If You Have Been Raped or Sexually Assaulted

Transcription

If you have been raped
or Sexually Assaulted...
Know
Your Rights
INFORMATION FOR SURVIVORS
OF SEXUAL ASSAULT
WHHOO SHHOOUULLDD REEAADD THHIISS?
If you have been recently sexually assaulted or
raped, this booklet is designed to give you
information
about
your
legal
rights
in
Washington State.
This booklet does not contain information for
parents about children who have been sexually
abused and does not provide information about
childhood sexual abuse.
If you have a child or know a child who you
believe has been sexually abused, please contact
Child Protective Services, at 1-800-562-5624, or
your local law enforcement agency.
This booklet
Spanish.
is
also
available
in
You may download this booklet in PDF
format at www.svlawcenter.org
© 2010 BY THE SEXUAL VIOLENCE LAW CENTER (SVLC). ALL
RIGHTS RESERVED.
When using the term rape or sexual assault
throughout this booklet we are generally
referring
to
intercourse
sexual
that
is
contact
NOT
or
sexual
consensual.
Consensual generally means agreeing to, such
as giving permission or indicating “yes.”
DISCLAIMER
This
publication
provides
general
legal
information. It is not intended as legal advice
nor does it provide legal advice. If you need legal
advice you should consult an attorney. Laws
change both as the result of legislative action and
court decisions. The information here is current
as of November 2010.
This project was supported by Grant No. 2009-WL-AX-2009
awarded by the Office on Violence Against Women, U.S.
Department of Justice. The opinions, findings, conclusions, and
recommendations expressed in this publication are those of the
author(s) and do not necessarily reflect the views of the
Department of Justice, Office on Violence Against Women.
ii
INNTTRROODDUUCCTTIIOONN
In Washington State at least one out of three
women will be victims of sexual violence during
their lifetime. The trauma of sexual assault can
be experienced for many years after the initial
assault.
Victims of sexual violence often need support,
services and someone they can talk with in
private about the assault. There are more than
forty sexual assault organizations throughout the
State of Washington that have specially trained
staff who are ready to provide support and
services to victims of sexual violence.
Healing from the impact of rape or sexual assault
can be a long process. Being involved with the
legal system can also be a difficult and frustrating
experience. You will need to advocate for
iii
yourself and assert your rights as a survivor of
sexual violence.
This booklet is intended to give you information
about your legal rights and to help you
understand what you can expect when seeking
services or becoming involved in the legal
system. It is our hope that this booklet may assist
you in making informed decisions in how you
choose to respond to your experience of sexual
assault.
For free and confidential legal information and
referrals, contact the Statewide Legal Helpline at
206-624-0621 Monday-Thursday 9am-4pm.
In King County, contact the Sexual Assault Legal
Services and Assistance (SALSA) program at
1.888.99.VOICE , 24 hours/day and ask for the
SALSA program. SALSA pro vides free legal
iv
representation to sexual assault victims in King
County with certain civil legal matters.
If you need assistance and advocacy support,
please contact your local community sexual
assault program listed in the back of this booklet.
v
TAABBLLEE OOFF COONNTTEENNTTSS
I.
IF YOU NEED HELP.................................................1
II.
RIGHT TO A SUPPORT PERSON...............................4
III.
RIGHT TO EMPLOYMENT LEAVE ............................5
IV.
HOUSING RIGHTS ...................................................9
V.
RIGHTS AT THE HOSPITAL .....................................14
VI.
RIGHT TO INTERPRETERS ......................................21
VII. COURT ORDERS OF PROTECTION ...........................22
VIII. IF YOU ARE NOT A U.S. CITIZEN .............................34
IX.
IF YOUR ENGLISH IS LIMITED ................................35
X.
IF YOU HAVE A DISABILITY ....................................36
XI.
IF YOU ARE UNDER THE AGE OF 18 ........................37
XII.
IF YOU CALL THE POLICE ......................................42
XIII. CRIME VICTIMS’ RIGHTS .......................................45
APPPPEENNDDIICCEESS
A.
GLOSSARY OF LEGAL TERMS .................................55
B.
SEXUAL ASSAULT STATUTES .................................70
C.
STATEWIDE RESOURCES ........................................77
D.
SEXUAL ASSAULT PROGRAMS BY CITY .................81
vii
It is not your fault if you have been raped or sexually assaulted!
I.
IF YOU NEED HELP
If you are in immediate danger, call the police at
9-1-1.
SERVICES FOR VICTIMS OF SEXUAL ASSAULT
Throughout Washington there are community
based programs that specialize in providing
services to victims of rape, sexual assault, child
sexual abuse or to survivors of childhood sexual
abuse. These programs are often called sexual
assault programs or rape crisis centers.
If you are not in immediate danger and have
been raped or sexually assaulted and need to talk
with someone, call your local sexual assault
program listed by city in the back of this booklet.
They can help you.
If you call a sexual assault program to talk with
someone about what has happened to you, the
information you share will be kept private.
1
YOU HAVE A RIGHT TO CONFIDENTIALITY.
This means that any information you share with
a counselor or sexual assault advocate at a
community sexual assault program is private and
will not be shared with others.
The paperwork about you that is generated by
the sexual assault program is also confidential.
EXCEPTIONS TO CONFIDENTIALITY
If the counselor believes you are a serious
physical danger to yourself or to others,
confidential information may be disclosed to
protect you or those in danger.
Mandatory Reporting is also an exception to
confidentiality. Please see Section XI of this
booklet for more information on mandatory
reporting.
2
WHAT IS AN ADVOCATE?
When you work with an advocate it is important
to know whether or not they are from a
community
based
program
or
from
the
prosecutor’s office.
An advocate at a community based sexual assault
program is someone trained in the area of sexual
assault. They can provide medical advocacy, legal
advocacy, counseling services, support and other
resources to assist you. The services they
provide are confidential. If the advocate is from a
community based program, your conversations
are private and generally confidential.
An advocate at a prosecutor’s office is someone
who helps you through the legal system during a
criminal prosecution. For example, they can help
you communicate with the prosecutor and can
attend court appointments with you.
If the
advocate is from a prosecutor’s office, everything
3
you say to the advocate is NOT private or
confidential.
For a list of community based sexual assault
programs, please see the APPENDIX D, listed in the
back of this booklet.
II.
RIGHT TO A SUPPORT PERSON
In the State of Washington a victim of rape or
sexual assault has the right to a support person.
The support person is someone you choose to be
your personal representative. It can be a family
member, friend or sexual assault advocate. You
do not have to have a support person - but you
do have a right to one.
The right to a support person is important. You
do not have to be alone or go through any
procedures or processes in dealing with the
sexual assault without a support person. There
4
are people trained to provide support and
assistance to you. They can help you.
For example, if you are receiving medical
treatment or attending a proceeding concerning
the assault (such as interviews with police or
court hearings), you have the right to have your
support person accompany you.
If you would like to have a sexual assault
advocate as your support person, please contact
the sexual assault program in your community
listed in the back of this booklet.
III. RIGHT TO EMPLOYMENT LEAVE
If you need to take time off from your job due to
the sexual assault (or due to domestic violence or
stalking), you may take reasonable leave from
work for certain activities.
5
SPECIFIED ACTIVITIES ALLOWED:
To seek legal or law enforcement
assistance or remedies to ensure your
health and safety;
To seek treatment by a health care
provider for physical or mental injuries;
To obtain services from a community
sexual assault program or other social
services program;
To obtain mental health counseling related
to the sexual assault; or
To participate in safety planning,
temporarily or permanently relocate, or
take other necessary actions to increase
your safety.
The leave you take can be with or without pay.
You may choose to use sick leave and other paid
time off, compensatory time, or unpaid leave
time. If you do not have this sort of paid time off
6
available, or choose not to use it, you may take
the leave without pay.
