U.S. Department of Justice

Washington, DC 20530

The Attorney General Guidelines for

Victim and Witness Assistance

2022 Edition

Effective March 31, 2023
Merrick B. Garland

Attorney General

Lisa O. Monaco

Deputy Attorney General

Vanita Gupta

Associate Attorney General

The Crime Victims Working Group proposed revisions to the 2022 edition of the Guidelines. 

The following components were members of that group.

Antitrust Division

Bureau of Alcohol, Tobacco, Firearms and Explosives

Civil Division

Civil Rights Division

Criminal Division

Drug Enforcement Administration

Environment and Natural Resources Division

Executive Office for United States Attorneys

Federal Bureau of Investigation

Federal Bureau of Prisons

National Security Division

Office of Justice Programs/Office for Victims of Crime

Office of Legal Policy

Office of Legislative Affairs

Office of the Pardon Attorney

Office of Privacy and Civil Liberties

Office of Tribal Justice

Office on Violence Against Women

Professional Responsibility Advisory Office

Tax Division

United States Marshal Service

United States Parole Commission
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FOREWORD

The Justice Department’s mission is to uphold the rule of law, keep our country safe, and protect 

civil rights. Treating victims of and witnesses to crime with dignity and respect is critical to this 

mission. Failure to provide victims and witnesses with appropriate assistance can expose them to 

further harm and impedes the Department’s ability to pursue and achieve justice. 

Given the importance of supporting victims and witnesses, I am pleased to issue this updated 

edition of the Attorney General Guidelines for Victim and Witness Assistance. These revised Guidelines 

reflect statutory updates, case law developments, the impact of technology, and lessons the 

Department has learned working with victims and witnesses. This resource prioritizes a victimcentered, trauma-informed, and culturally sensitive approach. It provides further guidance on 

how best to assist vulnerable victims. And, for the first time, the Guidelines include a section 

specifically dedicated to working with American Indian and Alaska Native communities. 

A positive experience with the criminal justice system can play a central role in victims’ ability 

to begin to recover from crime and witnesses’ desire to participate in the process. The Justice 

Department is committed to empowering survivors and fulfilling its responsibilities to them 

as they navigate the federal criminal justice system. Every day, Justice Department personnel 

honorably carry out these duties, often under difficult circumstances. I am grateful to work 

alongside them and hope that these updated Guidelines will further our collective efforts to 

support victims and witnesses.

Merrick B. Garland

Attorney General of the United States
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Table of Contents

Article I: General Considerations ........................................................................................................1

A. Statement of Purpose ..................................................................................................................1

B. How to Apply These Guidelines...............................................................................................1

Article II: Guidelines Applicable to All Components..................................................................4

A. Encouragement to Provide Services and Assistance........................................................4

B. Protecting the Integrity of Investigations, Ensuring Security of Persons, 

 and Providing for Prosecutorial Discretion..........................................................................4

C. Victim Declinations of Services and Exercise of Rights....................................................4

D. Privacy Considerations for Victims and Witnesses.............................................................5

E. Mandatory Training ......................................................................................................................7

F. Mandatory Reporting of AG Guidelines Compliance.......................................................8

G. AG Guidelines Compliance Measures....................................................................................8

H. Professional Responsibility Considerations.........................................................................8

I. Performance Appraisal ............................................................................................................. 11

Article III: Who Is a Victim..................................................................................................................... 13

A. Introduction.................................................................................................................................. 13

B. Victims’ Rights and Restitution Act (VRRA) Definition .................................................. 13

C. Crime Victims’ Right Act (CVRA) Definition ...................................................................... 14

D. Harm................................................................................................................................................ 15

E. Other Persons or Entities Significantly Harmed by a Crime........................................ 18

F. Culpability ..................................................................................................................................... 20

G. Government Entities.................................................................................................................. 21

H. Victims in a Foreign Country and Foreign National Victims........................................ 21

I. Foreign Proceedings.................................................................................................................. 22

J. Victims of Juvenile Offenders................................................................................................. 23

K. Large Numbers of Victims....................................................................................................... 24

L. Specific Victim Populations..................................................................................................... 24

M. Policies Concerning Polygraph Examinations of Victims 

 and Child Witnesses................................................................................................................... 44
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Article IV: Mandatory Services to Be Provided to Victims Under the VRRA................ 47

A. Background................................................................................................................................... 47

B. Responsible Officials................................................................................................................. 47

C. Timing of Services...................................................................................................................... 48

D. Coordination of Services.......................................................................................................... 48

E. Victim Identification .................................................................................................................. 48

F. Reasonable Protection.............................................................................................................. 49

G. General Information .................................................................................................................. 50

H. Services Referrals........................................................................................................................ 51

I. Notice of Case Events................................................................................................................ 52

J. Separate Waiting Area .............................................................................................................. 55

K. Return of Property...................................................................................................................... 55

L. Employer/Debt Notification ................................................................................................... 55

