Without any place to turn for confidential and competent support and guidance, the journey can be too much. In fact, it is downright defeating and another trauma by itself.

Every defendant in every criminal case has rights: the right to remain silent, the right to an attorney if they cannot afford one and the right to be free from unreasonable searches. Victims have rights, too. But they don’t have the right to an attorney free of charge or the right to privileged communications with the prosecutors who are trying to put their perpetrators behind bars. Their family members or parents don’t have the right to an attorney, either.

Imagine you find yourself a victim of sexual assault, or worse yet, your child or a minor family member has been assaulted. After the initial panic, pain, fear and anger, you realize that you have questions. Where do you go? Do you hire and pay for an attorney to help you navigate the criminal prosecution process? Or to help you address the family or custody issues that might be involved? Or just answer your questions or be a sounding board for your frustration or fears?

Do you—or can you—rely upon the prosecutor to help you? If you reach out to the prosecutor, they may or may not have time to talk to you—but more importantly, you are not their client. Although the prosecutor is an attorney and you might think they have your best interest in mind, they cannot form an attorney-client relationship with you—because their client is the government, not you. This creates a problem not only for the victim but for any family member asking questions—maybe questions about a situation, about the process or even about what to expect. In some cases, the need to communicate confidentially may not matter. After all, the family member is not the victim. But they may know or have heard things from the victim that could be helpful to the defendant … and guess what? If you tell the prosecutor and it is helpful to the defendant, they have an ethical obligation to actually tell the defendant’s attorney!

The Reality of Being a Victim

For a victim, there are all of these considerations, plus even more at play: feelings of guilt, shame and, in almost every case of rape or sexual assault, confusion. There is confusion about how much of the act is (as ridiculous as it sounds) their own fault. I’ve prosecuted hundreds of cases and represented dozens of victims, and there is always the question of “what if”: If I had acted differently, said something different, not gone to this event or otherwise done something differently, maybe this wouldn’t have happened. Or if alcohol is involved and memories are unclear, perhaps the victim has other questions or remembers things on a rolling basis and wants to know how to tell the prosecutor or if they even should. The perils of being considered genuine, truthful and trustworthy—when conflated with feelings of remorse, guilt and even uncertainty—are hard enough to navigate. Without any place to turn for confidential and competent support and guidance, the journey can be too much. In fact, it is downright defeating and another trauma by itself.

The Trauma After the Trauma: The Criminal Process

Maybe this is why fewer than one-third of sexual assault victims come forward. According to statistics compiled from the Department of Justice and Federal Bureau of Investigation, just 5.7% of incidents end in arrest,0.7% result in a felony conviction and 0.6% result in incarceration. The reality is that being a victim of sexual assault is horrible, and it doesn’t end after that attack. It continues on and on as the criminal prosecution process runs its course. To think that a victim would need to pay for legal counsel to simply survive is … well, unthinkable. But without experienced, supportive and competent legal help, the criminal judicial system and process can be crushing, defeating and overwhelming.

As a former prosecutor, I encountered this scenario far too many times. While I was competent and compassionate and wanted to make the journey as smooth as possible for my victims, they were not my clients, and I could not offer them the benefit of privileged communications. I could not be their safe place to vent, share, ask questions or even confess their insecurities without fear that it would hurt their cases. And I wasn’t free to help their families, either.

A Calling to Provide Legal Support to Victims and Their Families

In 2014, I started a nonprofit, Live Worthy, with the mission to “provide free legal advice, representation, advocacy and support to victims of sexual assault and their families.” The reference is biblical—referring to living a life worthy of the calling we have received and the gifts with which we have been blessed.

Since that time, I have represented dozens of young women, children and their families free of charge. We have drafted memorandums and advocacy letters to prosecutors and those in charge of making charging decisions. We have flown to meetings on an emergency basis to ensure that less-than-zealous prosecutors did not snuff out our clients’ interests and right to be heard at trial. We have appeared at hearings seeking sexual assault protection orders; drafted pleadings in support; and generally been available to advise, assist, comfort and advocate as the process drags along.

Where Victims Can Turn and How We Help

Our nonprofit answers questions, speaks to prosecutors, advocates for victims and provides a safe space to navigate the criminal process. We provide legal support free of charge solely to help our clients navigate the criminal legal process. Live Worthy does not, however, take on civil cases against a perpetrator or file a complaint seeking damages on the victim’s behalf. We do not want to create the appearance that our representation is tied to any hope of compensation.

This has been the single most rewarding aspect of my practice. We can provide this support in nearly every state, but we are always looking for volunteers—especially former prosecutors—who are willing to help. 

See statistics compiled and reported by RAINN (Rape, Abuse & Incest National Network) here.

Aaron Wagner is a partner with Kabat Chapman & Ozmer in Atlanta and Portland, Oregon. To volunteer with Live Worthy, please contact Angela Burke at angela@live-worthy.org.