Your Rights

Some of you may say, "well, that's nice, but how does that help me?" Here's how: many of the rights expressed above have slowly been becoming part of criminal law in relation to abusers and their victims. Legislation affecting victims and witnesses include:

• The Victim & Witness Protection Act of 1982

• The Victims of Crime Act of 1984
  (check out the fact sheet.)

• Victims Rights & Restitution Act of 1992

• Violence Against Women Act of 1994

In the United States, a crime is considered to have been committed against the state, or in other words, against society as a whole, not just the victim. It is the state's job to prosecute, and the victim becomes only a witness or evidence and has had little control over the process of bringing the offender to justice.

In recent years, the victims' movement has strived to re-establish the victim's place as a party to the criminal justice process and enhance the rights of crime victims. During the past two decades, all states have passed laws concerning the rights of crime victims. (All statutes discussed in this summary are current through 1992 unless otherwise indicated. Source: National Victim Center, Legislative Database.)

A number of states have enacted "victims' bills of rights." (At least 34 states have provisions which are designated as "Victims' Bills of Rights," "Rights of Crime Victims," or something similar. Twelve other states have legislation which might be considered a compilation of rights, protections or special guidelines for the treatment of victims.) Twenty states have passed constitutional amendments for victims' rights. (As of the end of 1994, the following states have passed victim constitutional amendments: AK, AL, AZ, CA, CO, FL, ID, IL, KS, MD, MI, MO, NJ, NM, OH, RI, TX, UT, WA and WI.) Most others have legislation in the wings.

Today, the rights of victims are becoming even more well-defined, taking into consideration the special needs of sexual assault victims, domestic violence victims, child abuse or neglect victims, elderly victims of abuse, victims of hate-motivated crimes, and even Good Samaritans. These groups have been granted rights and remedies to address their special needs, such as restraining orders for domestic violence victims, videotaped testimony and testimonial aids for child victims, and protective services for elderly victims.

The right to attend and/or participate in criminal justice proceedings;


The victim can attend the trial, sentencing, and/or the parole. Many states also allow the victim to make an oral or written statement to be considered by the court or parole board at such proceedings. Many of you may remember the televised statements from families of victims of serial killer Jeffrey Dahmer. Victims are increasingly being given the right to attend and sometimes address the court at other critical proceedings in the criminal justice process, such as:
• Hearings on bail or pre-trial release of the offender;
• Entry of plea agreements;
• Post-trial relief or release hearings;
• Probation hearings;
• Commutation or pardon hearings.

• The right to notification of the stages/proceedings in the criminal process;

  
  This may not only include notification to the victim or victim's family of scheduled criminal proceedings and their outcomes, but also advance notice of proceedings where the victim has the right to attend and/or make a statement, as well as when hearings have been canceled and rescheduled. The right to be notified is a crucial one, because without it, victims cannot adequately pursue their other rights.

• The right to notification of other legal remedies;

  
  Victims may also have the right to be informed of the option to sue the offender for money damages in the civil justice system, to collect witness fees for their testimony, as well as other rights.

• The right to protection from intimidation and harassment;

  
  The right to protection from intimidation and harassment by the offender or the offender's family or associates may be extended to the victim's family members, as well as the victim. In the event you receive threats, bribes, or other attempts to persuade or intimidate you into testifying untruthfully, to forget, or to make yourself unavailable as a witness, report it immediately to the Sheriff's Office.

  If you are the victim of domestic violence (violence within the family) or repeat violence (two incidents), you can file an injunction for protection with the Clerk of the Circuit Court. Other kinds of protection include:

  • Police escorts to and from court;
  • Secure waiting areas separate from those of the accused and his/her family during court proceedings;
  • Witness stands that are shielded from the direct view of the offender; especially if the victim is a child, in which case many courts now allow video taped testimony to be used to protect the child from the trauma of the courtroom and further exposure to the accused.
  • Closing the courtroom to those who are not parties to the case; and
  • Residence relocation.

• The Right to Notification Of Employer AND Creditors;

  
  At your request, the State Attorney's Office or Sheriff's Office will inform your employer that your cooperation in their investigation and prosecution of the case may necessitate your absence from work. At your request, they can also contact your creditors to seek their consideration if you are unable, temporarily, to continue payments as a result of the crime. Credit card companies are usually willing to suspend interest and payments if notified of the situation by an authority.

• The right to confidentiality of records;

  
  Unlike many other criminal cases, police and court records are not public record if they involve a juvenile or if the case deals with sexual assault or rape. These records are usually only available to the attorneys and parties to the case.

• The right to speedy trial provisions;

  
  Usually, this Constitutional right is used as a tactic by defense attorneys to rush the prosecution to court before they have all their ducks in a proverbial row. But it's a two-edged sword. As a victim, YOU have the right to a speedy trial also.

• The right to prompt return of the victim's personal property seized as evidence from the offender;

  
  This can include photos, clothing, recordings, letters etc.

• The availability of the offenders' profits from the sale of the stories of their crimes;

  
  Why should the assailant get rich sitting in jail at YOUR expense?

• Victim compensation and restitution.

  
  State victim compensation programs are designed to provide financial assistance to victims and, in some cases, to family members and other eligible persons. Usually, a victim must have suffered actual physical harm or other tangible loss. Keep track of your losses such as destroyed or stolen property and cost of any emotional counseling. This includes medical bills AND lost wages as a result of the abusers actions.

  In most states, a victim must fully cooperate with law enforcement and prosecution efforts in order to qualify for compensation. Restitution, on the other hand, is ordered by the court or in some states, by the paroling authority making the offender pay for the financial loss of the victim. However, as a rule, neither victim compensation nor restitution include punitive damages for injury or loss suffered by the victim. A lawsuit in civil court is usually required to recover punitive damages.

For specifics on your rights in your state, contact your state Attorney General, victim assistance organizations/agencies in your area, (usually based at the Sheriff's Office) your local prosecutor, your local law enforcement agency, or your local law library.

A partial listing of victim resources, rights and phone numbers listed by state is available here:

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VICTIMS COMPENSATION & ASSISTANCE PROGRAMS

alabama | alaska | arizona | arkansas | california | colorado | connecticut | d of c | delaware | florida | georgia | hawaii | idaho | illinois | indiana | iowa | kansas | kentucky | louisiana | maine | maryland | massachusetts | michigan | minnesota | mississippi | missouri | montana | nebraska | nevada | new hampshire | new jersey | new mexico | new york | north carolina | north dakota | ohio | oklahoma | oregon | pennsylvania | rhode island | south carolina | south dakota | tennessee | texas | utah | vermont | virginia | washington | west virginia | wisconsin | wyoming

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