Article V: Victims’ Rights Under the CVRA ................................................................................... 57

A. Background................................................................................................................................... 57

B. Responsibilities of Department Personnel........................................................................ 57

C. CVRA Right One: Right to Reasonable Protection .......................................................... 58

D. CVRA Right Two: Right to Reasonable, Accurate, and Timely Notice....................... 59

E. CVRA Right Three: Right Not to Be Excluded from Court............................................. 60

F. CVRA Right Four: Right to Be Reasonably Heard ............................................................ 61

G. CVRA Right Five: Reasonable Right to Confer with the Prosecutor.......................... 62

H. CVRA Right Six: Right to Full and Timely Restitution as Provided in Law............... 64

I. CVRA Right Seven: Right to Proceedings Free from Unreasonable Delay ............. 70

J. CVRA Right Eight: Right to Fairness and Respect for Dignity and Privacy............. 70

K. CVRA Right Nine: Right to Be Informed in a Timely Manner of Any Plea Bargain 

 or Deferred Prosecution Agreement................................................................................... 72

L. CVRA Right Ten: Right to Be Informed of Rights and Services................................... 73

M. In-Court Enforcement Mechanisms..................................................................................... 74

Article VI: Witnesses................................................................................................................................ 77

A. Victims’ Services and Rights Laws Do Not Cover Witnesses........................................ 77

B. Witness Security.......................................................................................................................... 77
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C. Logistical Assistance.................................................................................................................. 78

D. Notification of Offender Release........................................................................................... 78

Article VII: Nonlitigability .................................................................................................................... 80

Appendixes................................................................................................................................................. 82

A. Victims’ Rights and Restitution Act ...................................................................................... 82

B. Crime Victims’ Rights Act ......................................................................................................... 85
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ARTICLE I: GENERAL CONSIDERATIONS
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ARTICLE I: GENERAL CONSIDERATIONS

ARTICLE I

GENERAL CONSIDERATIONS

A. Statement of Purpose

The purpose of this document, the Attorney General Guidelines for Victim and Witness 

Assistance (AG Guidelines), is to establish guidelines to be followed by officers and employees 

of the U.S. Department of Justice (Department) investigative, prosecutorial, correctional, and 

parole components in the treatment of victims of and witnesses to crime. In 1982, Congress 

directed the Attorney General to promulgate the first AG Guidelines, which have been revised 

periodically to reflect changes in the law. See 18 U.S.C. § 1512 note (Federal Guidelines for 

Treatment of Crime Victims and Witnesses in the Criminal Justice System).

These AG Guidelines supersede the Attorney General Guidelines for Victim and Witness 

Assistance (2011 ed., rev. May 2012).

B. How to Apply These Guidelines

1. Underlying Authorities

Federal victims’ services and rights laws are the foundation for the AG Guidelines. 

The core statutes are the Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141 

(containing mandatory services), and the Crime Victims’ Rights Act (CVRA), 18 U.S.C. 

§ 3771 (containing court enforceable rights), but additional rights and requirements 

exist in other statutes and rules of criminal procedure. In the text of the AG Guidelines, 

all statutory requirements or rules of criminal procedure are followed by a direct 

citation to the applicable statute or rule. Guidelines that are purely Department 

policy, as opposed to statutory law, will not be followed by a citation. Guidelines that 

are policy intended to implement a statutory right, provision, or procedural rule will 

be followed by a citation referring to the statute or rule.

2. Obligation Definitions

The AG Guidelines use the word “shall” where “shall” appears in a statute or when the 

policy is mandatory. The use of the term “shall” means that the relevant guideline is 

mandatory, though room may remain for individual judgment in determining how 

best to comply with the guideline. When the AG Guidelines use the word “should,” 

personnel are expected to take the action or provide the service described unless 

there is an appropriate, articulable reason not to do so. When the AG Guidelines 

use the word “may,” personnel are permitted to use their discretion about whether 

and how to provide assistance. Other language may be used in the AG Guidelines 

to describe the obligations of personnel; phrases such as “are encouraged” or “make 

reasonable efforts” are intended to have their usual and customary meaning.

3. Coverage

The AG Guidelines apply to all personnel in the Department who are engaged in 

or support investigative, prosecutorial, correctional, or parole functions within the 

criminal justice system. They apply to staff regardless of title, grade, or job description 

who have contact with victims or take actions that impact victims. Department 
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ARTICLE I: GENERAL CONSIDERATIONS

managers should require all contractors whose employees come into contact with 

crime victims to provide employee training on AG Guidelines compliance. Department 

components should encourage non-Department personnel specially assigned or 

deputized to work with Department components to learn and comply with federal 

victims’ services and rights laws and the AG Guidelines.

The AG Guidelines are intended to serve as a model for guidelines on the fair treatment 

of crime victims and witnesses for other state and federal law enforcement agencies.

