Victims’ Rights and Remedies
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victims’ Rights
32 states have victims’ rights amendments to
state constitutions
All states have some form of victims’ rights
legislation
Laws differ but have common goal of
enhancing victims’ rights:
◦ Victim privacy
◦ Victim protection
◦ Victim participation
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Common Victims’ Rights
Given by State
Less than half the states give all victims’ rights
All states give at least some victims these
rights:
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Right to compensation
Notification of rights
Notifications of court appearances
Ability to submit victim impact statements (VISs)
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Common Victims’ Rights
Given by State
Common rights given to victims in majority of
states include:
◦ Right to restitution
◦ Right to be treated with dignity and respect
◦ Right to consult with court personnel before plea
bargains offered or defendant released from custody
◦ Right to protection
◦ Right to a speedy trial
◦ Protection of jobs
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Notification
Keeps victims apprised of case status at various
stages of CJ process—may include
◦ Notification when offender is arrested and
released
◦ Notification about time/place of court
proceedings and changes in court proceedings
◦ Notification of parole hearings
◦ Notification of release from custody at the end
of sanction
Notification responsibilities placed on police,
prosecutor, and corrections
Many states have automated systems
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Participation and Consultation
Victims’ rights movement goals included
increasing victim participation and consultation
Participation encouraged through victim impact
statement
Victim consultation
◦ Consult with judge/prosecutor before plea bargain
offered or bail set
◦ Consultation before offender paroled or sentenced
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Right to Protection
Participation in CJS may endanger victims
Many states include safety measures
among victims’ rights
◦ No-contact or protective orders
◦ Secure waiting facilities for victims in court
◦ Protection of victim privacy—CJ records may
disclose minimal victim contact information
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Right to a Speedy Trial
About half the states provide speedy trial right
to victims
Ensures the judge considers victim’s interests
when ruling on continuances
◦ Postponement decisions cannot be made without
consideration of the victim
Some states provide for accelerated
dispositions in cases with elderly, disabled, or
child victims
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Rights Related to Evidence
Victims have right to return of property taken
as evidence
Some states protect victims from having to pay
for collection or testing of evidence (rape kits)
Some states give victims’ rights relating to
notification of status of kits and if a match was
identified
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Issues With Victims’ Rights
Some resistance to giving victims formal rights
Law is written with state as aggrieved party
U.S. Constitution provides protections for
suspects but not victims
Federal victims’ rights amendment very
controversial
Some concerns that giving rights to victims will
create burden on CJS
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Issues With Victims’ Rights
Lack of recourse for victims whose rights are
violated
Many states do not have remedies in victims’
rights legislation
Many victims can do little if rights not
protected
Some states specifically state that victims may
not file civil suit against government agency or
official if rights are violated
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Federal Law
1982—Federal Victim Witness Protection Act
◦ Guidelines for officials on how to respond to victims
and witnesses
1984—Victims of Crime Act (VOCA)
◦ Created Office for Victims of Crime
◦ Provided funds for state victim compensation
programs
1990—Child Victims’ Bill of Rights
◦ Extended victims’ rights to children
◦ Child should be able to understand proceedings
◦ Advocate provided for children
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Federal Law
1990—Crime Control Act and Victim’s Rights
and Restitution Act
◦ Created federal bill of rights for victims of federal
crime
1994—Violent Crime Control and Law
Enforcement Act
◦ Includes Violence Against Women Act
◦ Gave over $1 billion to programs addressing violence
against women
◦ Created national child sex offender registry
◦ Increased victim compensation program funding
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Federal Law
1996—Antiterrorism and Effective Death
Penalty Act
◦ Made restitution mandatory in violent crime cases
◦ Gave victims the right to make victim impact
statements during sentencing
1997—Victims’ Rights Clarification Act
◦ Clarified victims’ right to attend offenders’ trials
2000—Violence Against Women Act
◦ Funding for rape prevention/education, shelters
◦ Expanded federal stalking statute
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Federal Law
2004—Justice for All Act
◦ Strengthened federal crime victims’ rights
◦ Money to test rape kit backlog
2013—Sexual Assault Forensic Evidence
Reporting Act
◦ Grants to audit sexual assault kit backlog
Federal constitutional amendment
◦ Introduced in Congress 7 times since 1996
◦ Has not yet been adopted
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Compensation
Financial remedy for victims who suffer
economic losses
Programs state-run—Every state has a program
Multiple funding sources:
◦ Fees and fines paid by criminals
◦ Federal Crime Victims Fund
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Compensation
Not all victims eligible for compensation
Eligibility requirements include:
Must be victims of personal crime
Must report crime promptly to police
Must cooperate with investigation
Must apply within 1 year of crime
Costs may not be covered by other sources
(insurance, restitution)
◦ Must not have participated in criminal conduct that
caused or contributed to victimization
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Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Compensation
Covered expenses may include:
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Medical and mental health care costs
