Basic Victim Rights

Current federal and state laws currently in place general give victims at least a minimal coverage of rights. Some of these are outlined below. For the specifics in your state, make sure to check the state by state listings.

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 emotional 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 their 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.

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 by the offender or their 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 law enforcement.

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
  
• Residence relocation
  
• The Right to Notification Of Employer AND Creditors
  

At your request, the State Attorney or Sheriff can 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.

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.

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 this is a two-edged sword. As a victim, YOU have the right to a speedy trial also.

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

Why should the assailant get rich sitting in jail at YOUR expense? most states have provisions which prevent offenders from selling or making substantial income from selling books or scripts based on their crimes.

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.