4. Organization

The AG Guidelines are organized around the two primary crime victims’ services and 

rights laws. Articles I and II deal with general policies affecting all components and 

victims. Article III contains the basic definitions of victim under both of the key laws, 

as well as sections on unique victim populations. Article IV covers the government’s 

mandatory obligations to provide services to victims of a crime under the VRRA. 

Article V covers the rights afforded to victims under the CVRA. Article VI addresses 

witnesses only. Article VII consists of the Department’s statement on nonlitigability.
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ARTICLE I: GENERAL CONSIDERATIONS
4

ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

ARTICLE II

GUIDELINES APPLICABLE TO ALL COMPONENTS

A. Encouragement to Provide Services and Assistance

A strong presumption exists in favor of providing, rather than withholding, assistance and 

services, including assistance from Department personnel, to victims of crime. Federal 

statutes define mandatory services and court-enforceable rights for federal crime victims that 

establish a minimum baseline for the Department’s obligation to crime victims. Department 

personnel are encouraged to provide additional assistance to crime victims where appropriate 

and within available resources, as situations warrant.

B. Protecting the Integrity of Investigations, Ensuring Security of Persons, and Providing 

for Prosecutorial Discretion

Protecting the integrity of an investigation, ensuring security of persons, and providing for 

prosecutorial discretion are of essential importance to the Department’s ability to pursue 

justice. Therefore, when taking action in accordance with these guidelines, Department 

personnel are advised that:

(1) Nothing in these guidelines shall be construed to require Department personnel 

to take any action that would interfere with or compromise an investigation. See 34 

U.S.C. § 20141(b) and (c)(3)(A).

(2) Nothing in these guidelines shall be construed to require Department personnel 

to take any action that would endanger the security of any person. See 34 U.S.C. § 

20141(c)(2); 18 U.S.C. § 3771(a)(1).

(3) Nothing in these guidelines shall be construed to impair prosecutorial discretion. 

See 18 U.S.C. § 3771(d)(6).

C. Victim Declinations of Services and Exercise of Rights

Department personnel are required by law and under the AG Guidelines to identify victims of 

a crime, notify them of their rights, and offer them services as described in the AG Guidelines. 

Victims, however, are not required to exercise their rights or to accept these services and may 

choose at any point in the criminal justice process to decline to receive further services or to 

decline to exercise their rights. Department personnel need not provide services or support 

the exercise of rights that victims have made an informed decision to decline. Department 

personnel should attempt to ascertain whether the victim wants to decline all future services 

and the exercise of all rights or only specific services or rights. If the victim declines specific 

services or rights, Department personnel should continue to provide any other services and 

support the exercise of any other rights that have not been declined. Department personnel 

should consider documenting the victim’s informed declination of services and the exercise 

of rights.

Department personnel should be aware that victims may initially decline services and 

rights for many reasons, including but not limited to: the impact of trauma; the existence or 

development of a bond with the perpetrator of the crime, including a “trauma bond”; actual or 

perceived threats by the perpetrator; the location, accessibility, and cultural responsiveness of 

services; and concerns about interacting with Department personnel. The extent of the injuries 
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

or trauma resulting from a crime may not be fully known when victims are initially presented 

with the option to exercise their rights or receive mandatory services. These underlying 

injuries or trauma could impact a victim’s decision whether to accept services or exercise their 

rights. As appropriate throughout the criminal justice process, Department personnel should 

periodically consult with victims who previously declined to receive services or exercise their 

rights to ascertain whether they may now wish to accept services or exercise rights.

D. Privacy Considerations for Victims and Witnesses

Department personnel have a responsibility to protect the privacy of victims and witnesses, 

including their personally identifiable information (PII) and other sensitive information. This 

responsibility aligns with a victim’s right to be treated with fairness and with respect for the 

victim’s dignity and privacy, which is a broad-based right that should be applied in all contacts 

with victims. See 18 U.S.C. § 3771(a)(8). For further guidance regarding the Department’s 

obligations related to victim privacy, see Article V.J.

1. Personally Identifiable Information and Other Sensitive Information

Department personnel engaged in the investigation or prosecution of a crime shall 

be mindful of the privacy concerns of victims and witnesses throughout the criminal 

justice process, including detention proceedings, pretrial hearings, trial, sentencing 

hearings, appeals, and parole, probation, and supervised release proceedings. 

Department personnel should use their best efforts to protect PII and other sensitive 

information of victims and witnesses.

PII is information that can be used to distinguish or trace an individual victim’s or 

witness’s identity, either alone or when combined with other personal or identifying 

information that is linked or linkable to a specific victim or witness, such as name, 

Social Security Number, date of birth, biometric records, or mother’s maiden name. 

PII may also include bank account information or medical information, and in some 

circumstances, may include address, contact information, location, or place of 

employment. Department personnel should be aware that information in multiple 

sources can be put together to trace the identity of victims or witnesses. 

