Legal Rights for Crime Victims and Child Abuse Definitions

Essential Rights of Crime Victims

• Right to Notice: The right to advisement of the existence of crime victims’ rights and the right to advisement of specific events during the criminal justice process.
• Right to be Present: The victim can physically attend the criminal trial and other criminal justice proceedings related to the investigation, prosecution, and incarceration of his or her offender.
• Right to be Heard: The right to make an oral and/or written statement to the court at a criminal justice proceeding (Victim Impact Statement).
• Right to Reasonable Protection: The victim’s right to safety from the accused.
• Right to Restitution: Money paid by the offender to the victim for losses that the victim suffered as a result of the offender’s crime.
• Right to Information and Referral: The right to be informed about criminal proceedings and available resources.
• Right to Apply for Victim Compensation: Money paid by the government to a crime victim to reimburse the victim for certain losses incurred as a result of a crime.
• Right to Proceedings Free from Unreasonable Delay: The right to proceedings not free from any delay but free from unreasonable delay.
• Rights to Confer: The right for the victim to both gather and provide information about the crime and the process to the prosecutor.
• Right to Copy of the Presentence Report and Transcripts: The right to access a copy of the presentence report and transcripts of court proceedings critical to a victim’s ability to actively and meaningfully participate in the proceedings.
• Right to Standing and Remedies: Refers to a crime victim's ability to independently assert and enforce his or her constitutional and statutory rights both at the trial level and, when appropriate, in appellate courts.

Understanding Victims of Child Abuse

• Neglect: The range of abandonment and the failure to meet a child's three basic requirements.
• Physical Abuse: Issues regarding basic supervision.
• Emotional Abuse: Concerns involving nurturing and affection.
• Educational Abuse: Providing support for academic or educational needs.
• Maltreatment: Acts of omission as well as commission, including neglect, physical abuse, sexual abuse, and emotional abuse.