National Indian Country Clearinghouse on Sexual Assault

Victim Rights publications

 

Publications:


Statutes - 2

Additional Resources - 12

 

Statutes

 

18 U.S.C. § 3771 - Crime Victim Rights Act 18 U.S.C. § 3771 - Crime Victim Rights Act

 

This statute is commonly referred to as the Crime Victims' Rights Act or the CVRA. This statute secures eight rights for victims of federal crimes, including: (1) the right to be reasonably protected from the accused. (2) the right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) the right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) the reasonable right to confer with the attorney for the Government in the case; (6) the right to full and timely restitution as provided in law; (7) the right to proceedings free from unreasonable delay; and (8) the right to be treated with fairness and with respect for the victim's dignity and privacy.

 

 

42 U.S.C. § 10607 - Services to Victims 42 U.S.C. § 10607 - Services to Victims

 

42 U.S.C. § 10607. This statute outlines compensation and services available to victims.

 

 

Additional Resources

 

Attorney General Guidelines for Victim and Witness Assistance (2005) Attorney General Guidelines for Victim and Witness Assistance (2005)

 

This manual provides an overview of federal victim rights and federal victim services, taking into consideration the requirements of victims' rights laws in 2005.

 

 

Attorney General Guidelines for Victim and Witness Assistance 2011 Edition (Revised May 2012). Attorney General Guidelines for Victim and Witness Assistance 2011 Edition (Revised May 2012).

 

These guidelines are for use by officers and employees of the U.S. Department of Justice investigative, prosecutorial, correctional, and parole components in the treatment of victims of and witnesses to crime. The core statutes underlying these guidelines are the Victims' Rights and Restitution Act (VRRA) and the Crime Victims' Rights Act (CVRA), but additional rights and requirements exist in other statutes and rules of criminal procedure. The Attorney General Guidelines are intended to serve as a model for guidelines on the fair treatment of crime victims and witnesses for other State and Federal law enforcement agencies. These guidelines are presented in seven articles: Article I: General Considerations and Article II: Guidelines Applicable to All Components deal with general policies affecting all components and victims; Article III: Who Is a Victim? contains the basic definitions of victims under both victims' services and rights laws, as well as sections on unique victim populations; Article IV: Mandatory Services covers the Justice Department's mandatory obligations to provide services to victims of crime under the VRRA; Article V: Victims' Rights Under the CVRA covers the CVRA provisions that victims of a charged offense can enforce during a prosecution; Article VI: Witnesses addresses witnesses only; and Article VII: Non-Litigability consists of the Justice Department's statement on non-litigability. The two appendixes contain the text of the VRRA and the CRVA.

 

 

Final Report: Participatory Evaluation of the Tribal Victim Assistance Programs at the Lummi Nation and Passamaquoddy Tribe (August 2009). Final Report: Participatory Evaluation of the Tribal Victim Assistance Programs at the Lummi Nation and Passamaquoddy Tribe (August 2009).

 

This report, which was funded and distributed by the National Institute of Justice, summarizes the results of process evaluations of two tribal victim assistance programs - the Lummi Victims of Crime Program in Washington State and the Passamaquoddy Tribal Victim Outreach Advocate Program in Maine - both of which are federally funded "on-reservation" victim assistance programs intended to provide permanent, accessible, and responsive crime-victim assistance services on tribal lands.

 

 

Handbook on Justice for Victims Handbook on Justice for Victims

 

This handbook, developed by the United Nations Commission on Crime Prevention and Criminal Justice, outlines the basic steps in developing comprehensive assistance services for victims of crime.

 

 

Memorandum Opinion: The Availability of Crime Victim's Rights Under the Crime Victims' Rights Act of 2004 Memorandum Opinion: The Availability of Crime Victim's Rights Under the Crime Victims' Rights Act of 2004

 

This memorandum opinion, written by the United States Attorney General's office, discusses the Crime Victim's Rights Act.

 

 

Public Hearing on Victim Issues in Probabtion and Parole Recommendation Report Public Hearing on Victim Issues in Probabtion and Parole Recommendation Report

 

Public Hearing on Victim Issues in Probation and Parole Recommendation Report (August 2010). The report, funded and distributed by the Office for Victims of Crime, summarizes comments from the panel of crime victims and survivors and provides 10 recommendations for improving services to victims and survivors throughout the community corrections process.

 

 

Serving Crime Victims and Witnesses 2nd Edition (February 1997) Serving Crime Victims and Witnesses 2nd Edition (February 1997)

 

This resource provides a detailed discussion of strategies for planning, implementing, and refining victim assistance programs, with examples of program operations and activities, as well as suggestions of resources for further assistance.

 

 

The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004 The Availability of Crime Victims' Rights Under the Crime Victims' Rights Act of 2004

 

This memorandum opinion, written by the United States Attorney General’s office, discusses the Crime Victim’s Rights Act.

 

 

USA Bulletin: Victims' Rights (January 1999) USA Bulletin: Victims' Rights (January 1999)

 

This United States Attorneys' bulletin is dedicated solely to victim-witness matters, with emphasis on the role of prosecutors. This special 96-page issue also chronicles legislation from the past two decades that provides procedural and remedial rights to victims, such as the Mandatory Victims Restitution Act of 1996, the Emergency Witness Assistance Program, the Crime Victims Fund, and the Drug Victim Initiative.

 

 

Use of Victim Service Agencies by Victims of Serious Violent Crime, 1993-2009 (August 2011) Use of Victim Service Agencies by Victims of Serious Violent Crime, 1993-2009 (August 2011)

 

This report, authored and distributed by the Bureau of Justice Statistics, presents data from the National Crime Victimization Survey (NCVS) on trends in the percentage of serious violent crime victims who received help or advice from a victim service agency from 1993 to 2009.

 

 

Victim Services: Promising Practices in Indian Country (November 2004) Victim Services: Promising Practices in Indian Country (November 2004)

 

This monograph, funded and distributed by the Office for Victims of Crime, describes promising practices for assisting victims of violence and abuse in 12 Indian Country locations throughout the United States. Each description includes the program’s keys to success, relevant demographic data, and a contact for further information.

 

 

What You Can Do If You Are A Victim of Crime (2010) What You Can Do If You Are A Victim of Crime (2010)

 

This Office for Victims of Crime brochure explains the rights of victims of crime and the compensation and assistance resources available to them. It also lists national organizations that help victims find information or obtain referrals.

 

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy