You the Jury: A Recovered Memory Case : Allegations of Sexual Abuse

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Why Does He Do That: Inside the Minds of Angry and Controlling Men

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How to Stop a Stalker

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The Verbally Abusive Relationship: How to Recognize it and How to Respond

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Ditch That Jerk : Dealing With Men Who Control and Hurt Women

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I Will Survive: The African-American Guide to Healing from Sexual Assault and Abuse

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The Battered Wife: How Christians Confront Family Violence

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But I Love Him: Protecting Your Teen Daughter from Controlling, Abusive Dating Relationships

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Sexual Assault: Will I Ever Feel Okay Again?

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The Wounded Heart: Hope for Adult Victims of Childhood Sexual Abuse

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Recognizing Child Abuse: A Guide For The Concerned

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Transcending: Reflections of Crime Victims

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Controlling People: How to Recognize, Understand, and Deal With People Who Try to Control You

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No Visible Wounds : Identifying Non-Physical Abuse of Women by Their Men

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Emotional Blackmail: When the People in Your Life Use Fear, Obligation, and Guilt to Manipulate You

Delaware Resources

- Delaware Victims Bill of Rights
- Restitution Orders
- Victim Compensation Program
- Payment for Medical Examinations for Victims of Sexual Offenses
- Child Assessment & Counseling
- Delaware Victim Center
- Directory of Victim Advocacy

- Delaware has a Victim's Bill of Rights which entitles you to be notified of and participate in all major phases of the criminal case process. You will be notified of the progress of the case in which you are the victim. On July 23, 1992, Governor Michael N. Castle, signed the Victims Bill of Rights into law. This law mandates that victims are informed about the criminal process and extends notification and participation rights to them. The statute was amended by the 137th General Assembly and Governor Thomas R. Carper signed and made law, new requirements to the Victims Bill of Rights on July 16, 1993.

The law provides that you should be notified of the following:

• How criminal case go through the system.
• After a defendant is released on bail including the amount of bail and any conditions.
• Court events, possible plea agreements, outcome of the case, projected prison release dates and any sentence modification. If the conviction is reversed on appeal.
• Parole and pardon hearing dates, early release to community based on programs or if the offender escapes from a correctional facility.
• Procedures to be followed if the offender threatens or intimidates you.
• Services available for victims of crime.

While there are many segments of the Victim Bill of Rights, some of the most important include:

§ 9403. Nondisclosure of information about victim.

(a) Unless a victim or witness waives confidentiality in writing, neither a law-enforcement agency, the prosecutor, nor the corrections department may disclose, except among themselves or as authorized by law, the residential address, telephone number or place of employment of the victim or a member of the victim's family, or the identity, residential address, telephone number or place of employment of a witness or a member of the witness's family, except to the extent that disclosure is of the site of the crime, is required by law or the Rules of Criminal Procedure, is necessary for law-enforcement purposes, or is permitted by the court for good cause.

(b) A court may not compel a victim or witness or a member of the victim's or witness's family testifying in a criminal justice proceeding to disclose a residential address or place of employment on the record unless the court finds that disclosure of the information is necessary.

(c) The victim's address, place of employment and telephone number and any witness's identity, address, place of employment and telephone number, maintained by a court, prosecutor or law-enforcement agency pursuant to this chapter is exempt from disclosure under the Freedom of Information Act. (68 Del. Laws, c. 445, § 1; 69 Del. Laws, c. 167, § 1; 72 Del. Laws, c. 211, §§ 3-5.)

§ 9405. Prosecutor to confer with victim.

Consistent with the duty to represent the interests of the public as a whole, the prosecutor shall confer with a victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. Failure of the Attorney General to confer with the victim does not affect the validity of an agreement between the State and the defendant or of an amendment, dismissal, plea, pretrial diversion or other disposition of the case. (68 Del. Laws, c. 445, § 1; 69 Del. Laws, c. 167, § 1; 69 Del. Laws, c. 318, § 1.)

§ 9406. Safety of victim.

