Tennessee Victim Assistance Academy The Role of the Advocate Kathy Walsh Tennessee Coalition Against Domestic and Sexua

2. Learning Objectives Understand Victims’ Rights in Tennessee. Identify the roles associated with advocacy, including crisis intervention and case management. Understand ethical considerations and confidentiality associated with working with crime victims.

5. State of Tennessee Victim’s Rights 5. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. 6. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. 7. The right to restitution from the offender. 8. The right to be informed of each of the rights established for victims.

6. Victims of Crime State Coordinating Council The state of Tennessee has a council devoted to the needs of crime victims. The Victims of Crime State Coordinating Council was established by the Tennessee General Assembly in 2002 and is organized and administered in accordance with provision of Part 4, Chapter 38, of Title 40 of the Tennessee Code. The purpose of the Council is to promote awareness of the needs of victims of crime and families of victims of crime, to provide information and resources to victims of crime, and to coordinate and assist the efforts of victims’ rights organizations. The Council does not assist individual victims or their families, but refers to the appropriate persons or organizations which are qualified to assist such victims, or advises victims of resources.

8. What is an Advocate? By definition, to advocate literally means "to act as the voice of.” Like all attempts to express a complex reality in a word, the term "advocate" is not perfect.

9. What is an Advocate? Advocates speak up for women, children, and oppressed people when others won't. Advocates negotiate and strive for systems change. Advocates empower victims to find and use their own voices.

10. What is an Advocate? Advocates do not necessarily have professional degrees. "Our credentials should be based on the level of comprehension we have about the work, the compassion for . . . women and their children that we possess, our ability to guide women through systems, and a personal commitment to social change" (Agents for Change, 1997).

11. How many hats does an advocate wear?

13. So what is the REAL work? The work of advocates is to speak the truth about victimization and to encourage and support victims to speak the truth about the victimization in their lives.

14. So what is the REAL work? The work of advocates is to help victims access their own internal power and use it to build the kind of lives they want to have.

15. So what is the REAL work? In order to do this work, an advocate must understand his/her own power, both their own internal power and the power they derive from the victims they serve.

16. Power Over or Power With-In? It is helpful when talking about power to distinguish between power-over and power-within (Starhawk, 1989). Power-over (we can also use the term "control") is the basic model, the underlying structure of almost all relationships in one’s culture.

17. Power Over or Power With-In? Employers have power over their employees. The wealthy have power over the poor. White people have power over people of color. And men have power over women.

18. Power Over or Power With-In? Violence is one of the ways in which those with power over another group maintain their dominance. The message of this violence is that members of oppressed groups had better not step out of line.

19. In the same way, advocates have power over the victims they serve. Advocates have the power to give or withhold safety, protection, life itself from the victims they serve. Blatant abuses such as "sexual harassment, economic exploitation, emotional abuse, racism, homophobia, and other abuses of power of survivors by advocates happen (Agents for Change, 1997).“

20. Abuse of Power Guiding victims to make "choices" that reflect the advocate's values rather than the victims. Providing less zealous advocacy to victims who are considered confrontational, abrasive, demanding, i.e., victims who don't defer to the advocate.

21. Abuse of Power Taking actions "on behalf of victims" that have the effect of trading one group of victim’s interests for another's. Making Assumptions about the needs of a victim based on the advocates history/ experience without consulting the victim him/herself.

22. A Good Advocate Seeks creative solutions to problems. Sees victims and their problems as singular and individual, and the possible solutions as multiple.

23. A Good Advocate Views problems from the victim's perspective and works from there. Uses an advocacy model, as opposed to a social service model, coordinating a variety of resources toward the goal of providing services to the victim as he/she defines it.

24. A Good Advocate Teaches and supports victims to be their own advocates. Helps victims talk through their situations to figure out what their goals are and what steps they should take to reach these goals. Works with victims to support them in speaking up for themselves.

25. A Good Advocate Focuses on system-wide changes to benefit all victims using the legal system and the social service systems. Works to insure that every victim gets justice whether she has an advocate or not.

26. A Good Advocate Builds on the strengths of the victims with whom they work. Victims have survived abuse because they are strong, capable, and resourceful. Helps victims to recognize their own strengths and to put those strengths together with other resources, such as the protection of the legal system, to help victims secure the safety they deserve.

27. Legal Advocacy When an individual talks about legal advocacy, they are talking about helping victims who choose, with full knowledge of available options, to use the legal system to protect themselves. In helping victims to decide which options to pursue, an advocate must give them all the information he/she possesses on all options both legal and extra-legal and the pros and cons of all options.

28. Legal Advocacy An advocate must be honest about the ability of victims to get true justice from the legal system, pointing out drawbacks which include inadequacies in enforcement of legal solutions.

29. Barriers to Legal Relief Sexism; Racism; Homophobia; Classism; Immigrant status; Age; Disabilities; Involvement in activities such as drug or alcohol use or prostitution; and Previous experience with the legal system, such as prior arrests.

