Beyond the Criminal Justice System: Transforming Our Nation’s
Response to Rape: A Practical Guide to Representing Sexual Assault
Victims.
The Victim Rights Law Center’s Attorney Practice Manual, Beyond
the Criminal Justice System: Transforming Our Nation’s Response
to Rape: A Practical Guide to Representing Sexual Assault Victims,
provides a detailed analysis of the legal needs of sexual assault
survivors, applicable state and federal laws, and tips on how to
make existing law work for survivors. While the manual is concentrated
on Massachusetts law, it is an appropriate resource for sexual assault
Advocates nationwide.
If you are not from Massachusetts, and you have questions about
whether it is an appropriate legal resource for you, please call
us at 617-399-6720 or email us at legalhelp@victimrights.org
to find out more.
How to Purchase an Attorney Manual
The Attorney Manual is available in PDF format for download (using
Adobe Acrobat). To download this document, please place your purchase
through our secure credit card transaction
form. Once payment has been made, a link to the PDF will appear
and you can proceed to download.
The manual, approximately 200 pages, contains the following chapters.
Core Practice Dynamics:
What You Need To Know Before You Take Your First Sexual Assault
Case
Privacy Rights for Sexual
Assault Victims
Protective Orders for Sexual
Assault Victims
Victim Compensation for Sexual
Assault Victims
Employment Rights for Sexual
Assault Victims
Education Rights for Sexual
Assault Victims
Housing Rights for Sexual
Assault Victims
Immigration Concerns for Sexual
Assault Victims
Criminal Justice for Sexual
Assault Victims
Third Party Liability for
Sexual Assault Victims
Core Practice Dynamics:
What You Need To Know Before You Take Your First Sexual Assault
Case
The Chapter introduces attorneys and Advocates to the fundamental
legal dynamics of representing sexual assault survivors. It outlines
the basic effects that sexual assault has on victims’ lives
and provides an overview of victims’ underlying legal interests,
including Privacy Interests, Immigration Interests, Physical Safety,
Employment, Education, Housing, Financial Compensation and Criminal
Justice Interests. Additionally, it highlights the primary barriers
that victims face in finding legal remedies and provides basic practice
advice for attorneys representing sexual assault victims.
Privacy Rights
for Sexual Assault Victims
Privacy is a central issue in representing sexual assault victims.
This chapter discusses ways that attorneys can prevent harmful invasions
into a victims’ privacy as well as methods of protecting confidential
records. It provides detailed information about the protections
and privileges afforded to victims.
Protective
Orders for Sexual Assault Victims
This chapter provides an overview of protection orders available
to sexual assault victims, including restraining orders for victims
in domestic or significant dating relationships, civil restraining
orders and injunctive relief, and criminal stay away orders. It
also discusses stay away orders available through schools and through
landlords or public housing authorities. The chapter takes the attorney
through the process required to obtain an order and provides helpful
advice in expanding traditional protection orders to meet the needs
of sexual assault victims.
Victim Compensation
for Sexual Assault Victims
Sexual assault often results in significant financial loss to a
victim. The costs associated with emergency and follow up medical
care, short and long term mental health care, and missed work days
can be enormous. This chapter addresses Massachusetts Victim Compensation
as a source of financial help for victims. It includes information
on obtaining compensation, eligibility requirements, and appealing
denials for compensation.
Employment
Rights for Sexual Assault Victims
This chapter provides information regarding victims’ employment
related needs. It addresses the unique problems that arise when
an assault occurs in the workplace or when the assailant is a co-worker.
Additionally, the chapter discusses the employment remedies that
may be available to all victims, whether or not the assault was
work-related. Attorneys are advised on issues including safety in
the workplace, sexual harassment and retaliation, worker’s
compensation, the unionized workplace and employment protection
for crime victims. Gender discrimination, The Americans with Disabilities
Act, and Family and Medical Leave Act are also discussed.
Education
Rights for Sexual Assault Victims
The chapter introduces attorneys to the special needs of victims
attending colleges and universities. It discusses possible remedies
and services available to victims on campus as well as the various
intersections between campus options and the traditional legal system.
It also provides an overview of schools’ duties, the campus
disciplinary system, and typical problems victims face on campus.
Discussions on Title IX of the Education Amendments to the Civil
Rights Act, The Jeanne Clery Campus Safety Act, and The Family Education
Rights and Privacy Act are included.
Housing
Rights for Sexual Assault Victims
Housing is a major concern for many victims of sexual assault, especially
if the assault happened at home or if the assailant knows where
a victim lives. Several housing remedies exist for victims, including
breaking leases, finding new housing, or improving the security
of their current housing. This chapter gives attorneys information
on how to seek remedies in both public and private housing forums.
Immigration
Concerns for Sexual Assault Victims
This chapter gives a brief overview of the remedies and services
available to victims of sexual assault who are not citizens of the
United States and who may not be legal immigrants. The chapter discusses
the effects that certain legal actions have on a victim’s immigration
status as well as special protections designed for non-citizen victims
of sexual assault, including the new U-Visa.
Criminal
Justice for Sexual Assault Victims
The Chapter provides a description of the criminal justice process.
It gives attorneys useful tips on how to advise victims who are
considering reporting a sexual assault to law enforcement. The chapter
also describes the rights of victims within the criminal justice
system and options for victims whose assailants are eligible for
release from incarceration.
Third
Party Liability for Sexual Assault Victims
This chapter provides an introduction to the possible civil tort
claims a victim may have as a result of a sexual assault. The chapter
focuses on third party liability and includes claims based on alcohol
and social host liability, parental liability for the acts of minors,
negligent security, landlord and tenant issues, employer liability,
and claims against colleges and universities. While the chapter
is not meant to assist attorneys in preparing and bringing these
claims, it does provide necessary information that attorneys need
to advise victims in legal decision making.
|