(a) The court shall provide a waiting area for victims separate from the defendant, defendant's relatives and defense witnesses if such an area is available and the use of the area is practicable. If a separate waiting area is not available or practical, the court shall provide other available safeguards to minimize the victim's contact with the defendant, relatives of defendant and defense witnesses during court proceedings.

(b) At the initial contact, the victim shall be provided written information by the investigating law-enforcement agency to whom the victim can contact to ascertain if the defendant is released from custody, and the procedures that the victim may follow if threatened, intimidated or if conditions of bail or custody are not complied with. (68 Del. Laws, c. 445, § 1; 69 Del. Laws, c. 167, § 1.)

§ 9409. Limitations on employer.

An employer may not discharge or discipline a victim or a representative of the victim for:

(1) Participation at the prosecutor's request in preparation for a criminal justice proceeding;

(2) Attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim; or

(3) Attendance at a criminal justice proceeding in response to a subpoena. (68 Del. Laws, c. 445, § 1; 69 Del. Laws, c. 167, § 1.)

For more rights, see the entire law under Title II, Part IV, Chapter 94: Victims Bill of Rights.

- Restitution is what the court orders the offender to pay the victim for losses. This is different from the Violent Crimes Compensation Fund which may compensate innocent victims of violent crimes (not property crimes) for specific losses. Restitution may include property losses, medical expenses, lost wages, etc.

Restitution may be part of a plea agreement. It can be recommended by either the prosecutor or the court (via Presentence Investigation). The victim sends the Victim Loss/Impact form to the Presentence Investigator with copies of bills, estimates, etc., verifying losses. The Presentence Investigator and the court decides if restitution is to be ordered and how much.

The Presentence Investigator or the prosecutor may recommend a restitution amount to the court, however, the judge decides whether to order restitution.

The probation officer sets up a payment schedule and collects the money. The Office of Superior Court sends it to the victim. If you are not receiving the restitution ordered, contact the probation officer.

- Delaware has established a Violent Crimes Compensation Board to assist innocent victims of violent crime who suffer personal injury (bodily harm or extreme mental suffering). The Board does not compensate victims for stolen or damaged property. You may be eligible for financial assistance. If you would like an application or for more information, contact the Violent Crimes compensation Board at 995-8383. YOU MUST FILE WITHIN ONE (1) YEAR OF THE CRIME TO BE CONSIDERED FOR ASSISTANCE.

Who Can Get Help?

Innocent victims who have been physically or emotionally injured by a crime in Delaware. Innocent victims of drunk drivers or when a vehicle is used as a weapon. Survivors of innocent victims who died as a direct result of a crime, and anyone who paid for the medical, funeral and/or burial expenses of that victim.

Eligibility Requirements

The crime must be reported to law enforcement within 72 hours. An application must be filed with the VCCB within 1 year of the crime. Cooperate with law enforcement agencies in the apprehension and conviction. Cooperate with the VCCB staff and provide all information requested. The victim must not have caused or contributed to his/her injury or death. The claimant must demonstrate at least $25.00 in losses.

What Losses May Be Paid?

• Medical and/or dental expenses for the victim.
• Mental health treatment or counseling.
• Wage or income loss.
• Income loss to the custodian of a child victim while providing care to the victim.
• Support loss for dependents of a deceased or disabled victim.
• Support loss for victims dependent on an incarcerated domestic offender
• Funeral and/or burial expenses.
• Moving/Relocation Expenses.
• Temporary Housing
• Essential Personal Safety equipment
• Change of locks
• Replace items seized as evidence

The VCCB may only pay crime-related losses not covered by insurance or other sources. No award will exceed $25,000.00. Limits have been set for certain types of losses. Please contact the VCCB office for specific limits on your losses.

ALL LOSSES MUST BE SUPPORTED BY DOCUMENTATION PRIOR TO COMPENSATION BEING AWARDED

YOU CANNOT BE PAID FOR LOST, DAMAGED OR STOLEN PROPERTY, OR FOR PAIN AND SUFFERING. To collect for these, you need to file a civil suit.

