Crime Victims' Rights Month: The Attention Belongs to Victims

According to the California Attorney General’s Office, over 440 violent crimes are reported in California each day. During April, CalVCP observes California Crime Victims’ Rights Month (CVRM) to honor, recognize, support, and advocate for survivors of violence.

In a time when much attention is placed on the criminal offenders, and even offender rights, it is imperative that we bring focus back to the victims who need it. This year’s CVRM theme, “Victims’ Rights, Victims’ First,” underscores the need to make victims’ rights a top priority.

Violent crime does not discriminate; it can affect anybody, in any community. During CVRM, our hope is not only to raise awareness, but to inspire action. We encourage everyone to take the time to learn about your rights and the services available to you and your loved ones.

CalVCP will honor victims and thank those who assist them throughout a number of activities during Crime Victims’ Rights Month. We encourage you to join and participate:

• County Observances — CalVCP will join county officials across the state to honor both victims and the advocates who help guide survivors through the justice process and direct them to critical resources.
• Podcasts — CalVCP will release a series of short interviews with courageous survivors who will share their experiences and describe their healing process.
• Victims’ Rights Digital Town Hall — CalVCP will host an online town hall discussion addressing a variety of topics, including how to reach the underserved through collaborative efforts.
• CVRM April 2014 Public Service Announcement — This video features California Attorney General Kamala D. Harris speaking to survivors, advocates, and community leaders on the important work being done to prevent crime, provide services to victims, and honor the lives of those lost to violent crimes.
• Blogs — CalVCP will post a number of guest blogs examining issues, personal stories, and helpful tools and services, written by respected leaders in the victims’ rights community.
• Denim Day — On Wednesday, April 23rd, CalVCP and millions across the nation will wear denim as a symbol of protest against erroneous and destructive attitudes about sexual assault.

For more information, visit CalVCP's California Crime Victims’ Rights Month website.

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The California Victim Compensation Program (CalVCP) provides compensation for victims of violent crime. CalVCP provides eligible victims with reimbursement for many crime-related expenses. CalVCP funding comes from restitution paid by criminal offenders through fines, orders, penalty assessments and federal matching funds.

Restitution: A Fundamental Right for Victims

By National Crime Victim Law Institute

Victims of crime often suffer immeasurable harm as a result of the criminal conduct inflicted on them. The economic impact of such harm is rightly borne by the perpetrator, not the victim. Restitution is one mechanism by which the justice system can ensure that the perpetrator, not the victim, bears the burden. Restitution is ordered in criminal sentences and is money paid from the offender to the victim for losses that the victim suffered as a result of the offender’s crime. Ordering and securing collection of restitution is an important part of ensuring that victims are treated fairly and with dignity. Fortunately, every jurisdiction has a statutory provision providing a right to restitution, and at least eighteen states have enshrined the right in their constitutions. (Read more in NCVLI’s publication, A Summary of 12 Common Victims’ Rights). These restitution provisions have evolved out of a historical framework embodying both compensatory and penological (e.g., deterrence, rehabilitation, and accountability) aims.

Victims are fighting every day to secure full restitution orders.

Despite these laws affording victims statutory and constitutional rights to restitution, victims are fighting every day to secure full restitution orders and to recover even pennies on the dollar of those orders. NCVLI is a part of this fight. We are working to ensure that the right to restitution is meaningful so that victims are not asked to finance their own victimization.

As part of this fight we are working on four restitution cases pending in appellate courts right now! One of these is in front of the Oregon Supreme Court in a case in which defendant pled guilty to DUII and Assault IV and everyone in the case agreed on the economic losses of the victims. Despite this the trial court awarded the victims only 10% of their losses because the trial court thought the victims were “at fault” also. This insertion of what is known in civil law as “comparative fault” is a dangerous turn that could result in victims being put on trial and increased victim-blaming. NCVLI secured pro bono counsel for these victims and has submitted an amicus brief in the case!