30. While acknowledging the limits that exist for many victims to find justice and protection through the legal system, an advocate must also constantly be working against those limits.

31. Key Requirements for Systemic Change Become and expert in what the laws do and do not say. Never accept less than what the law requires. Try different strategies until you find one that works.

32. S.A.R.A. Spot and study a problem.

33. S.A.R.A. Analyze the problem. Identify attempted and potential solutions. Consider the role of the community in exacerbating or alleviating the problem. Examine the costs and benefits of the array of possible interventions. Figure out who might be willing and able to engage in solution strategies.

34. S.A.R.A. Respond to the problem. Choose the most promising interventions. Develop a detailed plan for implementing the solution.

35. S.A.R.A. Assess the efficacy of the intervention. Evaluate the response. Discuss any problems that arose.

36. S.A.R.A. Ask: Was the definition of the problem faulty? Were adequate resources (both human and material) applied to the solution? How might the intervention be modified to achieve better success? How might we build the capacity of the victim and the community to maximize interventions?

37. S.A.R.A. Spot and study a problem. Analyze the problem. Respond to the problem. Assess the efficacy of the intervention.

38. “Gentle pressure relentlessly applied”

39. Ethical Concerns A professional code of ethics is part informal and part formal, and essentially describes the terms of relations to the client, other professionals, and society. A code should be a broad summary of the moral behavior that is expected of every practitioner. The Office for Victims of Crime has recommended a code of ethics for victim service providers (OVC 1998). The National Organization for Victim Assistance (NOVA) and Mothers Against Drunk Driving (MADD) are two national organizations that have developed codes of ethics (NVAA 2002, Chapter 20)

40. Victim Assistance and Ethical Obligations Most advocates would identify the victim as its chief client. But some advocates may also be obliged to serve the justice system, such a a victim-witness coordinator, which may be in conflict with the needs of the victim as a client. How would a victim advocate address this concern?

41. Victim Assistance and Ethical Obligations Obliged to "undertake only those tasks that are within their competence . . . the determination of what counts as sufficient or minimally adequate competence . . . is a complex problem" (Ozar 1993, 169). At what point during the provision of comprehensive services to victims should/can a practitioner refer to another profession and what is the availability of service by that profession? (NVAA 2002, Chapter 20)

42. Confidentiality The victim assistance provider is to be aware of and abide by program policy and legal authority governing confidential information in the jurisdiction. The person served is to be provided with information regarding limits of confidentiality; preferably, this information should be provided in the first meeting (unless crisis circumstances render this infeasible).

43. Confidential communications are not to be disclosed except: In the course of formally reporting to, or conferring or consulting with administrative superiors and colleagues who share professional responsibility, in which instance all recipients of such information are similarly bound to regard the communication as confidential.

44. Confidential communications are not to be disclosed except: With the written consent of the person who provided the information.

45. Confidential communications are not to be disclosed except: In the case of death or disability, with the written consent of a personal representative or the beneficiary of an insurance policy on the person’s life, health, or physical condition. Special consideration may be given to domestic violence cases or other cases in which disability may have been inflicted by the personal representative (e.g., if a batterer is the personal representative, disclosure of confidential communications could put the victim at future risk).

46. Confidential communications are not to be disclosed except: When a communication reveals the intent to commit a crime or harmful act and such disclosure is judged necessary to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to thwart a serious threat to the public safety.

47. Confidential communications are not to be disclosed except: When a medical emergency occurs and the victim is not able to authorize the release of information, information limited to the medical emergency may be disclosed.

48. Confidential communications are not to be disclosed except: When the person waives confidentiality by bringing any public charges against the provider. As appropriate, in accordance with legal authority and program policy.

49. Confidential communications are not to be disclosed except: Disclosure of child abuse.

50. Other Considerations It is appropriate to provide statistical information to an outside source, without revealing victim identity. The victim assistance provider shall not use confidential communications to the disadvantage of the victim or to the advantage of the victim assistance provider.

52. TCADSV Provides training, technical assistance, and resources to communities. Operates the Immigrant Legal Clinic. Advocates on public policy issues of concern to victims of domestic and sexual violence.

53. TCADSV Monitors state and federal legislation. Serves as a vehicle to promote social change. Operates the Domestic Violence State Coordinating Council and the Victims of Crime State Coordinating Council.

54. TCADSV Conducts research. Develops and implements statewide community awareness campaigns. Holds annual conference and events. Facilitates regional meetings and trainings. Holds annual Victim Assistance Academy.

55. TCADSV Produces and updates Judicial Bench Book, Legal Advocacy Manual, 40 hour Law Enforcement Curriculum, and Selected Domestic and Sexual Violence Laws. Resources available on our websites, www.tcadsv.org and www.tnblue.org

56. Contact Us www.tcadsv.org kwalsh@tcadsv.org 800-289-9018 (615) 386-9406 2 International Plaza, Suite 425 Nashville, TN 37087