Victim's Rights Information

Victim's Rights

If you have been a victim of a crime, you are entitled to “victim rights” by the State of California.

For information regarding “The Victims’ Bill of Rights Act of 2008” Marsy’s Law,
call the Attorney General’s Victim Services Unit
https://oag.ca.gov/victimservices/marsys_law
(877) 433-9069

On November 4, 2008, the People of the State of California approved Proposition 9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This measure amended the California Constitution to provide additional rights to victims. This card contains specific sections of the Victims’ Bill of Rights and resources. Crime victims may obtain additional information regarding Marsy’s Law and local Victim Witness Assistance Center information by contacting the Attorney General’s Victim Services Unit at (877) 433-9069.

A ‘victim’ is defined under the California Constitution as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ‘victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term ‘victim’ does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.” (Cal. Const., art. I, § 28(e).)

Local Resources and Support Groups
Your local Victim Witness Assistance Center can provide advocacy and specific information on local resources, the Victim Compensation Program, nonprofit victim’s rights groups and support groups. To obtain information on the Victim Witness Assistance Center nearest to you, contact:

Attorney General’s Victim Services Unit
https://oag.ca.gov/victimservices
(877) 433-9069

California Statewide and National Resources
The following are some of the resources available to victims and their families. This is not an exhaustive list. The Attorney General offers these references for informational purposes only.

• California Department of Corrections and Rehabilitation, Office of Victim & Survivor Rights & Services, (877) 256-OVSS (6877) www.cdcr.ca.gov/victim_services
• Rape, Abuse, Incest, National Network, (800) 656-HOPE, http://www.rainn.org/
• California Partnership to End Domestic Violence, (800) 524-4765 www.cpedv.org
• Victims of Crime Resource Center, Pacific/McGeorge School of Law
  (800) 842-8467, (800) VICTIMS, www.1800victims.org
• National Center for Victims of Crime, (800) FYI-CALL, (800) 394-2255 victimsofcrime.org/
• National Domestic Violence Hotline, (800) 799-SAFE (7233) www.ndvh.org

Victim Compensation Program

Help for victims* of:

* The definition of victim under the Victim Compensation Program may differ from the definition under the California Constitution.

What potentially can the Victim Compensation Program help pay for?

For more information contact your local Victim Witness Assistance Center or:

In order to preserve and protect a victim's rights to justice and due progress, a victim shall be entitled to the following rights:

1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.
3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
4. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
5. To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
10. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
12. To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
13. To restitution.
    1. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
    2. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
    3. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
14. To the prompt return of property when no longer needed as evidence.
15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender
16. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
17. To be informed of the rights enumerated in paragraphs (1) through (16).

A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.
(Cal. Const., art. I, § 28(c)(1).)

If you need victim/witness information you can contact the Contra Costa District Attorney Victim Witness Assistance Center who provide victims and witnesses with information about the criminal justice system and their case; referrals for counseling and therapy; assistance with victim impact statements, restitution and Victim Compensation Program application; court support and many other services.

Call the Contra Costa District Attorney Victim Witness Assistance Center
(925) 646-2474 or visit www.contracostada.org

• For more Victim Resources click here.
• If you have been a victim of Domestic Violence, click here for more information.
• If you have been a victim of Hate Violence, click here for more information about "Hate Violence & Civil Rights" (pdf)
• If you have been a victim of Discrimination, click here for more information on "Discrimination is Against the Law" (pdf)

YOUR RIGHTS AS A SURVIVOR OF SEXUAL ASSAULT

You are never required to participate in the criminal justice system or receive a physical exam in order to keep your rights. You get to choose whether you get an exam, whether and how you report the assault, and how much you participate in the process.

YOU HAVE THE RIGHT TO

• Contact Your Local Rape Crisis Center:
  COMMUNITY VIOLENCE SOLUTIONS (CVS)/RAPE CRISIS:
  Local rape and child molest program, counseling, and victim advocacy     (800) 670-7273

YOU HAVE THE RIGHT TO

• Seek a Civil Protection Order: More information on the process here: http://www.courts.ca.gov/1260.htm
• Seek an Emergency Protective Order: To help keep you safe. (Ask a law enforcement officer).
• Seek Financial Assistance: for covering the costs arising from your assault (through Victim Compensation in California), the process for applying can be found here: http://victims.ca.gov/victims/howtoapply.aspx.
• Have a 24-Hour Confidential Sexual Assault Counselor (victim advocate) or at least one other person of your choosing present during any exam or investigative interview.

YOU HAVE THE RIGHT TO

This is an outline of your rights and resources and may not include all the rights/options that may be available to you. Under California law (Cal. Penal Code § 680.2).

• Ask for the Status and Results of the analysis of all evidence related to your assault.
• Ask the law enforcement officer for a tracking number and steps to get follow up information.
• Know that DNA and other types of evidence can degrade/break down overtime due to exposure to heat, water, and other materials. In general, DNA evidence on the body last from 12 hours to 7 days. YOU HAVE THE RIGHT TO BE INFORMED OF THE FOLLOWING:
• Whether or not the evidence is analyzed within 18 months of your assault.
• Whether or not a DNA profile of your assailant was developed from the evidence.
• Whether or not the DNA profile of your assailant has been entered into the law enforcement database.
• Whether or not the DNA profile of your assailant matches a DNA profile contained in the law enforcement database.
• If the evidence related to your assault will be tested, it should be transported to the lab and analyzed within 24 MONTHS The evidence related to your assault must be kept for 20 YEARS, or for victims under age 18 at the time of the offense, until your 40th birthday You have the right to request in writing and receive a FREE COPY OF THE INITIAL CRIME REPORT related to your assault.
• If your assailant is convicted and required to register as a sex offender, you have the right to REQUEST THEIR SEX OFFENDER REGISTRY INFORMATION from the prosecutor. If the evidence related to your assault will be tested, it should be transported to the lab and analyzed within 24 MONTHS The evidence related to your assault must be kept for 20 YEARS, or for victims under age 18 at the time of the offense, until your 40th birthday.
• You have the right to request in writing and receive a FREE COPY OF THE INITIAL CRIME REPORT related to your assault.
• If your assailant is convicted and required to register as a sex offender, you have the right to REQUEST THEIR SEX OFFENDER REGISTRY INFORMATION from the prosecutor. Any questions related to your rights as a survivor of sexual assault can be answered by your rape crisis center confidential advocate. Advocates are trained in support services, local referrals, and law enforcement and other government processes.