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Victim-Witness Rights

"Crime Victim" (18 U.S.C. Sec. 3771(e)) -a person directly and proximately harmed as a result of the commission of a federal offense or an offense in the District of Columbia. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased:

  • The legal guardians of the crime victim or the representatives of the crime victim's estate, or
  • family members, or
  • any other persons appointed as suitable by the court

A crime victim has the following rights: (Pursuant to 18 U.S.C. Sec 3771(1))

  • The right to be reasonably protected from the accused.
  • 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.
  • 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 the proceeding.
  • The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
  • The reasonable right to confer with the attorney for the Government in the case.
  • The right to full and timely restitution as provided in law.
  • The right to proceedings free from unreasonable delay.
  • The right to be treated with fairness and with respect for the victim's dignity and privacy.
Updated February 19, 2015