Apr
13
New Campaign Informs Texans about Important Laws for Sexual Assault Survivors
Filed Under Announcement | By | 1 Comment
A statewide public awareness campaign officially began this past Monday with the launch of a website dedicated solely to information about two laws passed during the 81st legislative session.
The first law provides important options for someone sexually assaulted in a rental property where they live. Texas Property Code 92.0161 allows a victim of sexual assault to break a lease at an apartment or another rental property without having to pay financial penalties such as future rent or any fees for ending the lease early.
“This is an important law that protects renters from what can be an unsafe situation,†said TAASA Executive Director Annette Burrhus-Clay. “By at least 
having the option to break a lease and move out, it makes it possible to begin the process of healing – emotionally, mentally and physically.â€
According to the law, a lease can be broken with 30 days notice and written documentation that the assault happened at the rental property within the last six months before breaking the lease. Acceptable forms of documentation include a protective order issued by a court, or paperwork showing that the renter had medical treatment or mental health treatment from a licensed provider, or received services at a rape crisis center. A police report is not required and the tenant can move out as soon as he or she gives notice.
The second law has to do with sexual assault exams. A sexual assault 
examination (also called a medical forensic exam) is a procedure conducted by a medical professional to treat and diagnose a victim of sexual assault while also collecting evidence of the crime.
Texas law now states that if a sexual assault victim is not ready to get police involved, she or he still has the option to have a sexual assault examination conducted.
“It’s called a ‘non-report sexual assault exam,’†Burrhus-Clay said. “And that means medical treatment can be given and important evidence can be collected, except the survivor can choose to involve police later, or even not at all.â€
Additionally, there is no law requiring medical facilities to report sexual assaults of adults to law enforcement, so the decision to report is entirely the survivor’s. This important change in the law balances the needs of the victim and the criminal justice system by allowing survivors to preserve important evidence and still take the time they need to decide whether to report.
Combined, these two laws extend the rights of sexual assault victims while giving them options to take control of the situation.
“If you or somebody you love has been sexually assaulted, take the time to learn more about your rights,†Burrhus-Clay said. “Knowing about these two laws can make a real difference when it comes to empowering yourself or someone you love.â€
Billboards are up in El Paso, Laredo, Amarillo, Brownsville and San Angelo. 
Radio spots began today in Austin (The Beat 102.3); Houston (Hot 95.7 and Mega 101); Dallas (103.7 Lite and Mega 107.5) and San Antonio (The New 94.1 and La Ley 95.7). Additionally, a print ad will appear in 248 community newspapers across the state.
Visit www.HopeLaws.org for more information.
Sep
29
Don’t miss it!
Tags: forensics, Law and Order: SVU, Mariska Hargitay, media, rape kit backlog
Filed Under Announcement, News | By Linda Hunter | 1 Comment
“Behave,†a special episode of Law and Order: Special Victim’s Unit will air tonight at 8 p.m. CST on NBC. Written by executive producer, Neal Baer, the episode spotlights the backlog of untested evidence collection kits and how that backlog affects survivors and allows perpetrators to escape any accountability for their crimes.
In her Sept. 24 SVU Production blog Mariska Hargitay says,
One of the most rewarding aspects of working on SVU is the show’s ability to shine a light on the problem of sexual violence. This next episode is one of the most meaningful I have ever done, and it stands as a powerful example of the way we aim to raise awareness about these difficult issues.
Rape crisis hotlines may expect an increase in calls during and following the episode which includes information about the Rape, Abuse and Incest National Network (RAINN).
When Mariska Hargitay began her role as Detective Olivia Benson on SVU over 10 years ago, she wasn’t prepared for the kinds of “fan†letters she received from victims telling her of sexual assaults they’d suffered, some many years before. For many of the survivors, Mariska was the first person they’d told about the assault. She was deeply touched by their stories—and motivated to use her visibility and influence to do something about what she saw as a “silenced epidemic.â€
I felt a great responsibility to these brave men and women and wanted them to know that they had been heard and that they could have hope. I studied the subject, trained to become a crisis counselor, and used my visibility as an actress to become an advocate.
So, in 2004 Mariska founded the Joyful Heart Foundation, an organization dedicated to helping survivors heal and reclaim their lives. Since that time, Mariska’s (and the foundation’s) work to bring a voice to the “silenced epidemic†of sexual violence has expanded significantly.
In May she joined survivors, activists, experts and legislators who testified on the rape kit backlog before the U.S. House of Representatives Judiciary Subcommittee on Crime, Terrorism, and Homeland Security. Testimony urged legislators to enact victim-centered reforms and prevent future backlogs.  Mariska specifically stressed that survivors must be at the center of the dialogue and reforms.