Sensitive information may include private information, the disclosure or use of which 

could cause harm, embarrassment, inconvenience, or unfairness to the victim or 

witness, and other information, including confidential business information, subject 

to protection under other statutes (e.g., Trade Secrets Act, 18 U.S.C. § 1905), regulations, 

or Department policies.

Best efforts to protect the PII and other sensitive information of victims and witnesses 

should generally include omission of their PII and other sensitive information from 

documents that will be placed in the public record, and, where records or documents 

containing such information are placed in the public record, they should be redacted 

consistent with court rules and procedure. See, e.g., Fed. R. Crim. P. 49.1. When 

necessary, Department personnel should also seek protective orders or employ other 

means to safeguard the PII and other sensitive information of victims and witnesses 

from becoming public or from being used in court proceedings. If this information 

must be disclosed in the course of discovery or in court proceedings, Department 

personnel should seek protective orders to prevent dissemination of this information 

outside of those proceedings.
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

In order to protect the dignity and privacy interests of victims, Department personnel 

should exercise particular care to safeguard victim impact statements. To the extent 

appropriate and legally permissible, Department personnel should use redaction or 

other options to avoid public filing of PII and other sensitive information contained 

in those statements. For more information about victim impact statements in light of 

victims’ CVRA right to be treated with fairness and with respect for their dignity and 

privacy, see Article V.J.

In addition, Department personnel receiving requests for information about a case or 

matter should be mindful that information generally subject to release under other 

laws should be considered in light of the CVRA’s intent to protect the dignity and 

privacy of victims. For further guidance regarding the release of victims’ sensitive 

information in light of their CVRA right to be treated with fairness and with respect for 

their dignity and privacy, see Article V.J.

Nothing in these Guidelines shall be construed to supersede a prosecutor’s disclosure 

and discovery obligations under the Constitution, case law, federal statutes, federal 

and court rules, or rules of professional conduct.

COMMENTARY

Victims are “persons,” which are defined as “corporations, companies, associations, firms, 

partnerships, societies, and joint stock companies, as well as individuals.” 1 U.S.C. § 1. 

However, only individual victims have PII and statutory privacy interests. Other victims may 

have confidentiality protections for sensitive information under other statutes (e.g., Trade 

Secrets Act, 18 U.S.C. § 1905), regulations, or Department policies. Department personnel 

should be aware of which protections apply to any particular victim and be familiar with 

the relevant statutes, regulations, or Department policies. The Office of Privacy and Civil 

Liberties website contains additional information on Department privacy policies and 

regulations.

2. Sharing of Information for Law Enforcement Purposes

Although Department personnel should employ their best efforts to safeguard PII and 

other sensitive information from public disclosure, there are circumstances in which 

it is lawful and appropriate to share with, among others, investigative, prosecutorial, 

corrections, parole, and other government agencies, the court or defense, and private 

sector entities. 

Department personnel directly involved with providing victim and witness assistance 

should therefore inform victims and witnesses of the possibility of necessary 

disclosures. For example, in those cases in which the Department returns forfeited 

funds through the Department’s Asset Forfeiture Program to victims who have 

suffered a pecuniary loss as a result of fraud or financial crime, PII may also be shared 

among Asset Forfeiture Program participants, trustees, receivers, or other entities, as 
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

appropriate, to coordinate distributions to victims. Additionally, it may be necessary 

to share PII and other sensitive information with private sector entities or international 

partners, such as cyber threat information concerning victims and targeted or 

affected entities to assist with mitigation of the threat. For example, Department 

personnel may share internet protocol (IP) addresses related to cyber threats with 

law enforcement and private sector entities for cybersecurity purposes or to facilitate 

threat mitigation, and by doing so, protect individuals from malicious cyber actors. 

See, e.g., 6 U.S.C. § 1502; Department of Homeland Security & Department of Justice, 

Privacy and Civil Liberties Final Guidelines: Cybersecurity Information Sharing Act of 

2015 (2018). 

3. Dissemination of PII and Other Sensitive Information to the Media or Public

Department personnel should use their best efforts to refrain from releasing PII and 

other sensitive information of victims and witnesses to the press or public. In this 

context, PII may include information that does not directly identify, but indirectly 

identifies or may be used to distinguish or trace the identity of the victim or witness, 

such as the defendant’s relationship to the victim (e.g., the name of a family member 

or neighbor), the defendant or victim’s affiliation with a tribe or group, residence in a 

community, relationship to the victim or their family, or, in some circumstances, the 

defendant’s name.

Department personnel should refrain from making any public statements that concern 

the identity, testimony, or credibility of any prospective victim or witness. (Release of 

Information by Personnel of the Department of Justice Relating to Criminal and Civil 

Proceedings, 28 C.F.R. § 50.2(b)(6)(iv) (2010).) Public Information Officers are strongly 

encouraged to work with victim assistance personnel and Department attorneys or 

agents prior to the publication of press releases involving information about victims 

and witnesses.