NOTICE TO YOUR EMPLOYER
You must give your employer advance notice of
your planned leave. If possible, the timing of the
notice must be consistent with your employer's
policy for requesting such leave, if the employer
has a policy. However, if you cannot follow your
employer’s advance notice policy for requesting
leave,
due
to
emergency
or
unforeseen
circumstances, you must give notice no later than
the end of the first day that you took leave.
VERIFICATION
Your employer may require verification that you
are a victim of sexual assault and that the leave
was taken for one of the allowable activities. The
verification must be provided to your employer
before taking leave, or within a reasonable time
during or after the leave.
7
Verification means you must provide one of the
following:
a police report showing that you are a
victim;
a court order protecting you from the
perpetrator,
other evidence (from the court or
prosecuting attorney) that you appeared or
are scheduled to appear in court because of
the sexual assault (e.g., subpoena, letter);
documentation from a victim advocate,
attorney, clergy member, doctor, or other
professional from whom you sought
assistance.
You do not have to discuss any information about
the sexual assault with your employer. You only
have to provide verification.
8
When you return from leave, your employer
must give you your former position or a position
with equivalent benefits, pay, and other terms
and conditions of employment. While you are on
leave, your employer must also maintain your
health insurance coverage if it is generally
provided as a benefit.
IV.
HOUSING RIGHTS
You have several rights related to your rental
housing if you are the victim of sexual assault (or
domestic violence or stalking).
RIGHT TO MOVE
First, you have the right to move. You may end a
rental agreement with your landlord before your
lease has expired by meeting the following three
conditions:
1)
You must have either: A valid order for
protection, an anti-harassment order or criminal
9
no-contact order, or a record that you reported
the sexual assault to a “qualified third party.” A
“qualified third party” means any of the following
people:
law enforcement officers;
state court employees;
doctors, nurses and other health care
professionals;
licensed mental health professionals or
counselors;
members of the clergy; or
crime victim/witness program advocates.
Although reporting to a qualified third party may
help you end your lease, you should know that it
does not provide you with legally enforceable
safety provisions that come with an order for
protection. See Section VII for information
regarding orders of protection.
10
2)
The landlord must be notified in writing
that you are a victim of sexual assault. A copy of
the “qualified third party report” (e.g., order for
protection or the record of the report to a
qualified third party) must be included in the
written notification.
3)
The date that you notify your landlord that
you intend to move must be within 90 days of the
date of the sexual assault. This is not 90 days
from when you reported the incident.
If these three conditions are met, you may end
your lease and move out without having to pay
for the rest of the time on the lease. You are still
responsible for rent due for the month in which
you leave, even if you leave in the middle of the
month. Also, you are still entitled to a refund of
the deposit, as long as you have left the residence
in the same condition as when you moved in.
11
RIGHT TO EQUAL TREATMENT
You also have the right to rent a home free from
discrimination.
Your
landlord
is
legally
prohibited from refusing to rent to you,
terminating your tenancy, or refusing to renew
your lease, based on the fact that you are a victim
of sexual assault.
RIGHT TO SECURITY IN YOUR HOME
Finally, if you obtain a protective order against a
person living in your home, you are entitled to
have your locks changed (at your expense). You
must provide a copy of the protective order to
your landlord. Your landlord must change the
locks, and must not give a copy of the key to the
former tenant who is now restrained from living
in that home.
PUBLIC HOUSING
If you have tenant-based Section 8 housing (a
“voucher”), you must send the Public Housing
12
Authority (PHA) written notice that you are
exercising your right to terminate the lease. The
PHA should then issue you a new voucher to
search for a new residence. The voucher usually
expires after 60 days, but often can be extended.
The policies regarding extensions and maximum
search times vary with each PHA, and can be
found in the Section 8 Administrative Plan for the
particular PHA.
In addition, if you need
additional time to search for a residence because
of a disability the PHA has a duty to extend the
search period as a “reasonable accommodation.”
If you need assistance or advocacy in terminating
your lease, please contact your local sexual
assault program listed in the back of this booklet
by county.
In King County, contact the Sexual Assault Legal
Services & Assistance (SALSA) program 24 hour
13
resource line at 1.888.99.VOICE for legal
representation with and assistance with housing
concerns. For residents outside of King County,
call the statewide legal helpline at 206.624.0621
for legal information and referrals Monday –
Thursday, 9am-4pm.
V.
RIGHTS AT THE HOSPITAL
If you have been raped or sexually assaulted you
may choose to go to the hospital for medical care.
YOU HAVE THE FOLLOWING RIGHTS:
Right to a Support Person
You have the right to have a support person
with you during the medical examination.
Right to a Free Medical Examination
Costs for a rape exam are paid by state when
the
examination
is
performed
for
the
14
purposes of gathering evidence for possible
prosecution.
Right to Emergency Contraception
If you have been sexually assaulted and go to
the hospital, you should receive information
about emergency contraception. If you want
emergency contraception, and it is medically
appropriate, the hospital must provide it. You
will
not
be
charged
for
emergency
contraception if it is given at the same time
you receive a rape exam for the purposes of
gathering evidence for possible prosecution.
You currently have the right to obtain
emergency contraception at any pharmacy
that stocks it, but these regulations are being
reviewed and may be changed. If a pharmacist
refuses to give you emergency contraception,
contact Legal Voice at 206-621-7691.
15
RAPE EXAMINATIONS AND MEDICAL CARE
A rape exam is sometimes referred to as a
forensic exam. It is a medical examination
conducted by a nurse who has been specially
trained in sexual assault. The nurse will collect
medical evidence to document the assault for
possible prosecution.
It is your decision whether or not to agree to a
rape exam. If you do not want the rape exam,
you can still get medical care from the hospital.
In deciding whether or not to seek immediate
medical care it is important to understand that if
you are interested in having the person who
assaulted you arrested and charged with the
crime, that you should go to the hospital
immediately after the assault. Time is an
important consideration, because if too much
time passes between the time of the assault and
16
the time you go to the hospital, there may be
little or no physical evidence to show that you
have been raped.
reduce
the
Waiting too long may also
effectiveness
of
emergency
contraception.
If you want evidence to be collected, you should
go to the hospital immediately or at least within
seventy-two (72) hours from when the rape
occurred. In order to preserve evidence, if you
can avoid it, do not drink anything, do not
urinate and do not take a shower or attempt to
wash yourself before going to the hospital.
If you think you have been drugged and suspect
you may have been sexually assaulted while you
were drugged or intoxicated, go to the hospital
immediately. At the hospital they can conduct
tests to determine if drugs are in your system.
17
However, if you do not go to the hospital at all, or
go at a later date and there is no physical
evidence to indicate you have been raped, that
does not mean the person will not be prosecuted.
It also does not mean that you have not been
raped.
If you go to the hospital and evidence is collected,
remember that it is still the prosecutor’s decision
whether or not the person who assaulted you
will be charged with a crime.
The
forensic
examination
at
the hospital
following a rape is a free examination.
However you do not necessarily have the right to
free medical treatment of injuries you received
during the assault. This depends on your income
and will be determined between you and the
hospital.
18
Money to help pay your hospital bill may be
available through Crime Victim’s Compensation
(CVC). Crime Victims Compensation is a state
fund that helps crime victims cover costs such as
medical bills or counseling services. Crime
Victims Compensation has specific and time
sensitive application requirements and is only
available after you have exhausted all other
means of health insurance coverage.
For more information, please call CVC at 1-800762-3716.
EMERGENCY CONTRACEPTION
The law requires every hospital emergency room,
regardless of religious affiliation, to give sexual
assault victims who come to the ER for treatment
truthful
information
about
emergency
contraception (also known as emergency birth
control, the “morning-after pill,” or “Plan B”). The
hospital must give you emergency contraception,
19
free of charge, if you request it at the time of a
forensic rape exam.
Emergency contraception contains the same
hormones used in regular birth control pills. It
has been used for more than thirty years to
prevent pregnancy when taken within a short
time after intercourse. It can prevent pregnancy
if given within 72 (and possibly up to 120) hours
after sexual intercourse. The closer in time to
sexual assault, the more likely the medication
will work to prevent a pregnancy.
