Sexual Assault in Maryland: The Maryland Coalition Against Sexual Assault & The Sexual Assault Legal Institute
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1 Sexual Assault in Maryland: The Maryland Coalition Against Sexual Assault & The Sexual Assault Legal Institute Meaghan M. O Neill, Esq. Sexual Assault Legal Institute (SALI) Maryland Coalition Against Sexual Assault (MCASA)
2 Today Who Are We? MCASA SALI Civil Legal Issues Faced by Survivors Questions?
3 Who are we? MCASA Our vision is Maryland will be a state free of sexual violence. Our mission is to help prevent sexual assault, advocate for accessible, compassionate care for survivors of sexual violence, and work to hold offenders accountable. Originally formed by the 13 rape crisis and recovery centers that existed at that time, the MCASA Board of Directors was made up of representatives from each local program and an elected president. Today, there are 17 rape crisis and recovery centers that serve all of Maryland s jurisdictions statewide, and the Board has been diversified to include representatives from a variety of disciplines and jurisdictions. SALI Direct legal services including representation, advice and referrals for adult and child victim/survivors of sexual assault Training and technical assistance for professionals
4 A Word About Language Telling you things you already know: Men are victims We use women because women report more often and are the majority of SALI s cases We will use victim and survivor interchangeably; we prefer the term survivor, but victim is used in the statutes
5 Civil Legal Issues
6 Hypothetical: Lydia & Rigo Lydia, native of El Salvador, & Rigo were in an intimate relationship for several years Rigo was physically and sexually abusive toward Lydia, especially during her pregnancy Lydia endured the abuse in fear of retaliation and deportation, until Rigo molested their 8-month-old baby girl
7 What legal issues might Lydia be concerned about? (stemming from her boyfriend s abuse?)
8 Civil Legal Needs for Sexual Assault Survivors #1 Priority Safety
9 Civil Legal Needs for Sexual Assault Survivors: Safety Protective and Peace Orders: How Do They Work?
10 Civil Legal Needs for Sexual Assault Survivors: Safety Protective Orders Grounds for relief Serious bodily harm or fear of imminent serious bodily harm, assault, rape/sexual offense, false imprisonment, stalking, abuse of a child, abuse of a vulnerable adult Peace Orders Grounds for relief All of those offenses PLUS harassment, trespass, and malicious destruction of property if within the past 30 days Court must find that Respondent is likely to commit a listed offense in the future
11 Civil Legal Needs for Sexual Assault Survivors: Safety Protective Orders Types of Relief Stay away order No contact order Order to vacate Temporary custody and visitation Emergency Family Maintenance Counseling Use and possession of home, car, pets Removal of firearms Peace Orders Types of Relief Stay away order No contact order Counseling
12 Civil Legal Needs for Sexual Assault Survivors: Safety Court Process Commissioner or Judge available at ALL times Temporary Order, low burden: 7 days Final Protective Order, high burden: 1 year Final Peace Order, high burden: 6 months
13 Civil Legal Needs for Sexual Assault Survivors: Safety Protective Orders Duration of relief Order can be in effect for up to 1 year Order can be renewed for an additional 6 months If there is subsequent abuse while a protective order is in place, petitioner may be eligible for 2-year extension Peace Orders Duration of relief Order can be in effect for up to 6 months Order can be renewed for an additional 6 months
14 Hypothetical: Lydia & Rigo What is Lydia Eligible For? Protective Order for Lydia for 1 yr Protective Order on behalf of daughter for 1 yr What Relief Can Lydia Request? Stay Away No Contact Vacate Temporary Custody EFM Counseling Use & Possession of the Home
15 Civil Legal Needs for Sexual Assault Survivors: Safety Benefits Of Peace/Protective Ordersrders Victim/survivor has a legal remedy if the perpetrator violates the order; typically includes criminal charges May prevent escalation of the violence May offer survivors a feeling of empowerment PO can provide the reasonable warning or request to stop required by criminal harassment law Gives victims/survivors time to seek other legal remedies and support In domestic cases, may provide relief necessary to temporarily stabilize the home (custody, financial support)
16 Civil Legal Needs for Sexual Assault Survivors: Safety Risks of Peace/Protective Orders It is only a piece of paper Requires the victim to testify under oath, setting facts in stone May allow defense counsel to interrogate a victim sooner than he or she could otherwise Generally requires a victim to see the perpetrator Filing for a protective or peace order may anger the perpetrator and result in an escalation of abusive behavior Police response to PO violations is not always immediate arrest
17 Civil Legal Needs for Sexual Assault Survivors: Safety Addressing the Risks Encourage victims who are considering seeking a peace or protective order to contact a knowledgeable attorney first. Do NOT automatically assume that victims of non-domestic assault should seek a peace order
18 NEW LAW: Standard of Proof for Peace/Protective Orders Since October 1, 2014: Standard of proof has been lowered from clear and convincing evidence to preponderance of the evidence This is the standard standard used in nearly every other type of civil case
19 Civil Legal Needs for Sexual Assault Survivors #2 Privacy
20 Civil Legal Needs for Sexual Assault Survivors: Privacy Survivor s Address Privacy is one of the most significant differences between domestic and non-domestic sexual assault. In non-domestic sexual assault the perpetrator usually does not know the survivor s personal information. This information needs to be protected. Addresses should not be on case search for peace and protective orders Police should redact copies of police reports they provide parties
21 Questions?
22 Contact SALI Victim/Survivors can call: SALI (toll-free) Generally speak with paralegal/advocate and an attorney calls them back Arrangements made for languages other than English (including for deaf and hard of hearing)
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