E. Mandatory Training

All Department personnel whose primary job responsibilities affect crime victims and 

witnesses, or who in the course of their duties are expected to come into contact with victims 

and witnesses, shall complete basic training about the AG Guidelines, the CVRA, and the VRRA, 

within a reasonable time after the AG Guidelines 2022 edition goes into effect. Thereafter, all 

such personnel shall complete a yearly training on the AG Guidelines, the CVRA, and the VRRA. 

If practicable, new and newly assigned personnel whose primary job responsibilities affect 

crime victims and witnesses, or who in the course of their duties are expected to come into 

contact with victims and witnesses, should not assume such duties until after they complete 

the required training described above. If the required training cannot be completed before 

assuming such duties, the training must be completed within a reasonable amount of time 

thereafter. Additionally, components should provide regular training on victim-related topics 

as necessary and are encouraged to develop and offer relevant training in addition to the 

mandatory training required by these AG Guidelines, such as on how to implement a victimcentered and trauma-informed response to victims of crime.

For a discussion of training requirements in connection with Department personnel’s 

obligation to report child abuse, refer to Article III.L.1.c.
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

COMMENTARY

Components are encouraged to develop and offer relevant training in addition to the 

mandatory training required by this guideline. Such training can be more frequent or can 

be tailored to specific job responsibilities or frequency of victim and witness contact.

At the discretion of the component, Department personnel whose primary responsibilities 

are for civil cases and litigation may be exempted from this training requirement. If 

exempting personnel from the training, components should be mindful that some civil 

cases may directly or indirectly affect victims of and witnesses to a crime, and personnel 

assigned to such cases should have a fundamental understanding of the Department’s 

obligations.

F. Mandatory Reporting of AG Guidelines Compliance

The Director of the Office for Victims of Crime (OVC) has the statutory responsibility for 

monitoring Department compliance with the AG Guidelines. See 34 U.S.C. § 20103(c)(3)(A). 

Components shall report to the Attorney General, through the OVC Director, about their 

compliance by means of an Annual Compliance Report containing the relevant data (including 

the numbers of crime victims offered services) requested by the OVC Director. Unless directed 

otherwise by OVC, a component’s Annual Compliance Report shall be submitted to OVC no 

later than April 20 of the fiscal year following the fiscal year that is the subject of the report.

G. AG Guidelines Compliance Measures

Each component shall devise and implement performance measures that will ensure 

component compliance with the AG Guidelines and the statutes upon which they are based. 

Implementation of compliance measures should be included in the component’s Annual 

Compliance Report. See Art. II.I.

H. Professional Responsibility Considerations

Department attorneys should consider the applicable rules of professional conduct when 

handling victim-related issues. Interactions with victims can be nuanced and complex, and 

there is some variance in the applicable rules of professional conduct from jurisdiction to 

jurisdiction; thus, Department attorneys should consult with their Professional Responsibility 

Officer (PRO) or the Professional Responsibility Advisory Office (PRAO) for case-specific advice. 

Department attorneys may contact the PRAO duty attorneys for advice via phone or email, 

and through the Justice Command Center for after-hours emergencies. Some common issues 

that might be encountered are set forth below. 

1. The United States Is the Department Attorney’s Only Client

Generally, a Department attorney’s client is the United States. 6 Op. Off. Legal Counsel 

at 61-62 (discussing the “broad plenary authority” conferred upon the Attorney 

General under substantive law to act in the best interests of the United States “in 

litigation in which the United States, its federal agencies or departments are involved”). 

Notwithstanding the duties that Department attorneys have to crime victims under 

Department policy and federal victims’ services and rights laws, victims, witnesses, law 
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

enforcement officers, and other government officials are not a Department attorney’s 

clients and are not owed the same professional responsibility duties as clients, such 

as the duty of confidentiality (discussed further below). However, Department policy 

and federal victims’ rights laws require Department lawyers to inform crime victims of 

their rights and the statutory basis for those rights; provide information about the legal 

process, consistent with federal statutes and Department policy; and meaningfully 

consult with them at critical junctures of the case. 

2. Interactions with Unrepresented and Represented Victims

a. Interactions with Unrepresented Victims

When dealing with unrepresented victims, Department attorneys should 

inform victims that Department attorneys are not the victims’ attorney and 

that the Department attorneys do not have an attorney-client relationship 

with the victims. Department attorneys should not give victims legal advice 

and should instead advise victims of their right to seek legal counsel as set 

forth in the CVRA. See Art. V.B.2; 18 U.S.C. § 3771(c)(2). In the course of informing 

crime victims of their statutory rights, explaining court process, preparing 

them to testify, and obtaining information for an award of restitution or other 

compensation, among other duties, Department attorneys must remain 

mindful that victims may misunderstand the Department attorney’s role, and 

thus, must swiftly correct any misunderstandings that might arise. See Model 

Rules of Prof’l Conduct R. 4.3. 

b. Interactions with Represented Victims

The rules of professional conduct generally prohibit ex parte contact with 

represented persons on the subject on which they are represented. However, 

depending on the facts of a specific situation, a Department attorney may 

be permitted to have ex parte contact with a represented victim for a valid 

investigative purpose or to comply with statutory duties. See Model Rules 

of Prof’l Conduct R. 4.2. Notwithstanding the permissibility of the contact, 

Department attorneys are prohibited from seeking any privileged or legally 

protected information from victims concerning their communications with 

their attorney. Id. R. 4.4(a).