Funeral costs
Lost wages
Some states have expanded coverage
Property damage and loss not covered
State caps typically range from $10,000 to
$25,000 per incident
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Compensation
Problems with victim compensation programs
◦ Most eligible victims do not actually receive
compensation
◦ About 25% of claims are denied
◦ Programs do not seem to encourage CJS
participation
◦ Little evidence that victims receiving compensation
are more satisfied or more likely to participate in CJ
process
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Restitution
Money paid by offender to victim as part of
court-ordered sentence
Wider range of covered expenses
◦ Can also include costs of stolen/damaged property
◦ Limited to tangible expenses
Benefits
◦ Based on restorative justice—helps restore offender
and victim to precrime state
Problems
◦ Offenders must be caught for restitution to be
ordered
◦ Hard to determine appropriate amount for restitution
◦ Offenders may lack funds to pay
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Civil Litigation
Allows victim to recoup uncompensated costs
Advantages
◦ Victim has control
◦ Victim can seek money for emotional harm
◦ Lower standard of proof
Problems
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Offender must be identified first
Offender may not be able to pay damages
Cost to victim—civil lawsuits can be expensive
May drag on for years
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Remedies and Rights in Court
Victims have rights at various phases of CJS
Police response to victims often shapes how
victims view CJS
Impacts future dealings if revictimized
Victims report high levels of satisfaction when
police meet their expectations
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Impact Statements
(VISs)
Written or oral statement expressing impact of
crime on direct or indirect victims
May submit VIS at sentencing and parole
hearings
Benefits
◦ Gives victims opportunity to be heard in court
◦ Provides information to the court and CJ officials
◦ Offender hears the impact of the crime
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim Impact Statements
(VISs)
Not all victims choose to make VIS
◦ May be uncomfortable
◦ May fear retaliation
◦ May be unaware of right
VIS may impact the offender’s sentence
◦ Question of equal justice for offenders
Making VIS may be traumatizing for victims
◦ Cause dissatisfaction if recommendations not
followed
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim/Witness Assistance
Programs (VWAPs)
Provide assistance to victims navigating CJS
Ensure victims know their rights, have
resources needed to exercise rights
Goal is to increase victim and witness
participation in CJS
Many provided by prosecutors’ offices
Largely oriented toward ensuring witnesses
cooperate and participate in court proceedings
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Family Justice Centers
“One-stop shop” for victims
Provide variety of services victims may need in
one location
Victims receive multiple services without having
deal separately with large number of health and
social service agencies
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Restorative Justice
Traditional CJS adversarial, offender-centered
Restorative justice movement is more victimcentered
Based on belief that all parties impacted by
crime should be involved in resolution
◦ Sees crime as harm to state, community, and victim
◦ Allows for input from offender, victim, and
community members harmed by crime
Justice is a cooperative effort
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Restorative Justice
Victim–offender mediation programs
Face-to-face meetings between victim and
offender
Family or community group conferencing
◦ Victim, offender, family, friends, and supporters of
both collectively address aftermath of crime
Peacemaking or sentencing circles
◦ Includes victim, offender, community members,
victim and offender supporters, and members of CJS
◦ Designed to give all parties a voice
◦ Also designed to address causes of criminal behavior
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim–Offender Mediation
Programs
Over 300 in the United States today, over 700
in Europe
Most commonly occurs as diversion from
prosecution
◦ Victim and offender must agree to mediation
◦ Offender must complete any requirements set out in
mediation agreement
◦ Offender not formally prosecuted in CJS
Can be condition of probation
Victims can meet with offenders in structured
environment
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Victim–Offender Mediation
Programs
Outcomes may include restitution plan for
offender
Benefits
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Reduced fear/anxiety among victims
High levels of victim and offender satisfaction
Offenders more likely to complete restitution
Reduced recidivism
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Recurring Victimization
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Types of Recurring
Victimization
Recurring Victimization
◦ Person/place is victimized more than once
Repeat victimization
◦ Person/place is victimized more than once by the
same type of victimization
Revictimization
◦ Person is victimized more than once by any type of
victimization across a relatively wide span of time
◦ Usually studied in terms of sexual abuse/assault
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Types of Recurring
Victimization
Polyvictimization
◦ Generally used for childhood recurring victimization
when child has experienced multiple forms of
victimization
Near-repeat victimization
◦ Place is victimized that is in close proximity to a
previously victimized place
◦ Occurs because of crime displacement within a
relatively small geographical area
◦ Often studied in reference to burglary
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Extent of Recurring
Victimization
England/Wales data—23% of violent victims are
repeat victims
NCVS (2015)—1% of victimizations were series
victimization
Canada General Social Survey on Victimization
(2004)—38% of victims experienced recurring
victimization
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Extent of Recurring
Victimization
Intimate partner violence, rape, assault, and
property crime victims at higher risk of repeat
incidents
Recurring victims experience disproportionate
share of all victimizations
Daigle, Victimology 2e, SAGE Publishing, 2018.