Emergency contraception can act after the fact to
prevent a pregnancy, so it can help a woman
avoid the additional trauma of fearing a
pregnancy resulting from a rape. The American
College of Obstetricians and Gynecologists says
that treatment with emergency contraception
should be standard medical care for victims of
rape.
20
VI.
RIGHT TO INTERPRETERS
IF YOU DO NOT SPEAK ENGLISH
If you are the victim of sexual assault and do not
speak English, you have the right to a qualified
interpreter in your primary language in court.
You are usually required to provide the
interpreter yourself and at your expense.
However, the court must appoint and pay for an
interpreter for you if you fall into one of two
categories:
(1) You are indigent (low income), or
(2) You are required to be in court, because you
are a party to the case or you have been
subpoenaed.
IF YOU ARE HEARING IMPAIRED
A victim or witness of sexual assault who is
hearing impaired and is involved in a legal
proceeding has a right to a qualified interpreter
paid for by the court.
21
If you need assistance in asserting your right to
have an ASL or foreign language interpreter
present, please contact your local sexual assault
program or the statewide legal helpline of the
Sexual Assault Legal Services & Assistance
Program. Resource numbers are listed at the
back of this booklet.
VII. COURT ORDERS OF PROTECTION
As a victim of sexual assault, you may have
concerns for your safety. A protection order is a
legal tool issued by a court that tells the
perpetrator to stay away from you. Protection
orders do not guarantee your safety, and it is still
important to discuss safety planning with your
advocate.
Washington law is designed to make the process
of obtaining a protection order as easy as
possible if you have good reason for needing
22
protection. You do not need an attorney, and
many people in protection order hearings do not
have attorneys. There is no filing fee to get a
sexual assault or domestic violence protection
order, and you will be given free certified copies
of your order.
There are many resources available to assist you
with getting a protection order, including
publications at www.washingtonlawhelp.org and
www.svlawcenter.org. Some courthouses have
offices where you can get assistance filling out
the documents, and helping with protection
orders is one of the services typically provided
by community based advocates. Please refer to
the end of this booklet for a list of resources.
SEXUAL ASSAULT PROTECTION ORDERS
A sexual assault protection order (SAPO) is a civil
order issued by the court that requires the
offender to stay away from you and the places
23
you request in the order, such as your workplace,
school, or home (you can also add other places
specific to your situation, such as your place of
worship or your vehicle).
It also tells the
offender to have no contact with you at all.
Generally if the person does not obey the order,
they can be arrested.
To get an order you must file paperwork with the
court.
You can get temporary, emergency
protections the day you file your paperwork.
About two weeks later you will have a hearing
where the person who has assaulted you will
have an opportunity to respond.
SAPO REQUIREMENTS
To get a SAPO, you must be a victim of sexual
assault and NOT in a family or “domestic”
relationship with the offender. For example, if
the offender is either related to you; is or was
married to you; has been or is in a dating
24
relationship with you; or you have a child
together, you cannot get a SAPO. (However you
may be able to get a domestic violence protection
order, see below).
If you have experienced sexual contact or sexual
intercourse that you did not agree to or give
permission by saying “yes”, then you may be a
victim of sexual assault under the law.
You must be able to identify the person who
sexually assaulted you. This means you need to
know their name and where to find them.
If you are not a victim in a criminal case, you can
ask the civil court directly for a sexual assault
protection order. Your ability to file a petition in
civil court for a SAPO is not related to whether
there is a criminal case against the offender.
25
OTHER SAPO CONCERNS
There is no time limit for filing a SAPO – it does
not matter how long ago the sexual assault
occurred.
You are NOT required to have reported the
sexual assault to the police.
The law says the court should not deny your
SAPO request if you and/or the perpetrator were
voluntarily drinking alcohol.
Sexual
contact
is
not
limited
to
sexual
penetration; it may include unwanted touching
the breasts, genitals, or anus outside of your
clothing. Also, the law says the court should not
deny your SAPO just because you did agree to
some sexual touching.
If you are sixteen or older, you can seek a SAPO
without involving your parent or guardian.
26
If you have reported the sexual assault to law
enforcement, you may be able to get a SAPO from
the prosecutor’s office or judge, without filing
your own civil petition, if there is a criminal case
ongoing.
For a detailed explanation of the law and process
for obtaining a SAPO, please see the Sexual
Violence Law Center’s publication, Understanding
the
Sexual
Assault
Protection
Order
at
www.svlawcenter.org under “Resources”.
DOMESTIC VIOLENCE PROTECTION ORDERS
A protection order is a civil order issued by the
court that tells the person who has harmed you
to stay away from you, your children, and the
places you live or work. Generally if the person
does not obey the order, they can be arrested.
To get an order you must file paperwork with the
court.
You can get temporary, emergency
27
protections the day you file your paperwork.
About two weeks later you will have a hearing
where the person who has assaulted you will
have an opportunity to respond.
To get a domestic violence protection order, you
must have a domestic relationship with the
person who assaulted you. That means you must
be family or household members, this includes a
person to whom you are married or formerly
married, or you live with or formerly lived with, or
you dated or formerly dated, or have children
with, or are related by blood or marriage. If you
do not meet these relationship requirements,
then you are not eligible for a domestic violence
protection order.
If you are sixteen or older you can seek a
protection order without involving your parent
or guardian. If you are between thirteen and
sixteen, and the person who assaulted you is
28
sixteen or older, you can seek a protection order,
but you must have the assistance of an adult who
will file the case for you. That adult may be a
parent, but could also be an adult friend or family
member. If you do not have an adult to assist
you, the court can appoint a Guardian ad Litem to
help you.
ANTI-HARASSMENT ORDER
An anti-harassment order is a civil protection
order issued by the court that tells the harassing
person to stop contacting you and to stay away
from you. This type of protective order is often
used to protect victims of stalking, repeated
bullying or harassment, or voyeurism.
To get an anti-harassment order you must be
able to show that the person who assaulted you
has engaged in unlawful harassment. “Unlawful
harassment” means a knowing and willful course
of conduct directed at you which seriously
29
alarms, annoys, harasses, or is detrimental to
you, and which also serves no legitimate or
lawful purpose. “Course of conduct” means a
series of acts over a period of time, however
short, all with a similar purpose. That means you
can NOT get an anti-harassment order based
solely on one incident.
However, you may still
be eligible for such an order if you were
assaulted only once, as long as there were other
incidents of unlawful harassment.
VULNERABLE ADULT PROTECTION ORDER
A vulnerable adult protection order is a civil
protection order that is brought on behalf of a
vulnerable adult.
The law says a vulnerable adult is generally
someone over the age of sixty who cannot take
care of themselves; or is found incapacitated; or
who has a developmental disability; or who is
admitted to or receiving services from any
30
facility, home health, hospice, a home care
agency, or an individual provider.
If you are a vulnerable adult and have been
sexually assaulted (or have been abused or
exploited in other ways), you may get this type of
order. Also, the Dept. of Social and Health
Services or any other person aware of the abuse,
such as a friend or family member, can seek this
order on your behalf, with or without your
consent.
If you have questions about this
process, contact Disability Rights Washington
at 1-800-562-2702.
Vulnerable adult protection orders can protect
the victim from sexual assault, other abuse,
abandonment, neglect, or financial exploitation.
They can require the offender to stay away from
and have no contact with the victim.
31
CRIMINAL NO-CONTACT ORDER
This type of order is issued by a judge in a
criminal domestic violence case. It is not
something you have to petition the court for and
file paperwork with the court in order to obtain.
However these orders are limited to criminal
domestic violence cases. A no-contact order
generally tells the perpetrator of domestic
violence to stay away from you when they are
released from custody before arraignment or
trial on bail or personal recognizance.
A no-contact order may be put into place at any
time during the court proceedings. No-contact
orders end when the criminal case ends (e.g.
when charges are dropped, after a “not guilty
verdict,” or when jurisdiction ends).