PARENT OR GUARDIAN MUST APPLY FOR ANYONE UNDER THE AGE OF 18. VICTIMS WHO ARE UNABLE TO APPLY DUE TO PHYSICAL OR MENTAL LIMITATIONS, OR DEATH, SHOULD HAVE A PERSONAL REPRESENTATIVE FILE ON THEIR BEHALF

For applications and assistance, contact: Delaware Victim Center: 800-VICTIM-1

9019. Payment for forensic medical examinations for victims of sexual offense.

(a) The cost of a forensic medical examination done for the purpose of gathering evidence that can be used in the prosecution of a sexual offense may be paid from the Victim Compensation Fund.

(b) "Forensic medical examination" shall be defined as medical diagnostic procedures examining for physical trauma, and determining penetration, force, or lack of consent. The cost of the examination shall include collecting all evidence as called for in the sexual offense evidence collection kits and may include any of the following, if done as part of the forensic medical examination:

1. Physician's fee for the collection of the patient history, physical, collection of specimens, and treatment for the prevention of venereal disease, including 1 return follow-up visit;

2. Emergency department expenses, including emergency room fees and cost of pelvic tray, and

3. Laboratory expenses for wet mount for sperm, swabs for acid phosphates and ABH antigen; blood typing; serology for syphilis and Hepatitis B; cultures for gonorrhea, chlamydia, trichomonas, and other sexually transmitted diseases; pregnancy testing; urinalysis; and any other laboratory test needed to collect evidence that could be used in the prosecution of the offense.

(c) Hospitals and health care professionals shall provide forensic medical examinations free of charge to the victims of sexual offenses. Any hospital or health care professional performing a forensic medical examination shall seek reimbursement for the examination from the patient's insurance carrier, including Medicaid and Medicare, if available. If insurance is unavailable, or does not cover the full costs of the forensic medical examination, the service provider may seek reimbursement from the Compensation Fund. The Board shall authorize the repayment for reasonable expenses incurred during the forensic medical examination. Such reimbursement shall not exceed a maximum amount to be determined by the Board. If the hospital or health care professional has recovered from insurance, the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations.

(d) The victim of the sexual offense shall not pay any out-of-pocket costs associated with the forensic medical examination and shall not be required to file an application with the Board. Notwithstanding other language in this chapter, all forensic medical examinations of victims of a sexual offense not covered by insurance shall be paid for through the Victim Compensation Fund and such payment shall be considered full compensation to the hospital or health care professional providing such services.

9020. Payment for child psychological assessments and short-term counseling.

(a) The costs of psychological assessment done for the purposes of evaluating the mental health needs of a child victim may be paid from the Victim's Compensation Fund.

(b) The costs of short-term counseling, as defined by the Board, for the purposes of meeting the mental health needs of a child victim may be paid from the Victim's Compensation Fund.

(c) Any psychological assessment or counseling provided pursuant to this section shall be provided by a qualified mental health practitioner as determined by the Board. The Board shall authorize the repayment of reasonable expenses for a psychological assessment and/or short-term counseling. Such reimbursement shall not exceed a maximum amount to be determined by the Board. Any mental health practitioner performing a psychological assessment and/or short-term counseling pursuant to this section shall seek reimbursement for such services from the patient's insurance carrier, including Medicaid and Medicare, if available. If the mental health practitioner has recovered from insurance, the Board shall only provide compensation sufficient to total the maximum amount provided for in the Board's rules and regulations. Funding for psychological assessments and/or short-term counseling shall be available to the victim regardless of other health insurance resources which may exist.

(d) Any parent or guardian acting on behalf of a child victim shall not pay any out-of-pocket costs associated with a psychological assessment or short-term counseling, and shall not be required to file an application with the Board. Notwithstanding other language in this chapter, all psychological assessments and short-term counseling expenses of child victims shall be paid for through the Victim's Compensation Fund and such payment shall be considered full compensation to the mental health practitioner providing such services.

