A Guide to Advocacy Services

What is Advocacy?
After sexual assault, you may want someone to help you decide what to do. You may want to go to the hospital for medical care. You may want to report the attack to the police. You may decide that you want the prosecutor to file criminal charges against the attacker.

During each step, you can get help from a person called an advocate. The advocate will help you, your family and your friends by giving you information and assistance at the hospital, police station and throughout the court process. This help is called advocacy.

Thirty-one rape crisis centers in Illinois have an advocate ready to help you. This booklet explains how you can find an advocate and what she can do for you.

This booklet focuses on advocacy services for adults. If you need advocacy services for a child, contact the nearest rape crisis center. 

What is an Advocate?
An advocate supports the sexual assault victim. She is a source of comfort, support and information for the victim and her loved ones. 

The advocate knows about the medical care a victim receives after the attack, how the police can help, and how the court system works. She is the victim's personal link to the medical, police and court systems.

An advocate knows the workers at the hospital, police station, state's attorney's office and courthouse. She works with these people to help the victim. She helps them understand sexual assault and support the victim. The advocate is available for the victim through every step of every process. 

How Can I Get an Advocate?
Most advocates work at a rape crisis center. All advocates are specially trained about sexual assault, emergency room procedures and the rape crisis center.

There are several ways a victim or her family and friends can get an advocate.

1)

Call the nearest rape crisis center that is a member of the Illinois Coalition Against Sexual Assault (ICASA).  Each center can provide an advocate at any time, day or night, in its service area.

2)

Go to a hospital emergency room. Ask the nurses or hospital employees to call an advocate for the victim. The advocate will come to the hospital to help the victim if the victim wants her to.

3)

Call the police. Ask the police to call an advocate.

Remember, the advocate can be contacted at any time after the assault to help a victim. If the victim has already reported to the police or received medical care, an advocate can still help the victim through the court system. 

Does the Victim Pay for the Advocate?
No. The victim does not pay for an advocate's help. Rape crisis centers receive special funds to pay advocates' salaries. 

What Does an Advocate Do?
After sexual assault, victims make decisions about medical care and police reporting. A victim may call a rape hotline. She may go to the hospital emergency room. She may call the police. The victim can ask the advocate to talk with hospital staff, police and state's attorneys on her behalf.

At each step, the advocate explains to the victim what will happen.

bullet She helps the victim understand her choices and the decisions she is making.
bullet She protects the victim's right to be respected at all times.
bullet The advocate speaks up for the victim's rights and wishes. She will help the victim get information about her case.

The advocate works with the victim when the victim is:

bullet Going to the hospital.
bullet Reporting to the police.
bullet Going to court.

Going to the Hospital
An advocate can meet the victim at the hospital. The victim or hospital staff can call for an advocate. 

At the hospital, the victim may ask the advocate for support in several ways. If the victim wants her to, the advocate will:

bullet Wait with the victim.
bullet Call the victim's family or friends.
bullet Explain the medical exam and the evidence collection procedure.
bullet Stay with the victim during the exam.
bullet Help the victim get morning-after contraception if the hospital does not provide this medication.
bullet Bring clothes for the victim to wear home from the hospital.
bullet Talk to the police and help the victim decide if she wants to talk to the police.
bullet Call a locksmith if the victim's home was broken into.
bullet Arrange transportation and lodging if the victim needs it.

After the hospital visit, the same advocate or another advocate will help the victim with the police and court systems.

Reporting to Police
If the victim chooses to report the attack to the police, the advocate can:

bullet Explain how to report the attack to the police.
bullet Go with her to the police station and wait while she reports the attack.
bullet Explain the victim's rights throughout the police investigation.
bullet Go with her to identify the attacker in a police lineup.

Going to Court
If the victim chooses to take her case to trial, her case will be handled by a state's attorney. The state's attorney is the lawyer who prosecutes the attacker. The advocate will work with the state's attorney to keep the victim updated on the case and make sure the victim's rights are respected.