The definition of domestic violence is limited to a
family or household member (similar to civil
32
Domestic Violence Protection Orders). Thus if
you are a victim of sexual assault and your
relationship to the perpetrator does not meet the
definition of family or household member you
are not eligible for this type of order.
If however, your case is criminally prosecuted,
and the perpetrator is convicted of a sex offense,
you could ask the judge in your victim impact
statement to include a no-contact provision so
that the perpetrator, once released from custody,
is prohibited from having any contact with you.
You can also get a SAPO in connection with the
criminal prosecution of a sex offense.
If the
perpetrator is convicted of the sexual assault, the
prosecutor may request that as a condition of the
perpetrator’s release, he or she is subject to a
SAPO. Make sure you tell the prosecutor you
would like this type of no contact provision
included in the sentencing recommendations or a
33
SAPO to be in place once the perpetrator gets
outs of prison.
VIII. IF YOU ARE NOT A U.S. CITIZEN
If you are not a citizen of the United States you
have been sexually assaulted or raped, your
immigration status should not matter when
reporting the crime to the police. If the police ask
you your immigration status you do not have to
answer them. It is not the duty of the police to
enforce immigration law. Your immigration
status is not legally relevant when you are a
victim of a crime.
If the police insist on asking about your
immigration status, you could ask to speak with a
lawyer before answering any questions.
For legal questions about immigration, contact
the Northwest Immigrants Rights Project at
34
1-800-445-5771 or SALSA Legal Helpline at
206-624-0621.
IX.
LIMITED ENGLISH PROFICIENT
If you are a sexual assault victim with limited
English proficiency, you may be entitled to free
language assistance.
WHO IS A LIMITED ENGLISH PROFICIENT (LEP)
INDIVIDUAL?
If English is not your primary language and you
have a limited ability to read, speak, write, or
understand English, you are limited English
proficient, or "LEP."
It is against the law for police, hospitals, sexual
assault
programs
and
other
agencies
to
discriminate against you because you have a
limited
ability
to
speak,
read,
write
or
understand English.
35
If you are an LEP victim of sexual assault and are
trying to access services, you may have a right to
language assistance. If you need assistance in
advocating for your rights as an LEP, please
contact your local sexual assault program listed
at the back of this booklet.
This booklet is also available in Spanish.
X. IF YOU HAVE A DISABILITY
If you have a disability and want to report a
sexual assault to the police or go to court to
testify,
you
are
entitled
to
reasonable
accommodations.
“Reasonable accommodations” means that places
of public accommodation, such as courthouses
and police stations, cannot discriminate against
you and must take reasonable action to make
their services accessible.
36
If you need a reasonable accommodation to be
able to report your sexual assault or otherwise
participate in the legal process (for example, if
you need the police to call you using a TTY line or
need to have meetings in a place with a
wheelchair ramp) you can inform the police,
court, etc. and they should make all reasonable
efforts to accommodate your needs.
You may
also want to contact one of the disability-based
assistance organizations listed at the back of this
booklet.
XI.
IF YOU ARE UNDER THE AGE OF 18
If you have been raped or sexually assaulted and
are under the age of 18, different laws apply to
you. Under the law you are considered a minor.
If you are under the age of 18, you have more
limited privacy rights than adults. For example,
certain people, such as doctors, are required to
report the abuse you experienced to the police
37
and/or Child Protective Services (CPS) or both.
This is called mandated reporting.
MANDATED REPORTING
Mandated reporters are people like teachers,
health care providers, counselors, nurses, child
care providers, police officers and advocates.
They are required by law to report the abuse you
tell them about to Child Protective Services.
Once CPS receives a report, they may investigate
and/or take action. For more information about
Child
Protective
Services
contact
DSHS
Constituent Services at 1-800-737-0617.
If you are under 18 and call a counselor or help
line or crisis line, and tell the person on the
phone that you have been sexually assaulted,
they have to report the assault to CPS. Advocates
at community sexual assault programs are
38
mandated reporters.
Attorneys are NOT
mandated reporters.
ANONYMOUS CALLING
However, you have the choice not to reveal any
information that will identify you. If you call
anonymously (without providing your age or
name or any other information that can identify
you) mandated reporters have no identifying
information to report.
WHAT IS THE AGE OF CONSENT?
There is no universal age of consent for all legal
issues related to your sexual assault. The age
varies depending on the issue.
Right to Consent to Sexual Intercourse
In Washington, if you have sex and are under the
age of 16, the law assumes you are not old
enough to give consent.
39
However, this does not mean that anyone over
age 16 who has sexual contact with anyone
under age 16 is committing a crime. It depends
on the age difference between them.
Right to Consent to a Medical
Examination or Treatment (Without
Parental Notification)
The age of consent in the State of Washington for
a person to be medically examined without
parental consent or notification is 13.
Parental consent for a medical exam is usually
required if you are under the age of thirteen.
If you are thirteen years or older, and have been
sexually assaulted, you may request and receive
a medical examination without the consent of
your parent. You also do not have to pay for the
examination.
40
Beginning at age 13, you have more rights to
make choices regarding your mental and
physical health care. For example, you have the
right to seek confidential counseling without the
consent of your parents. However, you should
always ask your doctor, counselor, or other
treatment provider about exceptions and limits
on what information they will keep confidential
from your parents. Regardless of your age, you
should tell your provider that you do not want
them to disclose any information about you to
anyone, including your parents, without your
written consent.
Unlike many states, Washington does not require
parental notification or consent for a minor to
get an abortion.
41
Right to File a Protection Order
If you are 16 and older, you can file for a Sexual
Assault Protection Order (SAPO) or a Domestic
Violence Protection Order (DVPO) on your own.
You don’t need a parent, a guardian or an
attorney.
If you are 15 or younger, you need a parent or
guardian to file a SAPO or DVPO for you.
A
guardian is any adult you trust to file a SAPO or
DVPO for you, as long as that person agrees to act
as your guardian for the purpose of getting the
protection order.
XII. IF YOU CALL THE POLICE
If you call the police because you have been
sexually assaulted, it is likely a police report will
be made. When a report is made, ask for the
report number and the name of the person who
took the report. Write it down and keep this
information in a secure place.
42
When the police respond to your call, you have
the right to receive from the police a written
statement of the rights of crime victims and
resources of local victim/witness programs. If
you do not receive this information, please
contact your local community based sexual
assault program.
The police and/or prosecuting attorney may
NOT ask or require that you take a polygraph
exam (lie detector) as a condition of moving
forward with your case.
If you delay in reporting the assault to the police,
you still have the right to file a police report at
ANY TIME.
If you are discouraged by law enforcement from
filing a report, you still have the right to file a
police report. There is no time limit on your
ability to file a police report. The reason law
43
enforcement may discourage you, particularly if
significant time has passed, is because it is
unlikely the case will get prosecuted. However,
making the report may be very important to you,
so don’t be discouraged. It is your right to report
criminal activity to law enforcement. If you want
support or assistance with filing your report, you
should contact your local community based
sexual assault program to get the help of an
advocate.
Sometimes the police may ask you if you would
like to prosecute the person who assaulted you.
It is important to understand that it is not your
decision whether or not the person who
assaulted you will be prosecuted. Generally that
decision is made by the prosecuting attorney in
the county where the assault occurred. When
the police ask you that question what they
usually want to know is whether or not you
44
would cooperate with the prosecutor if the
perpetrator does get prosecuted. It is ok to not
know how you feel at the time you report. You
will have time to decide and talk with your
advocate about your options.
XIII.
CRIME VICTIMS’ RIGHTS
If you have been raped or sexually assaulted and
the person responsible for harming you is being
charged with a crime and prosecuted in court,
you are considered a crime victim – regardless of
the outcome of the case.
As a crime victim you may be eligible for certain
programs that can provide assistance to you. For
example, Crime Victim Compensation is a
program that may assist you in paying your
medical bills related to the assault. The Address
Confidentiality Program is also a program that
may assist you in keeping your address
confidential. For more information about these
45
programs, please contact your local sexual
assault program listed at the back of this booklet.
