist? Michelle Dixon-Wall Specialized Services Coordinator September 19, 2011 SafePlace Legal Advocacy and Criminal Legal Systems

Legal Systems Criminal Legal System  Objective is punitive; to punish the wrong-doer  Legal action is initiated by the state  Standard of proof is “beyond a reasonable doubt” Civil Legal System  Objective is to make an injured party whole  Legal action initiated by the victim  Standard of proof is “preponderance of evidence” = more likely than not

Criminal Justice Process Initial2 weeks3 months6 months9 months12 months Reporting Interview w/ Victim and Police /Prosecutor Arrest of suspect Charges filed / Not Arraignment Defense Interviews Case setting Hearing / Omnibus ……………..Trial…………… Sentencing

Domestic Violence and some differences Mandatory arrest: law in Washington State Washington vs. Perpetrator: Victim cannot press or drop charges Arraignment distinctions: next business day Domestic Violence treatment: ordered to perpetrator in DV cases No-Contact Orders: issued by the state, not at request of victim

DV and SA criminal process ‘helpfuls’ Victim Advocates: Not like a SafePlace advocate. This person works for the prosecution. SAVIN: Notification of service of protection orders and incarceration changes.

Victim Rights Survivors who are involved in the criminal justice system are considered victims of crime. Victims have a right to be heard whenever the defendant is being considered for release. A victim can make a report to law enforcement at any time. In many settings, the survivor has a right to a support person. It does not have to be a “professional” advocate. Victim privacy is covered in a range of laws.

Victim’s Rights A victim has the right to an interpreter in their primary language. This includes a victim who is Deaf or hard of hearing. A victim with limited English proficiency may be entitled to free language assistance. It is against the law for police, hospitals, sexual assault programs and other agencies to discriminate because of a limited ability to speak, read, write or understand English. Immigration status is not legally relevant as a victim of a crime. A person with a disability is entitled to “reasonable accommodations”.

Points of Advocacy: Activity Divide into six teams to identify points of advocacy in each stage of the criminal process. Use the crime victim’s rights listed to help facilitate more supportive interactions with these systems. Try to identify at least 2 points of advocacy and discuss how you might approach them through role play. For example: o You could remind the survivor to ask for the officer’s card or you could ask the officer yourself for the card for the survivor. o You could ask for a break during an interview so that you can review rights with the survivor in private or offer an opportunity for the survivor to collect their thoughts.

It’s all in the name… Advocacy Model Language Survivor A person who experiences a pattern of power & control by another Abuser/Batterer A person who establishes a pattern of power & control over another Criminal Legal System Language Victim A person against whom a crime has been committed Perpetrator A person who has been charged with/convicted of committing a crime of assault The advocacy model understands that people who abuse their partners may: Establish a pattern of control that occurs constantly Control/exploit their partner over time Use a number of tactics– some of which are illegal, most of which are legal Rely on systems of oppression and social inequalities to maintain their control over their partner Meanwhile the criminal legal system: Is designed to address specific incidents and determine if they are legal or illegal Evaluates “moments in time,” not patterns of abusive control Ignores bias and posits everyone as agents under the law– regardless of institutional inequalities from Connie Burke, NW Network, 2004

Tactics: Abuse or Survival? Take a few minutes in groups or 2-3 and review the scenario(s) given. Discuss how in each scenario someone might: 1) Use the tactic as an abuser 2) Use the tactic as a survivor 3) Role play with your group or discuss points of advocacy with the survivor in both scenarios. *Survivor’s are often not aware of the mandatory arrest law and this information can be pivotal in their decision making.

Roles SafePlace Advocate: Survivor safety and autonomy. Law enforcement officer: Get the bad guy. Prosecutor: Get the bad guy. Create a record of non-losing cases. Victim Advocate prosecutor: Keep victim informed, assist the prosecutor. Judge: Impartial interpretation of the law. Defense attorney: Get the bad guy off. See why you, as SafePlace advocate, is so important?

Resources Battered Women’s Justice Project Northwest Immigrant Right’s Project (NWIRP) Washington State Coalition Against Domestic Violence (WSCADV) Washington Coalition of Sexual Assault Programs (WCSAP) Sexual Violence Law Center Local Services Thurston County Family Safety Team (FST) SafePlace Sexual Assault Response Team (SARP)

In summary, We hope to help participants navigate legal systems that have different goals than us. While recognizing professional differences and honoring each systemic role, we work for the survivor that is in front of us now. We do not advance our agenda through the prosecution, conviction, incarceration or deportation of perpetrators—we advance through the voice, choice and empowerment of survivors.