Victim Rights
T or F: Victims can have legal rights during the CJ process
True
What is the primary role of a victim advocate?
To support victims, provide information and resources, and help them navigate systems and services
Who generally represents the government in a criminal prosecution?
A prosecutor
A victim advocate is the victim's attorney.
Myth! An advocate provides support and services but generally does not serve as the victim's attorney.
What is one type of resource a victim advocate might provide to a victim?
- Shelters
- Counseling
- Legal services
- Medical care
- Crisis services
- Financial assistance
What does a victim's "right to be heard" generally mean?
A victim may have an opportunity to express their views during certain parts of the criminal justice process
T or F: A victim advocate decides whether a victim should report their crime.
False, the advocate supports the victim's choices rather than making that decision for them.
What is a victim impact statement?
A statement describing how a crime affected the victim, often used during sentencing or other stages where permitted.
A victim's calm behavior immediately after a crime means they probably weren't seriously affected.
Myth! People can respond to trauma in very different ways.
What is victim compensation?
A program that may provide financial assistance for certain expenses resulting from qualifying crimes, depending on eligibility requirements.
T or F: A victim's rights are the same in every state.
False, victims' rights and procedures can vary by state and jurisdiction.
What does it mean to take a "trauma-informed" approach when helping a victim?
Recognizing the effects of trauma and responding in a way that promotes safety, respect, and choice
A victim refuses to participate in an investigation. What is one reason an advocate should avoid assuming that the victim “doesn't want justice”?
There can be many reasons someone may not participate, including fear, safety concerns, trauma, relationships, financial dependence, or distrust of the system.
A victim who continues communicating with an abusive partner must not actually be experiencing abuse.
Myth! There can be many reasons someone remains in or returns to an abusive relationship.
What Texas program can provide financial assistance for certain expenses resulting from qualifying crimes?
The Texas Crime Victims' Compensation Program.
What is one thing a victim may have the right to receive information about?
- Available support services
- Offender status
- Court proceedings
- Case updates
An advocate believes a victim is making a decision that could put them at greater risk. Should the advocate simply make the decision for them?
No. The advocate should discuss safety concerns, provide information, and help the victim consider options while respecting their autonomy, subject to any applicable safety or reporting requirements.
A victim says, “The prosecutor works for me because I'm the victim.” What is the best correction?
The prosecutor represents the government/state, not the victim personally. The victim may have rights and opportunities to participate, but the prosecutor's role is different from that of a personal attorney.
A victim is always legally entitled to every service offered by a victim-service organization.
Myth, different programs have different eligibility requirements and limitations.
What is 2-1-1 Texas useful for when helping a victim?
It can connect people with community resources such as housing, food, crisis support, and other services
A victim wants to know what is happening with their case. What type of right may allow them to receive updates about the case?
A right to information/notification about the criminal justice process or case status.
A victim repeatedly changes their mind about whether they want to pursue a case. What principle should an advocate keep in mind?
The victim's autonomy and right to make their own decisions, while continuing to provide accurate information and support.
What is the difference between restitution and victim compensation?
Restitution is generally money ordered from the defendant to compensate a victim for certain losses. Crime Victims' Compensation is a government program that may help eligible victims with certain crime-related expenses.
Myth or Fact: Victim advocates should always encourage victims to report a crime to law enforcement.
Myth! An advocate can explain options and resources, but advocacy generally centers on supporting the victim's autonomy rather than making the decision for them.
What is the difference between a Victim Assistance Coordinator and a Crime Victim Liaison in Texas?
A Victim Assistance Coordinator works through a prosecutor's office, while a Crime Victim Liaison works through a law enforcement agency.