These kits represent human beings who have suffered greatly. Testing their rape kits sends victims the fundamental and crucial message that they and their cases matter. Not testing them sends the opposite message.
On Wednesday, the Joyful Heart Foundation will launch a new web project designed to serve as a comprehensive resource on the evidence collection kit backlog:Â www.endthebacklog.org.
You can also find excellent resources at http://www.nsvrc.org/projects/eliminating-rape-kit-backlog.
Watch the episode with me tonight. Then share your responses here or on TAASA’s Facebook page.
May
14
The Penalty Shouldn’t Include Sexual Violence!
Tags: human rights
Filed Under Announcement, News | By Torie Camp | Leave a Comment
Every year, more than 100,000 men, women and children are victimized while behind bars, usually by corrections officials whose very job it is to keep them safe. The U.S. Attorney General is currently reviewing national standards aimed at preventing and addressing this type of abuse.
On Monday, TAASA, along with thirty rape crisis centers, submitted comments in support of the standards. If fully implemented, the national standards will spare countless Americans the horror of sexual abuse.
We are pleased to submit these comments and firmly believe that everyone – regardless of custody status – should be free of sexual violence.
To read TAASA’s comments letter, please click here.
Find out more about efforts to end sexual abuse in all forms of detention at Just Detention International.
Mar
24
Supreme Court to Hear Oral Arguments on Adult Entertainment Fee
Filed Under Announcement | By | Leave a Comment
The Supreme Court of Texas will hear oral arguments regarding the adult entertainment fee (Texas Entertainment Association, Inc. and Karpod, Inc. vs. Susan Combs, Comptroller of The State of Texas and Greg Abbott, Attorney General ) at St. Mary’s School of Law in San Antonio on Thursday, March 25. The proceedings are open to the public and will also be broadcast live on the web at: http://www.stmarytx.edu/law/index.php?site=supremeCourtWebcasts.
The $5-per-patron fee, which the Legislature approved in 2007, applies to clubs that allow for live nude dancing and the consumption of alcohol.  In December of 2007, strip club owners filed suit to block the charge alleging the fee violates their constitutional right to free speech.
“This is an important case for the First Amendment, but not for the reasons the strip club industry would have you believe,†said Clay. “The Solicitor General of Texas, James Ho, has said it best: ‘The first amendment protects freedom of speech, not the right to mix alcohol with public nudity.’ “
While two lower courts ultimately ruled in favor of the strip club owners, both rulings recognized made key findings in favor of the State. In the state District Court ruling Judge Scott Jenkins said that the State of Texas provided, “persuasive trial evidence supporting a link between the business activity subject to the tax and the secondary effects addressed by the sexual assault program fund.â€
While a three-judge panel of the Court found in favor of the plaintiffs (2-1), there was a strong and unapologetic dissenting opinion which demonstrates that debate on this issue is far from over.
Among other things, dissenting Justice Puryear concluded that:
A state has the right to ban the consumption of alcohol within strip clubs;
And if a state has that right, it seems logical to assume that a state may impose a restriction that is less onerous than a complete ban, e.g. a modest fee, such as the adult entertainment fee.
Finally, Judge Puryear states, “I fail to see how the majority can conclude that the statute at issue violates the First Amendment.â€
Arguments will be heard in the courtroom of the law classroom building beginning at 9 a.m. The adult entertainment fee is the third of three cases on the docket. Each case will take about 40 minutes and the court takes a short (10 minute) break in between each case.
May
15
An Open Letter to Sexual Assault Victims in Texas
Filed Under Announcement | By Annette Burrhus-Clay | 6 Comments
Recently a Houston television station ran a story about a rape victim who was billed for her own rape exam. The news piece implied this was a common practice in Texas despite being told by several sources, including the Deputy Director of the Texas Association Against Sexual Assault (TAASA), that this was not the case. This news story, riddled with inaccuracies and half truths, was picked up by other news outlets and blogs and it took on a life of its own. Activists, advocates, survivors and other concerned individuals from around the country were justifiably angry and began to demand answers and action. The problem is there isn’t really a problem, just the perception of injustice that is spiraling out of control.
TAASA is concerned that this misinformation will have a chilling effect on a rape victim’s willingness to report the crime and get a forensic/medical exam (rape kit). We want to assure everyone that the cost of a forensic exam is not billed to the victim. This is always the responsibility of law enforcement and they in turn can be reimbursed for up to $700 though the Crime Victim’s Compensation (CVC) fund. If the cost exceeds this amount it is absorbed by the law enforcement agency or hospital, not the victim.