3. Other Duties

a. Duty of Confidentiality 

A Department attorney may not reveal confidential information (see definition 

below) related to the representation of the United States, unless the client 

gives informed consent, the disclosure is impliedly authorized to carry out 

the representation, or the disclosure is permitted by an exception to the rule. 

See Model Rules of Prof’l Conduct R. 1.6 and the Commentary on Determining 

Authorized Disclosures. Departmental rules, regulations, standards of 

conduct, policies, and guidelines permit Department attorneys to disclose 

confidential information related to crime victims to the extent required 

to comply with these AG Guidelines, the VRRA, or the CVRA. Department 

attorneys should limit the nature and scope of the disclosure of confidential 

information to information that is needed to effectuate the Department 

attorneys’ representation of the United States. 
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

COMMENTARY

The rules of professional conduct define confidential information broadly to include “all 

information relating to the representation, whatever its source.” Id. R. 1.6, cmt. [3]. The term 

“confidential information” in the rules of professional conduct is distinct from the term 

“confidential” information in Executive Order 13526, which categorizes different types 

of classified information. Certain disclosures of confidential information are impliedly 

authorized to carry out the representation under the rules of professional conduct. For 

example, notifying a victim of the date and time of a defendant’s detention hearing—

which is required by statutes, Department policy, and court rules—would be authorized. 

By contrast, informing a victim that a fugitive-defendant has been located and is expected 

to be arrested shortly is not necessary to carry out the representation and would not be 

impliedly authorized.

b. Fairness to Opposing Party and Counsel and Access to Victims

In criminal cases, professional responsibility rules prohibit Department 

attorneys from instructing victims or witnesses not to communicate with 

members of the criminal defense team. When victims inquire about their 

obligation to speak to the defense team, Department attorneys should advise 

victims and witnesses that they may speak to the defense team, may decline 

to speak to the defense team, or may request that Department personnel, 

or the victim’s own attorney, be present with them when speaking to the 

defense team. See Model Rules of Prof’l Conduct R. 3.4(f).

c. Supervision of Non-Attorney Assistants

There are circumstances in which Department attorneys may be held 

accountable under the rules of professional conduct for the actions of nonattorneys with whom they work. Accordingly, when working with nonattorneys, Department attorneys should make reasonable efforts to ensure 

that the conduct of non-attorneys is compatible with a Department attorney’s 

professional obligations. See Model Rules of Prof’l Conduct R. 5.3. 

d. Conflicts of Interest

Department attorneys should be aware that their personal feelings towards 

a crime victim may limit their ability to exercise their normal professional 

judgment on behalf of the United States, which could give rise to a conflict 

of interest. See Model Rules of Prof’l Conduct R. 1.7(a)(2). For example, a crime 

victim who has been severely traumatized or who is particularly vulnerable 

may elicit extraordinary sympathy, which may cause a prosecutor not to 

perceive legitimate credibility issues or other weakness in the government’s 

proof. On the other hand, a prosecutor may lack sympathy towards a victim 

who was impaired due to voluntary consumption of alcohol or drugs or who 

demands that the prosecutor’s case be handled in a way prescribed by the 

victim. Department attorneys should remain mindful that a conflict of interest 

may arise if their personal feelings towards a victim interfere with their 

professional judgment on behalf of the United States.
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ARTICLE II: GUIDELINES APPLICABLE TO ALL COMPONENTS

e. Department Attorneys’ Safe Harbor

When Department attorneys are uncertain about the professional 

responsibility implications of their conduct, they should consult their 

supervisor. A subordinate attorney does not violate the rules of professional 

conduct when that attorney acts in accordance with a supervisory attorney’s 

reasonable resolution of an arguable question of professional duty. See Model 

Rules of Prof’l Conduct R. 5.2(b). A supervisory attorney will often be more 

experienced and provide an objective view of professional responsibility 

issues and should be relied upon to make the close calls. If desired, the attorney 

or the supervising attorney may also contact the Professional Responsibility 

Advisory Office for information or advice.

