Navigating court proceedings can be challenging and emotional for crime victims. But understanding your rights can help you regain a sense of control and help ensure your rights are being attended to.
Every state has specific standards regarding victim rights. Additionally, there are federal standards defined under the Crime Victims’ Rights Act and the Victims’ Rights and Restitution Act.
The Victims’ Rights and Restitution Act defines a crime victim as anyone who suffered direct emotional, financial, or physical harm as a result of a crime. If the victim is a minor, incompetent, incapacitated, or deceased, victim services will be provided to a representative of the victim, such as a family member, spouse, or legal guardian.
In addition to specific rights, crime victims are also entitled to specific services and actions, such as:
- Being informed of where they can receive medical and social services
- Being provided information regarding public and private programs available for counseling, treatment, and other support services
- Having any personal property that’s being held as evidence maintained in good condition and returned as soon as possible after it’s no longer needed as evidence
Here are the specific rights of crime victims.
The right to be reasonably protected
Victims have the general right to be protected from harassment or intimidation throughout the criminal process. Many jurisdictions will inform victims of the specific protective procedures available.
Jurisdictions may also have specific laws in place to make it easier for the victim as they take part in the criminal process. For instance, vulnerable victims, like children, may be able to have special court arrangements.
Some protective measures that may be available for crime victims, if needed, include:
- Secure waiting area that’s separate from others involved in the court proceedings
- Witness protection programs
- Police escort to and from the court
- Specific conditions of bail release for the defendant, such as no contact orders
- Ability to limit interviews with the defense lawyer
The right to be informed of proceedings and events
As a victim of a crime, you have the right to be notified about scheduled criminal proceedings and the outcomes. For example, you should be informed on all proceedings related to pretrial activities, trial dates, sentencing, appeals, parole, and more.
However, the specific events may vary by state. For instance, not all states notify victims about bail proceedings or bail release.
Victims also should be informed of their legal rights, including the ability to attend proceedings, submit a victim statement, and more.
The right to compensation
Crime victims may be eligible for financial compensation for certain damage and injuries caused by the crime. This is a government program, so you typically must complete an application in the state you live or where the crime occurred to see if you qualify.
Most compensation programs will assist the direct victim of a violent crime or their surviving family. The expenses covered vary by state but often include medical expenses, funeral expenses, or lost wages. They do not pay for anything covered by insurance, and there are typically limits on the amount paid.
The right to attend proceedings
Many victims want to be present during the different criminal proceedings to see the process at work and ensure their interests are being met.
Generally, victims have the right to attend the trial, sentencing, and parole hearing. Depending on the state, there may be other proceedings you can also go to. For instance, some states allow victims to attend all proceedings where the defendant has a right to be present.
That said, there can be circumstances where a victim may have restrictions on this right. For example, they may be excluded or sequestered during the trial if they are also a witness.
The right to be heard
As a victim, you have the right to be heard. For instance, many states allow victims to make a statement at bail, parole hearings, or provide input during the discussion of a plea bargain.
All states allow you to provide a victim impact statement at sentencing. And you may be able to provide a written or spoken statement during the criminal process. This right lets you provide information regarding the personal impact of the crime and the harm you suffered.
The right to a speedy trial
Many jurisdictions try to provide a trial that is free from unreasonable delay. For instance, there may be a limitation on continuances or court-ordered delays of proceedings. Additionally, the court considers the delay’s impact on the victim when considering a continuance.
The right to privacy
Victims have the right for their personal information and contact information to be private, including name, address, place of work, and phone number.
Privacy can be a big concern, especially if people fear for their safety or are at risk for possible harassment or retaliation.
Additionally, some special victim populations may have confidentiality rights, such as minors, older adults, victims of domestic violence, or victims of sexual assault. For instance, many states have confidentiality programs that allow victims of sexual offenses, domestic violence, and stalking to use an alternative address in place of their real one to protect their privacy.
The right to restitution from the offender
Restitution typically refers to fixing the harm caused by the defendant, such as a payment for damages. Additionally, it can involve the return or repair of property damaged or stolen during the crime.
The judge or court can order the convicted offender to make restitution as part of the sentence. Additionally, some states require the court to specify its reasons if it does not order restitution.
Restitution may cover losses or expenses directly related to the crime, like medical, prescriptions, counseling, damaged property, and more.
The right to be treated with fairness
All victims have the right to be treated with respect and fairness. This right goes along with the right to be protected from harassment, intimidation, and abuse, including from the defendant and people acting on the defendant’s behalf.
The right to confer with the attorney for the government in the case
The Crime Victims’ Rights Act provides victims with the “reasonable right to confer” with the government attorney involved in the case. This right is designed to help allow the victim more involvement in the process.