The criminal justice system is the process used to
prosecute
the
person
who
harmed
you.
Sometimes the person will be referred to as the
defendant, the perpetrator, the offender or the
respondent. These are all legal terms for the
same person.
In Washington, the act of rape or sexual assault is
a crime. This means that the State of Washington
can prosecute people for committing those
crimes. If the prosecution results in a conviction
or guilty plea, the perpetrator may face
punishment such as jail time or restitution.
Each county in Washington has prosecuting
attorneys who are responsible for prosecuting
those individuals who commit crimes. The
prosecutor is the person who may bring charges
46
against the person who harmed you. If so, the
State is prosecuting the person who hurt you on
behalf of the State of Washington, not on your
individual behalf.
It is important to understand that the prosecutor
is acting on behalf of the state of Washington.
The prosecutor is not your advocate and is
limited in his or her ability to assert your
interests and protect your privacy.
You have the right to have a support person
or advocate with you throughout the entire
criminal court process.
CRIME VICTIM’S RIGHTS
As a crime victim, surviving spouse or dependent
of a crime victim, or you witness a crime,
Washington State Law provides that reasonable
efforts be made to ensure for the following rights:
47
A victim of a felony or gross misdemeanor
crime shall have the following rights:
RIGHT TO BE INFORMED
You have the right to be informed of the outcome
of the case, also known as the final disposition
(e.g., whether or not the perpetrator was
convicted). You have the right to know about
any changes in the court dates to which you have
been subpoenaed to attend.
RIGHT TO BE HEARD
You have the right to address the court whenever
the defendant is being considered for release.
This could apply to bail hearings, speedy trial
rule violations and at sentencing hearings.
You have the right to attend the court hearing
and make a statement to the court.
48
RIGHT TO SUBMIT A VICTIM IMPACT STATEMENT
At the sentencing hearing you have the right to
submit a victim impact statement to the court,
which must be included in the pre-sentence
report and made a part of the offender’s file.
A victim impact statement is a written statement
that tells the court how the crime has affected
you and what you would like to see happen to
the defendant. The judge may consider your
recommendations
when
determining
the
perpetrator’s punishment.
RIGHT TO ATTEND ALL COURT PROCEEDINGS THE
DEFENDANT ATTENDS
You have the right to attend trial and all other
court proceedings the defendant has the right to
attend unless a judge decides not to allow you to
attend every proceeding.
49
You also have the right as a victim (or surviving
spouse or dependent of a victim) to be present in
court during trial if your testimony has already
been given and no further testimony from you is
required.
RIGHT TO PROTECTION AS A VICTIM
You have the right to receive protection from
harm and threats of harm arising out of
cooperation
with
law
enforcement
and
prosecution and to be informed of the level of
protection available.
This means that if you are being threatened by
the defendant or someone acting under the
direction of the defendant (i.e. brother, friend,
etc.) that law enforcement will investigate and
should take steps to limit the threats.
50
RIGHT TO WITNESS FEES
You have the right to receive any witness fees to
which you are entitled. For example you may be
entitled to have mileage or parking costs
reimbursed
when
going
to
court
and
participating as a witness.
RIGHT TO A SAFE WAITING AREA
You have the right to have, whenever practical, a
safe waiting area provided for you during court
proceedings.
RIGHT TO HAVE PROPERTY RETURNED
You have the right to have any stolen or other
personal property returned as soon as possible
after completion of the case. For example, if your
clothes, purse or other personal items were
taken as evidence, these should be returned to
you when the case is completed.
51
RIGHT TO HAVE YOUR EMPLOYER CONTACTED
You may request that the prosecuting attorney
contact your employer to minimize any problems
related to your absence at work when you are
required to appear in court. You also have the
right to miss work for this sort of activity (See
Section III: Right to Employment Leave). If your
employer takes negative action against you
because of these court appearances, you can
contact the Sexual Violence Law Center at 206624-0621 or Legal Voice at 206-621-7691 for
legal information.
RIGHT TO RESTITUTION
You have the right to restitution when there is a
felony conviction, unless the court determines it
to be inappropriate. “Restitution” means money
the perpetrator may be ordered to pay to cover
the costs of specific expenses you have incurred
as a victim of crime.
Restitution is usually
52
limited
to
property
damages.
The
victim
advocate from the prosecutor’s office can help
you with any questions you may have about
restitution as a crime victim.
RIGHT TO NOTIFICATION OF HIV STATUS OF OFFENDER
If the person who sexually assaulted you was
convicted of assaulting you, you have the right to
know their HIV status.
If you are under 14, your parents or guardian has
the right to that information on your behalf.
If you would like to know the HIV status of the
perpetrator, you need to tell the prosecuting
attorney as soon as possible, so the prosecutor
can request that as a condition of the
perpetrator’s sentence, an HIV test is conducted
and the results are given to you. Then you need
to contact the health department in the
jurisdiction where the perpetrator was ordered
53
to take the HIV test. They will then provide you
with the information.
54
APPENDIX A
GLOSSARY OF LEGAL TERMS
Acquittal - When a jury or court finds the
defendant “not guilty,” the defendant is
“acquitted.”
Advocate - Usually someone trained in sexual
assault and legal issues who offers support and
assistance to sexual assault survivors. An
advocate may work for the prosecutor or at a
community based agency.
Affidavit - A sworn statement of the facts as you
know them to be. Sometimes referred to as a
“Declaration.”
Anonymous – Not named or identified.
Anti-Harassment Order - An order issued by
the court that orders a person to stop doing
certain things that “harass” another person.
55
Attorney – A lawyer.
Authorization - Permission.
Bailiff - A court employee who maintains order
in the courtroom.
Bail - The property or money a defendant pays to
the court, in order to be released from jail prior
to the trial, to ensure that the defendant will
appear in court.
Bond - The money paid to a bond company so
that they will pay the bail for a person. The bond
price is usually 10% of the bail amount.
Charge/ Charged - When the prosecuting
attorney formally accuses someone of having
committed a criminal offense, that person is
“charged” with a crime.
56
Civil (legal matters or cases) – Legal issues that
are not part of a criminal prosecution.
Clerk (of the Court) - A court official who
handles clerical matters like keeping records,
filing documents and providing certified copies.
Commissioner (of the Court) – A type of judge
who makes decisions relating to a particular
subject matter.
Confidential – Private or secret.
Consent – When you give permission or agree to
something.
Contraception – Birth control.
Conviction - A decision by a court finding
someone guilty of a crime.
Court – The official place and process for the
administration of justice. This includes District
57
or Municipal Court (which handles matters such
as small claims, some protection orders, vehiclerelated citations, and some misdemeanors)
Superior Court (which handles all other civil and
criminal matters) and the Court of Appeals and
Supreme Court. Most types of cases referenced
in this booklet are in Superior Court.
Court rules – The written explanation of legal
procedures for court. There are rules that apply
to civil cases and criminal cases throughout the
State of Washington, which can be found at
www.courts.wa.gov. Most counties have
additional rules specific to their courts, which
can usually be located at the website for the
Superior Court in that county.
Default - When a court grants one party the
relief they request because the other party fails
to respond or attend a hearing.
58
Defendant - The person against whom a charge
or claim is brought in court.
Defense Attorney - The lawyer for the
defendant.
Discovery - The process attorneys (or pro se
parties) use to prepare for trial, in which each
side shares relevant information and evidence
with the other side.
Disclosed/disclosure – When information is
released or shared, it is “disclosed.”
Dismissal - An order by the court that means the
case is over.
Disposition - The result or final outcome of a
case.
Docket – A group of cases that are all scheduled
for a hearing by a judge or commissioner at the
59
same time. (E.g., for a protection order hearing,
you schedule a hearing on the protection order
docket). When you arrive at court at the
designated place and time, the court may “Call
the docket” or have you check in with a clerk to
confirm that you showed up for your hearing.