I. Performance Appraisal

The annual work plans and performance appraisals of each appropriate federal law 

enforcement officer, supervisor, investigator, prosecutor, corrections officer, and parole 

official (and appropriate staff of those agencies) shall encompass, as a required activity, 

implementation and evaluation of adherence or nonadherence with the victims’ rights and 

victims’ and witnesses’ services provisions set forth in the AG Guidelines. All investigative, 

prosecutorial, correctional, and post-correctional components with responsibilities for 

providing rights and services to victims should include the discharge of such responsibilities 

among those components’ criteria for reviews and evaluations. Verification of the institution 

of this recommendation must be included in the Annual Compliance Report. See Art. II.G.
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ARTICLE I: GENERAL CONSIDERATIONS
13

ARTICLE III: WHO IS A VICTIM

ARTICLE III

WHO IS A VICTIM

A. Introduction

Determining who qualifies as a victim may be one of the most difficult aspects of providing 

victim assistance. Federal statutes typically contain victim definitions applicable only to 

a particular statute’s provisions. Two statutes describe the majority of the Department’s 

responsibilities to crime victims. The VRRA, mandates services to those directly harmed by a 

crime, whereas the CVRA establishes court-enforceable rights for those who are directly and 

proximately harmed as a result of the commission of a Federal offense or an offense in the 

District of Columbia. 

B. Victims’ Rights and Restitution Act (VRRA) Definition

1. Basic Definition: For purposes of providing the services described in Article IV of these 

AG Guidelines, a victim is “a person that has suffered direct physical, emotional, or 

pecuniary harm as a result of the commission of a crime.” See 34 U.S.C. § 20141(e)(2).

2. Institutional Victims: If a victim is an institutional entity (hereinafter, “entity”), services 

should be provided through an authorized representative of the entity. See 34 U.S.C. 

§ 20141(e)(2)(A).

3. Representative Victims: If a victim is under 18 years of age, incompetent, incapacitated, 

or deceased, services should be provided to one of the following (in order of preference): 

a spouse, legal guardian, parent, child, sibling, another family member, or another 

person designated by the court. See 34 U.S.C. § 20141(e)(2)(B). An incapacitated victim 

is any victim who is unable to interact with Department personnel for the purpose of 

receiving services as a result of a cognitive impairment or other physical limitation, or 

because of physical restraint or disappearance. More than one representative victim 

can be identified and provided with services depending upon the circumstances. It is 

Department policy that under no circumstances shall a person culpable for the crime 

be treated as a representative victim.

4. Timing: Department responsibilities to crime victims begin as soon as possible after 

the detection of a crime at which they may be undertaken without interfering in the 

investigation. See 34 U.S.C. § 20141(b). Generally, this point in time is defined by the 

opening of a criminal investigation.

In some situations, an investigation may be initiated at a point in time when it is still 

unclear whether a crime was committed. In those situations, personnel should follow 

the guidance of Article II.A.

The end point for Department services obligations may be difficult to determine, 

and personnel should use their discretion and sound judgment to assess whether an 

investigation or prosecution is finally concluded. At that point, Department personnel 

may continue to provide services to the extent permitted by law and by available 

resources.
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ARTICLE III: WHO IS A VICTIM

C. Crime Victims’ Rights Act (CVRA) Definition

1. Basic Definition: The CVRA defines a victim as “a person directly and proximately 

harmed as a result of the commission of a Federal offense or an offense in the District 

of Columbia.” 18 U.S.C. § 3771(e)(2)(A).

2. Institutional Victims: A victim may be a corporation, company, association, firm, 

partnership, society, or joint stock company (hereinafter, “entity”). See 1 U.S.C. § 1.

3. Representative Victims: If a victim is under 18 years of age, incompetent, incapacitated, 

or deceased, a family member or legal guardian of the victim, a representative of the 

victim’s estate or any other person so appointed by the court may exercise the victim’s 

rights, but in no event shall the defendant serve as a guardian or representative for 

this purpose. See 18 U.S.C. § 3771(e). An incapacitated victim is any victim who is 

unable to interact with Department personnel as a result of a cognitive impairment 

or other physical limitation, or because of physical restraint or disappearance.

4. Timing: Consistent with the considerations addressed in Articles II.B, V.G.2, and V.K, 

Department personnel shall make their best efforts to accord to victims the rights 

set forth in the Crime Victims’ Rights Act, 18 U.S.C. § 3771(a), as early in the criminal 

justice process as is feasible and appropriate, including prior to the execution of a 

non-prosecution agreement, deferred prosecution agreement, pretrial diversion 

agreement, or plea agreement. Consistent with the considerations addressed 

in Articles II.B, V.G.2, and V.K, in those limited instances when it is not feasible or 

appropriate to accord rights earlier, Department personnel shall commence their 

best efforts to accord rights when charges are initiated by complaint, information, or 

indictment. 

The obligation of Department personnel to make their best efforts to accord crime 

victims their rights under Section 3771(a) continues throughout federal or District 

of Columbia court proceedings, including any appeals and post-conviction court 

proceedings, and through any period of incarceration and any term of supervised 

release, probation, community correction, alternatives to incarceration, or parole. 

