Advocates guide victims like Elizabeth Smart through legal system

SALT LAKE CITY — The scene plays out in a Utah courtroom nearly every weekday. A victim takes the stand to testify against his or her perpetrator at trial or a victim of a violent crime attends and/or speaks at the perpetrator's sentencing hearing.

Their ability to play a role in the prosecution of these offenses — often committed by people whom the victim is related or acquainted to — is aided by victim-witness advocates.

Such advocates have assisted Elizabeth Smart, who will have an opportunity Wednesday to speak during the sentencing of her kidnapper, Brian David Mitchell. Smart testified during the trial that he sexually assaulted her nearly every day of her captivity.

Many observers who witnessed Smart's testimony — among them jurors — have commented on her poise and confidence on the witness stand. Victim-witness advocates, none of whom worked directly with Smart, said she has been helped by a strong support system.

But Smart has also been guided by victim witness advocates who shepherd countless victims of crime through the legal system.

"Our first concern is safety. We may work in a prosecution office, but our goal isn't prosecution, it's to make sure the victim feels safe," said Rachelle Hill, victim services coordinator for the West Valley City Attorney's Office.

Sometimes that means assisting victims with basic needs such as shelter, nutrition or health insurance.

From that point, advocates work to develop a relationship of trust. "We like to see if we can be that neutral trusted party," Hill explained. They spend time explaining the possible penalties the accused perpetrator may face. "We tell them what options and control they have along the way."

Prior to a case going to trial, Ranae Hart, victim assistance coordinator for the Davis County Attorney's Office, arranges for victims to visit a courtroom and learn about court procedures.

"My job is to make sure the courtroom is a safe place to be," said Hart, who often works with children who have been physically or sexually abused by parents or other trusted adults.

Prosecutors help prepare victims for the courtroom experience, too, by helping them feel comfortable in the give-and-take of questioning they may experience.

Bailiffs play a significant role in ensuring victims feel safe enough to face their accusers. "We explain that they (bailiffs) aren't there to pick sides. They're there to make sure everyone is safe and the courtroom is in order," Hart said.

At sentencing, victim advocates help victims prepare statements and to conduct themselves appropriately in court.

Advocates advise victims to stay on point and explain how the offenses have affected them and their families. They also want victims to express how they want the matter resolved.

"I never want to tell them how to feel or what words to say. However, we do want to make sure what they're going to say is appropriate," she said.

Most of the time, the time between the offense and the resolution of a case has been long enough that the initial anger has been diffused. In some cases, victims and family members will ask Hart to make statements on their behalf because they fear they cannot comport themselves appropriately.

"There's a lot of anger, especially when your child is hurt and they're in a place they never thought they would be," Hart said.

Hart has not been involved in Smart's case (the federal victim witness advocate who has worked with Smart was not available for an interview prior to Mitchell's sentencing) but Smart's poise and resilience are likely due to her support system, victim-witness assistance and maturing over the years.

"She's been remarkable. Just watching her over the years, she as grown and matured," Hart said.

Most importantly, Smart has demonstrated that she will not be defined by the crimes perpetrated against her.

"I think Elizabeth Smart has been a great example for that — what she's been able to do to get on with her life."

Email:mcortez@ksl.com

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