role of an advocate and community partners
TRANSCRIPT
Role of an Advocate and Community PartnersGerardo Bobadilla
Kern SART
Center
SHERIFF’S DEPT.
BAKERSFIELD POLICE DEPT.
SURVIVOR
ATTORNEY
ALLIANCE
VICTIM
SERVICES
DISTRICT
JAILS/PRISONSCRIME LAB
What is Advocacy?
What is an Advocate?
Why would I need an Advocate?
Role of Team
Survivors
Sexual Assault Forensic Examiners (SAFE)
Law Enforcement
Crime Lab
Victim Advocate
District Attorney
Victim Services
Health Department
Law Enforcement
Victim
Sexual assault is one of the most traumatic types of criminal victimization. Whereas most crime victims find it difficult to discuss their victimization, sexual assault victims find it especially painful. One obvious reason for this is the difficulty that many people have in talking about sex. A more important reason, however, is that many victims of sexual assault are intensely traumatized not only by the humiliation of their physical violation but by the fear of being severely injured or killed.
Client’s Rights
Fairness and Respect
Reasonable Protection from the Defendant
Victim Safety Considerations in Setting Bail and Release Conditions
Privacy and Confidentiality
To have an Advocate with them
To have questions reframed in a way they understand
To talk privately with any SART member
To refuse to take part of any portion of the process
Goal
The three primary responsibilities of law enforcement in sexual assault cases are to:
(1) protect, interview, and support the victim;
(2) investigate the crime and apprehend the perpetrator; and
(3) collect and preserve evidence of the assault that will assist in the prosecution of the assailant.
SART
The Sexual Assault Response Team (SART) is a multi-disciplinary team developed to improve services to victims of sexual assault. The team is comprised of advocates from the local victim service center, law enforcement officers, and specially trained health care professionals.
Role of Victim
In the investigation and prosecution of most sexual assault cases, the role of the victim is much more important than in other crimes since the victim is usually the sole witness to the crime.
Interview
Interview Process:
A. That medical priorities, victim needs, and safety considerations take precedence over the forensic interview and forensic examination
B. That all efforts have been made to have all team members are present for the interview
C. That whenever possible, the victim should be given the opportunity to speak with a victim advocate prior to the start of the interview, to explain:
1. The victim’s rights regarding the interview and examination
2. The process and structure of the interview and the examination
3. The process of any audio/video taping that will occur
Payment
Payment of Services:
A. Procedure to ensure that victims will not be charged for forensic examinations either directly or through insurance billing
B. Procedure for covering costs of injuries or medical needs other than those of the forensic examination.
Violent Crimes Compensation:
A. That law enforcement is to provide notice of Violent Crimes Compensation
B. That the advocate can provide assistance in completing forms, and provide contact numbers and referrals for additional information
Confidentiality
A. That forensic examination records will be maintained in a separate and secure location
B. A procedure for processing subpoenas, search warrants, and court orders
C. Disclosure of the information that is required by law
NOTE: Advocates are generally excluded from disclosing information
Reaching Out As a Case Manager
During Follow-Up
Reaching Out As an Advocate
During the Court
Proceedings
Contact
Alliance (661)322-0931
Hotline (661)327-1091
LGTBQ (661)332-2896
Bakersfield Police Department (661) 327-7111
Kern County Sheriffs (661) 391-7500
Victim Services (661)868-2400
Bakersfield Health Department (661) 321-3000