Your hearing may not occur until after some of
the other cases scheduled for the same Docket.
Emancipation - When a teenager becomes
legally competent to be his or her own guardian
and is no longer subject to parental control.
Ex Parte – A special courtroom (or docket)
where the court hears matters without notice to
the other side.
Felony – A crime for which the defendant can be
punished with more than a year in jail.
Filing – Submitting documents to the Clerk of the
Court to put in the court file.
60
Forensic Exam – A physical examination of the
body that is designed to collect evidence to show
that a crime was perpetrated upon that person.
Guilty - When the defendant is determined to
have committed the crime; he or she is “guilty.”
Hearing - A court proceeding where a judge
considers requests for either party in a case.
Indigent – Low income. The specific standard
for indigence may vary based on where you go to
court. One common definition is if your gross
(pre-tax) income is 125% of the federal poverty
guidelines (FPG) or lower. For example, for a
family of four, 125% of the FPG is $27,562.50 per
year. If your only income is public benefits, you
qualify as indigent.
61
Judge - An elected or appointed public official
with the authority to hear and decide cases in
court.
Judgment - The decision of a judge.
Jury – Usually a group of 12 people from the
community randomly selected to consider
evidence and decide the outcome of a criminal
case.
Minor – Generally someone under the age of 18.
Misdemeanor (and Gross Misdemeanor) – A
crime for which the defendant can receive a
sentence of no more than a year in jail. A Gross
Misdemeanor is more serious than a
Misdemeanor, but less serious than a Felony.
Motion - A request made to the court asking the
judge to do something. A motion is usually heard
at a hearing.
62
Offender - A person who has committed a crime.
Oath - A pledge before testifying, every witness
must take an oath that he or she will tell the
truth.
Party – One of the people directly involved in the
case.
This person may or may not be
represented by an attorney. The “Parties” to a
case are usually the Plaintiff (or Petitioner or
State of Washington) on one side, and the
Defendant (or Respondent) on the other side.
Perpetrator – Also may be referred to as the
offender, the defendant or the accused. It
generally means the person who assaulted you.
Plaintiff/Petitioner - Usually used in a civil legal
proceeding, referring to the person who filed the
civil action.
63
Pleadings – A general term for all legal
documents filed with the court.
Police Report - Report made by the police
containing the victim’s initial statement at the
time she or he reported the crime.
Pre-sentence Report - A report to the
sentencing
judge
containing
background
information about the crime and the defendant
to assist the judge in making a sentencing
decision.
Privilege – A strong form of confidentiality
protecting the privacy of your communication
with certain professionals. You usually have a
“privileged” relationship with your doctor,
counselor, lawyer, clergy member, and sexual
assault crisis center advocate, for example.
Proceeding – The court processes in which a
case moves through the legal system.
64
Pro se – Describes a party who represents
herself or himself in a civil case without an
attorney.
Prosecute/Prosecution - When the state brings
charges against someone for committing a crime,
that person is being “prosecuted.”
Prosecutor/Prosecuting Attorney - The lawyer
for the state who is responsible for prosecuting
people who commit crimes.
Protection Order - An order issued by a court
commissioner or judge that specifically forbids
the perpetrator from having contact with you.
Rape - When someone (it can be more than one
person) forces you, and/or threatens you, and/or
tricks you into having sexual intercourse that you
do not want.
65
RCW - Revised Code of Washington - The
statutory laws of the state of Washington
(located at http://apps.leg.wa.gov/RCW/).
Relief - Anything you are asking the court to do
for you (e.g., grant a protection order, waive a
fee, enter a parenting plan, deny a motion for
contempt, or dismiss a case).
Respondent - The person who needs to
“respond” to a civil legal proceeding (i.e., the
party who is not the Plaintiff or Petitioner).
Sentencing/Sentencing Hearing - A hearing
where the judge decides the punishment for a
guilty offender.
Service (of Process) – The required delivery of
legal documents to the other party. Almost any
time you file paperwork with the court, the same
documents must be “served” on the other party.
In Protection Order cases, a law enforcement
66
officer may be able to serve the documents on
your behalf.
Sexual Assault – When someone (it can be more
than one person) forces you, and/or threatens
you, and/or tricks you into having any kind of
sexual contact that you do not want.
Statute of Limitations – The time limit assigned
in which crimes must be charged, or lawsuits
must be filed in order for them to be valid claims.
Subpoena – A legal document issued by a court
or an attorney that instructs a person to do
something specific (like appear in court), or to
provide certain documents to the other party in a
legal proceeding or as part of “Discovery.”
Testify - To make statements under oath.
67
Trial - The court proceeding in which the guilt or
innocence of the accused person is decided by
the judge or a jury.
Testimony – When you go to court and tell the
judge and/or jury what happened to you, you are
giving “testimony.”
Victim – When you have been hurt by someone,
the court refers to you as a victim, meaning a
victim of a crime.
Victim Impact Statement - A statement made to
the court by the victim or a victim representative
that tells the judge how the victims or victim’s
family has been affected by the crime.
Victim/Witness – A term that refers to a person
who is both a victim of a crime and also the
witness to that same crime.
68
Witness - One who sees an act performed. One
who gives evidence in a case. You can be a victim
and a witness to a crime.
69
APPENDIX B
WASHINGTON STATE STATUTES
CRIMINAL CASES
Sex Offenses – RCW 9A.44
Child Molestation, RCW 9A.44.083 (first
degree); RCW 9A.44.086 (second degree)
and RCW 9A.44.089 (third degree)
Communications with a Minor for Immoral
Purposes – RCW 9.68A.090
Custodial Sexual Misconduct, RCW
9A.44.160 (first degree) and RCW
9A.44.170 (second degree)
Harassment – RCW 10.14
Indecent Exposure - RCW 9A.88.010
Indecent Liberties - RCW 9A.44.100
Rape of a Child – RCW 9A.44.073 (first
degree), RCW 9A.44.076 (second degree)
and RCW 9A.44.079 (third degree)
70
Rape – RCW 9A.44.040 (first degree), RCW
9A.44.050 (second degree) and RCW
9A.44.060 (third degree)
Sexual Exploitation of Children – RCW
9.68A
Sexual Misconduct with a Minor – RCW
9A.44.093 (first degree) and RCW
9A.44.096 (second degree)
Stalking – RCW 9A.46.110
Unlawful Imprisonment – RCW 9A.40.040
Voyeurism – RCW 9A.44.115
Crime Victims Rights– RCW 7.69.030
Child Crime Victim Rights – RCW
7.69A.030
Crime Victims Compensation – RCW 7.68,
WAC 296-30
PROTECTION ORDERS
Sexual Assault Protection Order – RCW
7.90
71
Domestic Violence Protection Order – RCW
26.50
Evidence Rules in Protection Order
hearings – Evidence Rule 1101
Anti-harassment Orders – RCW 10.14
Vulnerable Adult Protection Order – RCW
74.34.110
Criminal No-Contact Orders – RCW 10.99
PRIVACY & CONFIDENTIALITY
Sexual Assault Advocate Privilege – RCW
5.60.060(7)
Domestic Violence Advocate Privilege –
RCW 5.60.060(8)
Confidentiality of Rape Crisis Center Client
Records – RCW 70.125.065
Confidentiality of Domestic Violence
Program Client Records – RCW 70.123.075
Psychologist Client Privilege – RCW
18.83.110
72
Washington State Criminal Records
Privacy Act – RCW 10.97
Medical Records, Health Care Information
Access & Disclosure – RCW 70.02
Sealing of Court Records – Wash. Court
Rule GR 15; GR 22 (for family law and
guardianship cases)
Public Disclosure Act – Information held
confidential RCW 50.13
Address Confidentiality – RCW 40.24
Child victims of sexual assault,
identification confidential – RCW
10.97.130
Family Education Rights and Privacy Act
(FERPA) – 20 U.S.C. §1232g
Health Insurance Portability and
Accountability Act of 1996 (HIPAA) – 45
C.F.R. Parts 160 and 164
73
OTHER CIVIL LEGAL NEEDS
Right to Support Person – RCW 70.125.060
Housing: Right to Terminate Tenancy or
Lease – RCW 59.18.575
Housing: Protection against discrimination
– RCW 59.18.580
Housing: Right to possession, new lock or
key – RCW 59.18.585
Interpreters: Right to, Deaf and Hard of
Hearing – RCW 2.42, Non-English Speaking
– RCW 2.43
Employment: Washington Law Against
Discrimination – RCW 49.60
Employment: Title VII of the Civil Rights
Act – 42 U.S.C. §2000e et seq.