In another case we are fighting in the Utah Supreme Court in a case in which defendant - convicted of unlawful sexual conduct with a minor not involving intercourse - has objected to the victims recovering the costs of travel and lost wages related to their attendance at court proceedings. NCVLI is submitting an amicus brief on the law. In this and all of our restitution cases we pose the question - how can we ask victims to report crimes and participate in our justice system if we turn around and hand them a bill?

We passed laws nationwide to ensure that victims of crime do not have to finance their own victimization. We must now fight to ensure that those rights are meaningful!

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The National Crime Victim Law Institute (NCVLI) is a nonprofit educational and advocacy organization located at Lewis and Clark Law School in Portland, Oregon. NCVLI’s mission is to actively promote balance and fairness in the justice system through crime victim-centered legal advocacy, education, and resource sharing. NCVLI achieves its mission through education and training; promoting the National Alliance of Victims’ Rights Attorneys; researching and analyzing developments in crime victim law; and participating as amicus curiae in court cases nationwide, and assisting crime victim attorneys, advocates, and victims by providing information on crime victim law. NCVLI’s website contains a library on victim law.

Reprinted and/or reproduced with permission of the National Crime Victim Law Institute (NCVLI), all rights reserved. NCVLI actively promotes balance and fairness in the justice system through crime victim centered legal advocacy, education, and resource sharing. To view NCVLI’s library of crime victims’ rights publications, please visit www.ncvli.org.

Victims Have Rights, Too!

By Kimberly Buchholz and Mariam El-Menshawi, Directors of the Victims of Crime Resource Center

California victims of crime are underserved. Too often, victims are unaware of their rights, the methods of exercising those rights, and the locations of services available to them at the state and community levels. Concern for the plight of victims by the state legislature, local governments, and private organizations has increased both awareness of, and ready access to, much-needed assistance for crime victims. Nevertheless, when people become victimized by crime they are often unaware of their rights, and are unfamiliar with the services that are available to them to help address the trauma and cost of victimization. Since the passage of Proposition 9, also known as Marsy’s Law, in 2008, it is even more critical that victims are made aware of their rights. The novel nature of Marsy’s Law has required victim service providers to seek assistance with legal issues.

Through its toll-free 1-800-VICTIMS phone number, victims who might otherwise go unserved can learn of their legal rights and access valuable programs and community resources.

The Victims of Crime Resource Center thus fills an important role. Through its toll-free 1-800-VICTIMS phone number, victims who might otherwise go unserved can learn of their legal rights and access valuable programs and community resources. The Center provides victims with free legal information for ensuring better access to the criminal and juvenile justice systems. The Center also offers free legal research to victim service providers. In addition to the 1-800-VICTIMS line, the Center operates the www.1800VICTIMS.org website. The website includes up-to-date information on statewide victims’ rights issues, legal matters, and a myriad of victims’ rights publications. Additionally, the website contains a comprehensive statewide list of referrals to local resources. These include victims’ assistance resources, including legal and medical services, domestic violence shelters, financial assistance, counseling services, and victims’ support groups.

As part of our “Know Your Rights” campaign, the Center conducts regular presentations for the Sacramento Food Bank, the Mexican Consulate, domestic violence shelters, and local schools. The Center educates the community on everything from Marsy’s Law to identity theft to domestic violence to cyber bullying. The Center’s goal is to not only prevent victimization, but also to raise awareness that all victims in California have rights in our criminal and juvenile justice systems.

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Kimberly Buchholz (right) and Mariam El-Menshawi direct the Victims of Crime Resource Center, operating since 1984 at the University of the Pacific, McGeorge School of Law in Sacramento. In addition to operating the toll-free 1-800-VICTIMS phone line and www.1800VICTIMS.org, the Center also provides free legal representation to victims whose cases are located in Sacramento County. The Center is a project of the California Emergency Management Agency