Massachusetts District Attorneys Association the massachusetts prosecutors’ manual: domestic violence & sexual assault

2.5.RAPE CRISIS CENTERS AND DOMESTIC VIOLENCE SHELTERS

2.5.1.Rape Crisis Centers and Counselors

As outlined in the section on the history of rape law reform above, rape crisis centers have played and continue to play a critical, leading role in advocating for justice, healing and safety for survivors of sexual assault.  The centers provide free counseling and advocacy services, as well as legal advocacy or referrals for legal assistance.  The centers also provide prevention, educational and outreach services to their communities.

For 30 years, rape crisis centers have been the only resource for free, confidential support and advocacy services for victims of rape and sexual abuse.  Services offered by rape crisis centers are available to females and males who are thirteen years of age or older.  Rape crisis centers’ philosophy is based on an “empowerment model” and is representative of the philosophy of the eighteen comprehensive rape crisis center sites presently funded, in part, by state and federal funds in Massachusetts.  Counseling based on an empowerment model involves non-judgmental guidance.
Rape crisis center counselors are not trained to advocate for, or cooperate with, a criminal prosecution per se; they are trained to help each victim assess the best course of action in each unique situation.  As indicated in the philosophy quoted above, the centers acknowledge the benefits to some victims in participating in a criminal case.  Do not misjudge a rape crisis center counselor as an impediment to criminal prosecution.  Do not pass up the opportunity to inform a victim about the services offered by rape crisis centers, particularly if you and the Victim Witness Advocate have been unable to resolve a victim’s fears or concerns about participating in a criminal case. The support a counselor can provide may enable a survivor to maintain the strength to persevere through a case.
Victims considering asking for counseling or other assistance at a rape crisis center may be further comforted by the fact that victims who speak with rape crisis counselors enjoy a unique privilege of statutory confidentiality. “A sexual assault counselor shall not disclose such confidential communication, without the prior written consent of the victim; provided, however, that nothing in this chapter shall be construed to limit the defendant’s right of cross-examination of such counselor in a civil or criminal proceeding if such counselor testifies with such written consent.”  Mass. Gen. Laws c. 233, §20J.  “Such confidential communications shall not be subject to discovery and shall be inadmissible in any criminal or civil proceeding without the prior written consent of the victim to whom the report, record, working paper or memorandum relates.” Id.  (For a more thorough understanding of the parameters of the privilege, please review section 5.4, infra.)
As a matter of protocol, rape crisis center counselors are notified whenever a Sexual Assault Nurse Examiner (SANE) is notified to conduct a rape kit exam at a hospital emergency department.  The SANE asks the victim for permission to introduce her to the rape crisis counselor.  If the victim wishes, the rape crisis center counselor may stay with the victim throughout the kit exam.   Many hospital emergency departments that are not registered SANE sites also follow this practice, and notify the local rape crisis center when a patient presents and makes a complaint (or evidences) a sexual assault.       
The Victim Rights Law Center (VRLC) was originally founded as a venture of the Boston Area Rape Crisis Center.  The two organizations are now independent, but work collaboratively.  Their missions remain united: “to bring healing, justice, and safety to rape survivors and advocate against sexual violence.” The underlying philosophy at the VRLC is that sexual assault impacts every aspect of a survivor’s life.  Through civil legal remedies, VRLC’s mission is to give sexual assault victims the legal information and representation they need to reclaim their lives and become survivors.  The attorneys at the Law Center provide free and private civil legal representation to victims on several issues, including safety, employment, education, immigration, disability rights, privacy rights, and housing needs.  They also confer with victims on the civil and criminal justice systems.  
Civil legal services are provided based on the “empowerment model”, where survivors can make their own decisions regarding what their needs are and how remedies are achieved.  Legal representation is provided in a manner and at a pace that is comfortable to the victim and consistent with her healing.
Because the VRLC’s services are rooted in a holistic approach to sexual assault services, it understands that legal services are a crucial need, but are just one aspect of a survivor’s recovery.  Therefore VRLC maintains close ties to its community partners, striving to provide a “safety net” so that referrals to other necessary service providers happen seamlessly. 

2.5.2.Domestic Violence Shelters and Advocates

More than sixty domestic violence crisis centers are members of Jane Doe, Inc., the Massachusetts Coalition Against Sexual Assault and Domestic violence.  As with Rape Crisis Centers, while these programs receive state and federal funds there is no requirement that victims make use of their services and participate in prosecuting the offender.  Domestic violence agencies’ philosophy is also based on an “empowerment model” and is representative of the philosophy of the fifty-seven comprehensive domestic violence agencies presently funded in part by state and federal funds in Massachusetts.  Counseling based on an empowerment model involves non-judgmental guidance.

The primary goal of the domestic violence centers and shelters is to provide services and counseling to abused women and their children. The centers conduct prevention education sessions, particularly at schools, and help train medical and law enforcement personnel in the dynamics of abusive relationships.
Many domestic violence shelters have trained advocates who provide counseling and support for a victim who is filing for a restraining order, filing a complaint, or testifying in court. 
Shelter workers are careful to avoid publicizing the address of shelters in order to better protect victims from their abusers.  Most shelters have rules for guests such as no alcohol or substance abuse, and limits for the length of stay.  The centers provide assistance in relocating, finding employment, and obtaining financial services.  Unfortunately, residential shelters are often filled to capacity. 
Another important resource is SafeLink.  SafeLink is the first Massachusetts statewide domestic violence hotline and is operated by Casa Myrna Vazquez, Inc. in Boston. Between 2005 and 2006, SafeLink received over 30,000 calls.  SafeLink is answered by trained advocates 24 hours a day in English, Spanish and TTY (1-877-521-2601). It also has the ability to provide multilingual translation in more than 140 languages.  SafeLink is a resource for all victims of domestic violence.  Each caller will speak to a trained advocate who will provide non-judgmental support and assistance. SafeLink does not provide advice. Callers are assisted in identifying the options that are appropriate for their situation.  SafeLink is intended to complement, but not to replace the network of domestic violence organizations that provide life-saving services across the Commonwealth.  Through participation in the Jane Doe telecommunications network, emergency shelters are able to share information about the available shelter space for victims of domestic violence.  SafeLink facilitates easier access to shelters by operating nine lines at one time and by using technology to link callers with emergency shelter programs.  This system ensures that a victim of domestic violence will receive immediate access to assistance rather than having to call individual programs across the state. 
The number for SafeLink is 1-877-785-2020.  SafeLink is a 24-hour, free and multi-lingual hotline for programs in Massachusetts.  An advocate will talk about a victim’s needs and will help identify shelters, programs and other resources. They can connect victims to services for both domestic violence and sexual assault.