Employment: Family and Medial Leave Act
(FMLA) – 29 U.S.C. §2601 et seq
Employment: Washington State Family
Leave Act – RCW 49.78
74
Education: Title IX of the Civil Rights Act –
20 U.S.C. §1681
Education: Family Education Rights and
Privacy Act (FERPA) - 20 U.S.C. §1232g
Washington Unemployment Compensation
– RCW 50.20
Americans with Disabilities Act of 1990
(ADA) – 42 U.S.C. §12101 et seq.
Immigration: Victims of Trafficking and
Violence Prevention Act of 2000 – 22 U.S.C.
§7101 et seq .
MANDATORY REPORTING
Abuse of Children, Reports – RCW
26.44.030
Abuse of Vulnerable Adults – RCW
74.34.035
75
RAPE SHIELD
Civil Cases - Evidence Rule 412
Criminal Cases – RCW 9A.44.020
OTHER
Victims of Sexual Assault Act – RCW 70.125
Restrictions in temporary or permanent
parenting plans – RCW 26.09.191
Civil restraining orders in family law cases
– RCW 26.09.060
Investigation of Child Sexual Abuse,
Protocols – RCW 26.44.180
76
APPENDIX C
STATEWIDE RESOURCES
SEXUAL VIOLENCE LAW CENTER (SVLC)
Provides legal information and referrals to
sexual assault survivors, and advocates and
attorneys working with sexual assault survivors.
In King County, provides direct legal
representation to sexual assault victims with civil
legal needs through Sexual Assault Legal Services
& Assistance program (SALSA).
STATEWIDE LEGAL HELPLINE: 206-624-0621, M-TH
9AM-4PM
SALSA: 1-888-99-VOICE, 24 HOURS
T 206-624-0621 F 206-682-2305
WWW.SVLAWCENTER.ORG
COORDINATED LEGAL EDUCATION, ADVICE &
REFERRAL (CLEAR)
Provides legal advice and referral for low-income
callers.
CLEAR 1-888-201-1014, 9:30-12:30, M-F
CLEAR SR. (60 AND OVER) 1-888-387-7111
TTY 1-888-201-9737
WWW.WASHINGTONLAWHELP.ORG
77
LEGALVOICE
Provides legal information and referral
regardless of income.
LEGAL INFORMATION & REFERRAL
1- 206- 621-7691 / ( 866 ) 259-7720
TTY ( 206 ) 521-4317
ADMINISTRATION ( 206 ) 682-9552
WWW.LEGALVOICE.ORG
NORTHWEST IMMIGRANT RIGHTS PROJECT
Provides assistance with immigration matters.
1-800-445-5771
WWW.NWIRP.ORG
DISABILITY RIGHTS WASHINGTON
For information and assistance for people with
disabilities.
1-800-562-2702 TTY 1-800-905-0209
WWW.DISABILITYRIGHTSWA.ORG
ADDRESS CONFIDENTIALITY PROGRAM
For an application to get a confidential address in
Washington State.
1-800-822-1065
WWW.SECSTATE.WA.GOV/ACP/
78
WA COALITION OF SEXUAL ASSAULT PROGRAMS
(WCSAP)
Statewide membership agency that unites and
supports sexual assault programs in WA.
1-360-754-7583
WWW.WCSAP.ORG
WA COURTS – FORMS & INSTRUCTIONS
Accessible court forms and instructions on how
to complete forms. Available in many different
languages such as Cambodian, Korean, Russian,
Spanish, Tagalog, and Vietnamese.
WWW.COURTS.WA.GOV/FORMS
DOMESTIC VIOLENCE HOTLINE
Provides help and support to victims of domestic
violence.
1-800-562-6025
OFFICE OF CRIME VICTIMS ADVOCACY (OCVA)
OCVA serves as a voice within government for
the needs of crime victims in Washington State.
1-800-822-1067
TTY 360-664-2038
WWW.OCVA.WA.GOV
79
CRIME VICTIMS COMPENSATION
For an application to apply for money to help pay
for you expenses associated with the crime.
1-800-762-3716
WWW.LNI.WA.GOV/CLAIMSINS/CRIMEVICTIMS/DEFAU
LT.ASP
WA STATE COALITION AGAINST DOMESTIC VIOLENCE
(WSCADV)
Statewide membership agency that unites and
supports domestic violence programs in WA.
206-389-2515
TTY 206- 389-2900
WWW.WSCADV.ORG
80
APPENDIX D
SEXUAL ASSAULT PROGRAMS
All Community Sexual Assault Programs (CSAPs)
offer the following free and confidential services
to survivors of sexual violence, their friends and
family and others who request information:
Information & Referral: Trained advocates are
available 24 hours a day to answer questions and
provide resources and referrals.
Crisis Intervention: Trained advocates are
available 24 hours a day to provide an
immediately available, personal response to
individuals in crisis relating to sexual assault.
Legal, Medical & General Advocacy: Advocates
are available to provide legal, medical, and
general information about sexual assault.
Advocates are able to help clients identify their
options and provide in-person support and
advocacy services for clients.
System Coordination: CSAPs coordinate the
network of services available to survivors of
sexual assault and their friends and family
members.
Prevention Services: CSAPs inform the
community about sexual violence to increase
awareness and help facilitate prevention of
sexual violence through education and outreach.
