Have a victim of stranger sexual assault. Defendant convicted and jury assessed 10 years TDCJ, in 1997. Victim participates in parole hearings, where allegedly defendant made threats to victim. (Don't know why parole board took no action.) Defendant is never granted parole, serves entire sentence, and is due to be released soon. Victim is understandably afraid, and defendant does have mental issues that make him unpredictable at best.
What can be done to protect victim? Protective order? Don't think so because there is no relationship between victim and defendant to come under that statute. Does anyone have any ideas?
Take a look at chapter 7A of the Code of Criminal Procedure. It authorizes a protective order, similar in most respects to one available under Title 4 of the Family Code, to protect a victim of sexual assault. There is no requirement of family, household or dating relationship. It may be filed by the prosecuting attorney, and is proper if, regardless of age, the S/A victim "is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender." Unlike a Family Code protective order, a chapter 7A protective order may be effective "for the duration of the lives of the offender and victim" or for any shorter period. I don't know all of your facts, but you might want to look to see if this fits them.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
How about filing a new felony charge of retaliation under 36.06? Your victim was a witness before the parole board when the threat was made so it isn't much of a stretch to say the guy threatened to harm her on account of her service as a witness. The definition of "informant" might also fit for a retaliation charge.
I don't know how much time has passed. So, limitations could prove to be a problem.
If you are not barred by limitations, retaliation would be enhanced to a second degree felony with a prior felony conviction. 20 more years in the pen would probably make the victim feel a lot safer than a protective order.
Posts: 40 | Location: New Braunfels, Texas, USA | Registered: April 30, 2004
What sort of parole hearings? As far as I know, the parole board does not conduct live hearings with inmates and/or witnesses, except in the case of revocation hearings. Did he write the lady or the parole board?
Posts: 234 | Location: Texas | Registered: October 12, 2006