During the court process, the advocate can:

bullet Go with the victim to the state's attorney's office and be available to discuss how the case will be handled.
bullet Talk with the state's attorney to make sure the proper charges are filed.
bullet Explain the trial process to the victim, answer her questions and get information for her.
bullet Work with the state's attorney to prepare the victim to testify at the trial.
bullet Go to court with the victim when she testifies.
bullet Keep the victim updated on the case.
bullet Contact the victim's employer to explain why she may need to miss work to go to court.
bullet Help the victim write a Victim Impact Statement to give to the judge if the attacker is convicted.

An advocate will help the victim through every step of the medical care, police process and trial, no matter how long that takes.

What Doesn't an Advocate Do?

1)

An advocate does not make decisions for the victim.

She does not persuade the victim to make a particular decision about reporting, filing charges or taking the case to court. The advocate will give the victim all the information she needs to make a decision, and make sure that decision is respected at all times.  

2)

An advocate does not investigate the case.

If the victim decides to report the crime or prosecute the attacker, the advocate does not investigate or gather facts to be used at the trial.

3)

An advocate is not the victim's lawyer.

The advocate helps the victim work with the state's attorney if she decides to prosecute the attacker. The state's attorney will handle the case at trial. 

4)

An advocate does not testify in court for the victim.

The advocate will sit in the courtroom with the victim. But she will not testify. This is so she can protect the victim's right to confidentiality about whatever the victim has said to the advocate.

5)

An advocate does not counsel the victim.

As part of helping the victim through the medical, police and court systems, the advocate talks with the victim about her feelings during these steps. But, if a victim wants more counseling, the advocate will find a counselor to help the victim with her emotional recovery from the attack.

What are My Rights as a Victim?
A sexual assault victim is guaranteed certain rights under the Illinois Constitution and the Rights of Crime Victims and Witnesses Act. Among other things, the victim has the right to be notified about the status of her case and to be involved in decisions about the progress and outcome of her case. An advocate can get a copy of this Act for the victim and fully explain it. Following is a list of things the law requires for sexual assault victims: 

The Rights of Crime Victims

bullet The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
bullet The right to notification of court proceedings.
bullet The right to communicate with the prosecution.
bullet The right to make a statement to the court at sentencing.
bullet The right to information about the conviction, sentence, imprisonment and release of the accused.
bullet The right to the timely disposition of the case following the arrest of the accused.
bullet The right to be reasonably protected from the accused through the criminal justice process. 
bullet The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial. 
bullet The right to have present at all court proceedings, subject to the rules of evidence, an advocate or other support person of the victim's choice.
bullet The right to restitution. 

The Right to Confidentiality

Under Illinois law, the victim has the right to confidentiality at the rape crisis center. Anything she tells the advocate is confidential. Only the victim decides if the information can be told to anyone else.

Does the Advocate Know the Sexual Assault Laws?
The advocate has special training about the sexual assault laws in Illinois. She can work with the police and state's attorneys to make sure these laws are carefully enforced.

What is the Law?

Here is a little information about the Illinois Criminal Sexual Assault Act.

1)

If the attacker used force to sexually penetrate the victim's body, this is called Criminal Sexual Assault.

2)

If the attacker used a weapon or threatened to kill the victim during the sexual assault, this is called Aggravated Criminal Sexual Assault. 

3)

If the attacker used force to touch the victim's sex organs, anus or breast, or made the victim touch the attacker in those places, this is called Criminal Sexual Abuse.

4)

If the attacker used a weapon or threatened to kill the victim during the sexual abuse, this is called Aggravated Criminal Sexual Abuse. 

5)

Sexual assault and sexual abuse are crimes. They are crimes even if:

  • the victim knew the attacker
  • the victim did not fight back
  • the victim had sex with the attacker before the  attacker raped her
  • the victim was drunk or unconscious

Remember…

bullet Sexual assault is a crime.
bullet Anyone can be a victim of sexual assault.
bullet The victim is not to blame.
bullet The victim has rights to respect, information and confidentiality.
bullet An advocate can support the victim and give her information about her choices.
bullet An advocate will support a victim at every stage of the criminal justice process: at the emergency room, in her decision regarding whether to report to law enforcement, throughout the investigation, and during the prosecution and trial. 
bullet Advocacy services are available 24 hours a day, free of charge. Call the rape crisis center nearest you for more information.