(e) Nothing in this section shall preclude a victim from applying to the Board for other costs incurred.

(f) For the purpose of this section, "child victim" or "child" means any victim who had not yet reached his or her 18th birthday on the date of the commission of the crime. (71 Del. Laws, c. 424, § 7.)

Effects of amendments. - The addition of section 9020 adds provisions for the payment of psychological assessments and short-term counseling to individuals who are victimized prior to the age of 18. The assessments and short-term counseling may be paid directly on behalf of child victims, notwithstanding other language in this chapter. Effective July 13, 1998.

Victims often experience many unfamiliar emotions such as: shock, disbelief, anger, fear, frustration, or guilt. Victims may be immobilized by the feeling that their lives will never be the same. Although these feelings are very normal, victims who are in a state of emotional crisis often are unable to work through these feelings on their own. They may not have the resources to seek professional assistance or may not know where to seek such support. Victims and/or their families may suffer financially, physically and/or emotionally. The Victim Service staff is prepared to assist victims, witnesses and families with these issues.

The goals of Victim Services:

• Provide short and long term crisis intervention
• Act as an information and referral source
• Reduce the trauma to victims, witnesses and survivors
• Eliminate additional trauma
• Coordinate resources through a single agency
• Increase positive interaction between victims/witnesses, survivors and law enforcement officials.
• Provide a smoother transition into the criminal justice system in cases where an arrest has been made
• Guarantee services in those cases where an arrest has not been made

Services Available at no cost:

• 24 hour emergency crisis intervention
• Information and referrals for appropriate social service agencies
• Court accompaniment
• Follow up contacts, calls, letters and/or home visits
• Assistance with filing for emergency financial assistance
• Landlord/Employer intervention

The Victim Service Section of the Delaware State Police is available 24 hours a day through the toll free hotline, 1-800-VICTIM-1 (in state) or by calling (302) 659-6823 from outside of Delaware. There are offices located in each of the three counties throughout the state. The Victim Service Specialists are available to respond to crime scenes, hospitals, residences etc. at any time, day or night, when requested to do so by an officer. They are also available to respond to calls on the 800 line from victims or other agency personnel. Not only is this unit available to the Delaware State Police, the services are also extended to over 30 other municipal departments throughout Delaware that do not have an in-house victim service unit.

Members of this unit are involved in various initiatives throughout the state such as the annual tribute to victims, several task force committees, domestic violence advocacy center and others. They offer training in the police academy to new recruits as well as in-service. Training is also available for other outside agencies as well. They are involved in the annual domestic violence conference for law enforcement in Delaware. Members of the unit have been certified as Critical Incident Stress debriefers and have been certified as Domestic Violence Specialists.

Delaware Victim Advocacy Services

Adult Protective Services (Statewide)
1-800-223-9074

Attorney General Victim/Witness Program
(302) 577-8500
-------Kent (302) 739-4211
-------Sussex (302) 856-5352
-------Statewide 1-800-870-1790

Child Inc. Battered Women Program
(302) 762-8989

DE United to Prevent Child Abuse
(302) 674-1112

Division of Family Services Child Abuse Reporting Line
Statewide: 1-800-292-9582

Domestic Violence Advocacy Centers
-----NCCo. (302) 577-2200 X 3098
-----Kent (302) 739-6552
-----Sussex (302) 856-5843

Family/Friends of Murder Victims
Statewide (302) 998-1403

Peoples Place Battered Womens Program
(Shelter and services for DV victims)
Kent & Sussex (302) 422-8058

Rape Crisis CONTACT
NCCo. (302) 761-9100
Kent & Sussex 1-800-262-9800

Survivors of Accident and Murder Support Group
Statewide (302) 368-9500

U.S. Attorney Victim/Witness Program
Statewide (302) 573-6277 X 132

Dover Police Victim Services
Kent (302) 736-7134

Georgetown Police Victim Services
Sussex (302) 856-6613

New Castle County Police Victim Services
NCCo. (302) 571-7910

Wilmington Police Victim Services
NCCo. (302) 573-5537

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