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Sexual Assault Topics

redgreenblueandmore-ball.gif (1896 bytes) Victim's Rights


1.

A victim has the right of notice and explanation of available protections from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts. This includes protection orders, assistance in obtaining personal belongings, transportation to safe home or shelter, assistance in obtaining medical treatment, and other applicable services.

2.

Victim can make in writing or in person their wishes to have no contact with the defendant or any person acting on behalf of the defendant or the defendant’s counsel.

3.

Confidentially with respects to the victims address and phones numbers including but not limited to criminal proceedings, divorce, dissolution, and child custody proceedings.

4.

Refusal of making statement and/or recordings requested by the defendant or any person acting on the dependant’s behalf.

5.

The victim may have Counsel, the DA, or other accompaniment during statement or recordings.

6.

Information about violent crime compensation and the procedure for applying for compensation. This includes the possibility of recoverable attorney’s fees.  Note that the coverage of violent crime compensation was expanded to make claims on based on third or fourth degree assaults compensable.

7.

In felony, Domestic Violence, and Sexual Assault cases, the DA shall make a reasonable effort to confer with the victim about their testimony before the defendant’s trial.

8.

The victim shall be noticed for the date of trial.

9.

Shall be noticed in the defendant’s conviction and for what crimes.

10.

Notified of date, time, and location of sentencing hearings.

11.

Notified of sentencing or other event to which the victim is subpoenaed will not occur as scheduled.

12.

Notified of the address and telephone number of the office doing the pre-sentence report.

13.

Notification of right to make statement for the inclusion in pre-sentence report that may contain any relevant information including:

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An explanation of the nature and extent of the physical, psychological, or emotional harm or trauma suffered by the victim.

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An explanation of the extent of economic loss or property damage suffered

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An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for the loss or damage.

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Recommendation of the victim for an appropriate sentence.

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Notice of the right to submit to the sentencing court a written statement that the victim believes is relevant to the sentencing decision.

14.

In felonies, domestic violence, and sexual assault cases, the victim may appear personally at the defendants sentencing hearing to present an oral statement.

15.

After the conviction, information about the complete record of the defendant’s past conviction will be provided to the victim.

16.

Before the sentencing hearing, the victim will be provided with selected portions of the pre-sentence report.

17.

The victim will be provided written notice of the final disposition of the case within thirty day after final disposition (after conclusion of the appellate process.)

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This site was last updated 08/05/05 08:00 PM