Additional medical treatment is not part of the forensic exam and billed separately. All crime victims, i.e. rape, gunshot, mugging, etc. are billed for medical treatment. They are eligible to apply for reimbursement of these costs through the CVC fund. The CVC fund is statutorily the “payer of last resort,†so if a victim has medical insurance it will be billed first. This is to assure the fiscal integrity of the CVC fund and make certain that funds remain available to crime victims who are uninsured or underinsured. Rape victims are not singled out in this process for reimbursement, it is consistently applied to all crime victims and this process is replicated with few variations across the country.
As with any system there is the possibility of human error. A victim could be misinformed or struggle to make sense of the process. This is the principle reason TAASA believes rape crisis advocates are so valuable to rape victims. Rape crisis advocates are not formally part of the systems or institutions that rape survivors must navigate, but are a valuable ally to victims when they encounter barriers or inconsistencies. I wish the rape victim in the Houston story had an advocate to help her through this very difficult time. Our only interest in this situation is that rape victims are supported and assisted. I encourage rape victims to access the services they so desperately need and not be deterred by the perception that they will be charged for their rape exam.
Respectfully Yours,
Annette Burrhus-Clay, Executive Director
Texas Association Against Sexual Assault
May
7
*UPDATED Action Alert!*
Filed Under Announcement | By Torie Camp | Leave a Comment
Please call your Senator AND Representative TODAY or FRIDAY MORNING.
HB 2070 (the clean-up bill for the adult entertainment fee that TAASA supports) is set to be heard on the floor of the House tomorrow, Friday, May 8.
In addition, it now appears that HB 982 (the strip club industry bill TAASA opposes that repeals the adult entertainment fee) will be heard on the Senate floor on Friday as well.
Call your Representative and urge them to vote FOR HB 2070.
HB 2070 is the long-term solution for Texas in the fight against sexual assault. It has bipartisan support of over 45 co-authors.
Call your Senator and urge them to vote AGAINST HB 982.
HB 982 is a strip club industry bill that guts the adult entertainment fee passed overwhelmingly by the Legislature last session.
If you are uncertain who represents your program, you can find out online. For a more complete list of your legislators, enter your program’s service area.
OR call Nichole Tips at (512) 474-7190 x19 and she’ll walk you through it.
When calling:
*Introduce yourself and your organization, if any.
*Highlight that your organization serves the Legislator’s constituents or that you are personally a constituent.
*If calling your Representative tell them that “HB 2070 is the long-term solution for Texas in the fight against sexual assault. It has bipartisan support of over 45 co-authors. Please vote FOR HB 2070.â€
*If calling your Senator tell them that “HB 982 is a strip club industry bill that guts the adult entertainment fee passed overwhelmingly by the Legislature last session. The new tax it proposes will NOT raise money. Please vote against HB 982.â€
*Thank the staffer for their time and for passing this message along to the Senator or Representative.
Please contact Nichole Tips at 512 474-7190 x 19 if you have any questions. We would greatly appreciate hearing how your calls go.
Thanks for your immediate attention to HB 982 and HB 2070!
May
6
URGENT Action Alert!
Filed Under Announcement | By Torie Camp | Leave a Comment
Please call your Senator tomorrow (Thursday)!
Now is the time we need your help. House Bill 982 (by Representative Thompson and Senator Carona) repeals HB 1751, the adult entertainment fee! This bill is up for a vote on the Senate floor, Thursday, May 7.
Call your Senator and urge them to vote AGAINST HB 982. Please call before the end of the day Thursday.
To find the phone number of any Senator, visit the Texas Legislature online and click on the Senator’s name. If you are uncertain who represents your program, you can find that information online as well. For a more complete list of your legislators, enter your program’s service area.
OR call Nichole Tips at (512) 474-7190 x19 and she’ll walk you through it.
Talking Points
*Introduce yourself and your organization if any.*Highlight that your organization serves the Senator’s constituents or that you are personally a constituent.
*State that a bill that is harmful to your program and the community the Senator serves, HB 982, is on the “intent calendar” on Thursday.
*HB 982 is a strip club industry bill that guts the adult entertainment fee passed overwhelmingly by the Legislature last session.
*Encourage the Senator’s opposition of HB 982.
*Thank the staffer for their time and for passing this message along to the Senator.
Please contact Nichole Tips at (512) 474-7190 x 19 if you have any questions. We would greatly appreciate hearing how your calls go.
Thanks for your immediate attention to HB 982!