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Victims' Rights

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What are my rights under federal law?

Victims' Rights
Federal Law - 42 U.S.C. 10606(b)

  1. The right to be treated with fairness and with respect for the victim's dignity and privacy.

  2. The right to be reasonably protected from the accused offender.

  3. 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.

  4. The right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding.

  5. The reasonable right to confer with an attorney for the Government in the case.

  6. The right to full and timely restitution as provided in law.

  7. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

  8. The right to proceedings free from unreasonable delay.
  9.  The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
  10.  The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c) and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.

What other laws affect victim's rights?

In addition to the Victim and Witness Protection Act (VWPA) of 1982, applicable laws include:

  • Victims of Crime Act of 1984

  • Victims Rights and Restitution Act of 1990

  • Violent Crime Control and Law Enforcement Act of 1994

  • Antiterrorism and Effective Death Penalty Act of 1996

  • Victim Rights and Clarification Act of 1997

 

Updated June 10, 2016