81
ABERDEEN
BEYOND SURVIVAL
313 S. I Street
Aberdeen, WA 98520
Phone: 360-533-9751
Hotline: 888-626-2640
BELLEVUE
CHILDREN'S RESPONSE CENTER
1120 112th Ave NE #130
Bellevue, WA 98004
Phone: 425-688-5130
Hotline: 425-688-5130
TTY: 425-454-1589
http://www.childrensresponsecenter.org/
BELLINGHAM
DV/SA SERVICES OF WHATCOM COUNTY
1407 Commercial Street
Bellingham, WA 98225
Phone: 360-671-5714
Hotline: 877-715-1563
http://www.dvsas.org
82
BINGEN
WASHINGTON GORGE ACTION PROGRAMS –
PROGRAMS FOR PEACEFUL LIVING
1250 E Steuben St
Bingen, WA 98605
Phone: 509-493-1533
Hotline: 800-352-5541
http://www.wgap.ws/Peacful_Living.php
CATHLAMET
ST. JAMES FAMILY CENTER/THE CHARLOTTE HOUSE
PO Box 642
Cathlamet, WA 98612
Phone: 360-795-6401
Hotline: 360-795-6400
http://www.stjamesfamilycenter.org/
CHEHALIS
HUMAN RESPONSE NETWORK
PO Box 337
Chehalis, WA 98532
Phone: 360-748-6601
Hotline: 800-244-7414
83
CLARKSTON
QUALITY BEHAVIORAL HEALTH
900 7th Street
Clarkston, WA 99403
Phone: 509-758-3341
Hotline: 888-475-5665
http://www.qualitybehavioralhealth.com/
COLVILLE
FAMILY SUPPORT CENTER
956 S Main St
Colville, WA 99114
Phone: 509-684-3796
Hotline: 509-684-6139
http://www.ruralresources.org
DAVENPORT
FAMILY RESOURCE CENTER OF LINCOLN COUNTY
PO Box 1130
Davenport, WA 99122
Phone: 509-725-4358
Hotline: 800-932-0932
84
EASTSOUND
DV/SA SERVICES OF THE SAN JUAN ISLANDS
PO Box 1516
Eastsound, WA 98245
Phone: 360-376-5979
Hotline: 360-378-2345 (San Juan)
Hotline: 360-376-1234 (Orcas)
Hotline: 360-468-4567 (Lopez)
http://www.dvsassanjuans.org
ELLENSBURG
ABUSE SUPPORT AND PREVENTION EDUCATION NOW
(ASPEN)
220 W 4th Ave
Ellensburg, WA 98926
Phone: 509-925-9384
Hotline: 866-925-9384
http://www.cwcmh.org
EVERETT
PROVIDENCE INTERVENTION CENTER FOR ASSAULT AND
ABUSE
2722 Colby Ave #200
Everett, WA 98201
Phone: 425-388-7408
Hotline: 425-252-4800
85
FORKS
FORKS ABUSE PROGRAM
PO Box 1775
Forks, WA 98331
Phone: 360-374-6411
Hotline: 360-374-2273
KELSO
EMERGENCY SUPPORT SHELTER
PO Box 877
Kelso, WA 98626
Phone: 360-425-1176
Hotline: 360-636-8471
http://www.esshelter.com
KENNEWICK
SEXUAL ASSAULT RESPONSE CENTER
830 North Columbia Center Blvd #H
Kennewick, WA 99336
Phone: 509-374-5391
Hotline: 509-374-5391
http://www.sexualassaultresponsecenter.com
MOSES LAKE
NEW HOPE DV/SA SERVICES
840 East Plum
Moses Lake, WA 98837
Phone: 509-764-8402
Hotline: 888-560-6027
86
MOUNT VERNON
SKAGIT DOMESTIC VIOLENCE/SEXUAL ASSAULT
SERVICES
PO Box 301
Mount Vernon, WA 98273
Phone: 360-336-9591
Hotline: 888-336-7591
http://www.skagitdvsas.org
NEWPORT
PEND OREILLE CRIME VICTIM SERVICES
PO Box 944
Newport, WA 99156
Phone: 509-447-2274
Hotline: 509-447-5483
http://www.pofcn.org
OAK HARBOR
CITIZENS AGAINST DOMESTIC AND SEXUAL ABUSE
PO Box 190
Oak Harbor, WA 98277
Phone: 360-675-7057
Hotline: 800-215-5669
http://www.cadacanhelp.org
87
OLYMPIA
SAFEPLACE
314 Legion Way SE
Olympia, WA 98501
Phone: 360-786-8754
Hotline: 360-754-6300
http://www.safeplaceolympia.org
OMAK
THE SUPPORT CENTER
PO Box 3639
Omak, WA 98841
Phone: 509-826-3221
Hotline: 888-826-3221
http://www.thesupportcenter.org
PORT ANGELES
HEALTHY FAMILIES OF CLALLAM COUNTY
1210 East Front Street, Suite #C
Port Angeles, WA 98362
Phone: 360-452-3811
Hotline: 360-452-4357
http://www.healthyfam.org
PORT ORCHARD
KITSAP SEXUAL ASSAULT CENTER
PO Box 1936
Port Orchard, WA 98366
Phone: 360-479-1788
Hotline: 360-479-8500
88
PORT TOWNSEND
DV/SA PROGRAM OF JEFFERSON COUNTY
PO Box 743
Port Townsend, WA 98368
Phone: 360-385-5291
Hotline: 360-385-5291
http://www.dvsajeffco.org/
PULLMAN
ALTERNATIVES TO VIOLENCE OF THE PALOUSE
PO Box 37
Pullman, WA 99163
Phone: 509-332-0552
Hotline: 509-332-4357
http://www.atvp.org
REPUBLIC
CONNECTIONS
PO Box 1120
Republic, WA 99166
Phone: 509-775-3331
Hotline: 509-888-HELP
http://www.findsafety.org
89
RAYMOND
CRISIS SUPPORT NETWORK
PO Box 311
Raymond, WA 98577
Phone: 360-875-6702
Hotline: 800-435-7276
http://www.crisis-support.org
SEATTLE/RENTON
KING COUNTY SEXUAL ASSAULT RESOURCE CENTER
PO Box 300
Renton, WA 98057
Phone: 425-226-5062
Hotline: 888-99voice
http://www.kcsarc.org
SEATTLE
ABUSED DEAF WOMEN'S ADVOCACY SERVICES
8623 Roosevelt Way NE
Seattle, WA 98115
Phone: 206-726-0093 (TTY)
TTY Hotline: 888-236-1355 (TTY)
http://www.adwas.org
90
SEATTLE
HARBORVIEW CENTER FOR SEXUAL ASSAULT &
TRAUMATIC STRESS
325 9th Ave MS359947
Seattle, WA 98104
Phone: 206-521-1600
Hotline: 206-744-1600
TTY: 206-521-1808
http://www.hcsats.org
SHELTON
CENTER FOR ADVOCACY & PERSONAL DEVELOPMENT
PO Box 1576
Shelton, WA 98584
Phone: 360-426-6925
Hotline: 360-490-5228
TTY: 800-621-0394
SPOKANE
SEXUAL ASSAULT & FAMILY TRAUMA (SAFET)
RESPONSE CENTER
210 W Sprague Ave
Spokane, WA 99201
Phone: 509-747-8224
Hotline: 509-624-7273
http://www.lcsnw.org/spokane/SAFeT.html
91
STEVENSON
SKAMANIA COUNTY COUNCIL ON DV & SA
PO Box 477
Stevenson, WA 98648
Phone: 509-427-4210
Hotline: 877-427-4210
SUNNYSIDE
LOWER VALLEY CRISIS & SUPPORT CENTER
PO Box 93
Sunnyside, WA 98944
Phone: 509-837-6689
Hotline: 509-837-6689
http://www.yakimacounty.us/CommSvcs/direct
ry/crisis.htm
TACOMA
SEXUAL ASSAULT CENTER OF PIERCE COUNTY
633 N Mildred St #J
Tacoma, WA 98406
Phone: 253-597-6424
Hotline: 800-756-7273
http://www.sexualassaultcenter.com
92
VANCOUVER
YWCA OF CLARK COUNTY - SEXUAL ASSAULT
PROGRAM
3609 Main St
Vancouver, WA 98663
Phone: 360-696-0167
Hotline: 360-695-0501
http://www.ywcaclarkcounty.org/
WALLA WALLA
YWCA OF WALLA WALLA
213 S 1st Ave
Walla Walla, WA 99362
Phone: 509-525-2570
Hotline: 509-529-9922
http://www.ywcaww.org
WENATCHEE
DOMESTIC & SEXUAL VIOLENCE CRISIS CENTER OF
CHELAN & DOUGLAS COUNTIES
PO Box 2704
Wenatchee, WA 98801
Phone: 509-663-7446
Hotline: 509-888-HELP
http://www.findsafety.org
93
YAKIMA
YAKIMA SEXUAL ASSAULT PROGRAM
PO Box 959
Yakima, WA 98907
Phone: 509-575-4084
Hotline: 509-452-9675
http://www.cwcmh.org
If you need further assistance finding your local
rape crisis center, please contact the WASHINGTON
COALITION OF SEXUAL ASSAULT PROGRAMS AT
1.360.754.7583 or visit WWW.WCSAP.ORG
94
This project was supported by Grant No. 2009-WL-AX-2009
awarded by the Office on Violence Against Women,
U.S. Department of Justice.
The opinions, findings, conclusions, and recommendations
expressed in this publication are those of the author(s)
and do not necessarily reflect the views of
the Department of Justice, Office on
Violence Against Women.
810 Third Avenue, Suite 500
Tel: 206.624.0621
Fax: 206.682.2305
www.svlawcenter.org
©2010 by the Sexual Violence Law Center (SVLC). All Rights Reserved.

If You Have Been Raped or Sexually Assaulted

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