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Victims' Rights (US)
5WAVES are not attorneys and this is not legal advice.
Please visit our Finding a Lawyer page for assistance.
In the US, a person who is accused of a crime has constitutional rights. They are offered the services of a public defender if they cannot afford their own lawyer. But a person who reports a crime actually has fewer legal protections, and no attorney to represent them directly. If you or someone else reports a sexual crime against you to the law, what rights and protections do you have?
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Every state, territory, and indigenous-ruled land is different. Start here to get information for your state or tribal system:
State Support | Office for Victims of Crime
Victim Connect Victim Connect chat/phone
Tribal Resource Tool Tribal Resource Connect
Victimlaw.org–Victims’ Rights comprehensive overview of victim rights​
Here are some rights that victims have in almost every state.
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To be notified and be present at all the defendant’s court appearances
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To be protected against intimidation and retaliation
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To consult with the prosecutor handling the case
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To have their identity kept private
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To be protected against questioning regarding irrelevant sexual information
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To receive compensation, counseling or other services related to the consequences of the crime
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To make a statement at some court proceedings, such as sentencing, parole or probation decisions
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To be notified when the offender is arrested, released, or deceased
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To be notified of the offender’s STD test results
In many cases, the victim must tell the prosecutor’s office that they want to exercise these rights--for example, to be notified of court appearances or to make a victim impact statement at sentencing.
In criminal court, the prosecuting attorney (District Attorney, DA, State's Attorney, etc) is actually representing the government, not you the victim. Usually they work closely with you and consult you on important decisions--such as whether to charge, whether to offer a plea deal, etc. But they are not required to follow your wishes. And only the prosecutor can make the final decision of whether or not to "press charges".
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A prosecutor cannot send someone to prison or put them on the sex offender registry. The prosecutor instead argues the case through the criminal justice process. The defendant needs to plead guilty to a crime, or be found guilty by a jury, to be sentenced to prison and/or to be required to register as a sex offender.
One of the most effective court actions you can take is to file for a Civil Protection Order (Restraining Order). These require a person who has been abusive towards someone to stay away from that person. The specifics of who can get one, how, when, and even what they are called is different in every state. Use these tools to find an agency who can help you to get one in your area:
RAINN.org State-by-State Listing of Domestic and Sexual Violence Service Centers
RAINN.org Interactive Map: Find a Sexual Assault Crisis Center Near You​
LawHelp.org Interactive Map: Find Free & Low Cost Legal Help in US States and Territories
You may start a case against someone who has harmed you in civil court. The standard of proof to decide a case in your favor is lower in civil court. They can award damages--money or other kinds of restitution--but cannot convict anyone of a crime or place them on the sex offender registry.
An attorney can directly represent you in civil court, but you have to find and hire the attorney yourself. Often the attorney doesn’t require payment unless they win the case and you get a monetary settlement. But this means they will not take your case unless they expect you can win. You are usually not charged for an initial meeting, where they decide whether or not to take your case. The other party would also have to hire their own attorney, as there are generally no public defenders for civil cases. LawHelp can help you locate Legal Aid services in your area, if your income qualifies.
Additional Resources
VictimConnect.org Multilingual Helpline for any victim of crime
​RAINN.org What to Expect from the Criminal Justice System
RAINN.org Communicating with Law Enforcement
Victimlaw.org Searchable Database of State, Federal, and Tribal Law in the US
Find Your State's Office for Victims of Crime
Victim Witness Unit, Dane County DA one county's resources for crime victims (for example only, legal specifics apply only to the state of Wisconsin)​​
Good overview of the court process and roles of everyone: 8 1/2 minute video preparing children for what to expect when they testify in court; from Kristi House in Dade County, FL