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The Time Course of
Recurring Victimization
Recurring victimization likely to happen
quickly—usually little time between incidents
Residential burglary research
◦ Repeat crime likely to happen within 1
month of initial burglary
◦ Many occur within 1 week
Daigle, Victimology 2e, SAGE Publishing, 2018.
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The Time Course of
Recurring Victimization
Domestic violence and sexual victimization
also have period of heightened risk
◦ Domestic violence revictimization within 5 weeks
◦ Sexual victimization of college women—subsequent
incidents occur within 1 month
Near repeats most likely to occur within 2
weeks
Heightened risk declines over time
Near-repeat risk spatially concentrated
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Crime-Switch Patterns and
Victim Proneness
Repeat victims most likely to experience the
same type of victimization
Theft victims who are revictimized most likely
to experience another theft
Victim proneness also found for sexual
victimization
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Individual-Level Risk Factors
for Recurring Victimization
Demographic characteristics
◦ Male, young, single/separated/divorced, low Sexual
Experiences Survey (SES) for personal crime, high SES
for property crime, and unemployment
Risky lifestyle
◦ Spending time away from home, using public
transport after 6 p.m., spending time with delinquent
peers, involvement in delinquency/dangerous
behavior, and alcohol use
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Individual-Level Risk Factors
for Recurring Victimization
Genetic factors linked to victimization and
repeat victimization
Psychological and cognitive factors
◦ PTSD and mental illness
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Neighborhood or HouseholdLevel Risk Factors
Neighborhood characteristics
◦ Urban areas
◦ Neighborhoods with high number of single-parent
households
◦ Neighborhood disorder
Household characteristics
◦ Low-income household (personal victimization);
higher incomes (property victimization)
◦ Having children
◦ Multiple cars
◦ 2+ adults in the home
◦ Renting
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Theoretical Explanations of
Recurring Victimization
Risk heterogeneity/“flag” explanation
◦ Focuses on victim qualities/characteristics
◦ Qualities put victim at initial risk, keep them at
subsequent risk if unchanged
State dependence/“boost” explanation
◦ Circumstances during/after victimization
◦ Reactions to initial victimization predict future risk
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Theoretical Explanations of
Recurring Victimization
Compounding vulnerability argument
◦ Those with highest level of underlying propensity for
victimization are at risk of future victimization
because of state dependence processes
Victimization salience perspective
◦ State dependence processes most salient among
those with lowest underlying risks
Negative state dependence perspective
◦ Low-risk persons experience negative state
dependence
◦ Victimization event reduces future risk
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Consequences of Recurring
Victimization
Experiencing more than one victimization can
be particularly bad for victims
Youth who experience polyvictimization also
experience higher levels of distress
◦ Linked to increase in depression, anxiety, and
anger/depression in children aged 2–11
Daigle, Victimology 2e, SAGE Publishing, 2018.
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Responses to Recurring
Victimization
Efforts need to target risk factors that cause
recurring victimization
Most efforts target specific types of crime
◦ Repeat burglary
◦ Recurring sexual victimization
◦ Intimate partner violence
Daigle, Victimology 2e, SAGE Publishing, 2018.
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