This obligation ends when: (1) the defendant’s sentence or pretrial diversion is 

complete; (2) the defendant’s obligations under a deferred prosecution agreement 

or non-prosecution agreement cease; (3) there are no further criminal proceedings 

pertaining to that victim, including a pending appeal; or (4) the government declines 

to bring charges pertaining to that victim.

If the obligation to accord CVRA rights to a specific victim ends, but the case nevertheless 

continues, Department personnel should consult Article III.E for guidance as to what 

assistance, if any, they should offer to that person. 
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ARTICLE III: WHO IS A VICTIM

COMMENTARY

As stated in Article II.B., nothing in these guidelines shall be construed to require 

Department personnel to take any action that would interfere with or compromise an 

investigation, endanger the security of any person, or impair prosecutorial discretion. 

See Art. II.B. (Protecting the Integrity of Investigations, Ensuring Security of Persons, and 

Providing for Prosecutorial Discretion). 

The Department includes a few districts that, for jurisdictional reasons, handle a 

disproportionate number of matters that would, in other districts, be state or local crimes, 

such as the U.S. Attorney’s Office for the District of Columbia. Such districts may seek 

written approval from the Deputy Attorney General of an alternative policy under this 

subsection. Any such policy should explain the structural challenge(s) and clearly delineate 

how the office will accord rights promptly in different types of cases, in alignment with 

the Department’s general policy expressed above and consistent with best practices for 

state and local prosecutors handling similar types of cases in comparable jurisdictions. 

When a person or entity is a victim of a charged offense, but that offense is not among 

the charges to which the defendant pleads guilty pursuant to a plea agreement, when 

appropriate and feasible, prosecutors should advocate for, or incorporate into the plea 

agreement, the opportunity for that victim to speak at sentencing. See also 18 U.S.C. § 

3661. Prosecutors should also seek restitution for that victim as part of the plea agreement 

when appropriate and feasible and to extent that it does not compromise the rights of 

victims of the offenses of conviction. See also Art. III.E, V.H.1.d.

5. Scope of the Offense: Prosecutors should carefully consider the scope of the charged 

offense when crafting the charging document, which will affect who qualifies as a 

CVRA victim from charging onward. Charging decisions are within the discretion of 

the prosecution, and an individual can qualify as a CVRA victim regardless of whether 

they are named in the indictment. In cases with CVRA victims, prosecutors should give 

consideration to CVRA compliance from the outset of the investigation or prosecution 

through its conclusion. 

D. Harm

1. Direct and Proximate Harm

Determining whether a person or entity meets the harm element of the legal definition 

of victim under the VRRA or CVRA requires a fact-specific analysis of both the nature 

of the harm allegedly suffered by the person or entity and the crime that is alleged to 

have caused the harm. To qualify as a victim, both statutes require the alleged harm 

must be a direct consequence of the crime; that is, the harm must generally be a “but 

for” consequence of the conduct that constitutes the crime or offense, specifically the 

crime or offense under investigation, that has been charged, or for which there has 

been a conviction, depending on the stage of the criminal justice process. Intervening 

or contributing actions of the person or entity suffering harm, or of a third party, may 

preclude a determination that the crime or offense charged directly caused the harm.
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ARTICLE III: WHO IS A VICTIM

The CVRA requires an additional showing that the alleged harm must have been 

proximately caused by the offense. This showing ordinarily requires that the alleged 

harm must have been a reasonably foreseeable result of the crime or offense under 

investigation, charged, or for which there has been a conviction. If both conditions are 

met, the person or entity at issue meets the CVRA harm element.

COMMENTARY

Case law regarding issues of direct and proximate harm should guide prosecutors’ analysis 

of who is a victim in certain cases. 

For example, children who are depicted in child sexual abuse material (referred to in 

federal law as “child pornography”) that has been advertised, transported, distributed, 

received, accessed, or possessed are presumed to have been directly and proximately 

harmed as an aggregate result of those crimes for purposes of determining whether they 

are victims under the VRRA or CVRA. See Paroline v. United States, 572 U.S. 434 (2014).

Antitrust jurisprudence concerning direct versus indirect purchasers is relevant to the 

issue of when a person injured by an antitrust violation has suffered the requisite harm 

under the VRRA and the CVRA.

There may also be cases in which a person suffers harm due in part to their own willful 

participation in a scheme or transaction, such as criminal tax offenses or certain other 

financial crimes. A person’s knowing and willful participation in a fraudulent or otherwise 

criminal scheme or transaction, whether or not the person is charged with an offense, 

generally negates a determination of direct harm from the crimes being investigated or 

offenses charged.

2. Types of Harm

Victims may experience physical, emotional, psychological, and/or pecuniary harm 

from crimes. Multiple types of harm may result from the same crime. Emotional harm 

can be present in a variety of crimes, including those that do not involve violence. 

Department personnel should assess the existence of all possible types of harm on a 

factual, case-by-case basis. Department personnel should presume that individuals 

suffer emotional harm when they are a victim of or witness to a crime of violence or 

when they learn that they were the target of an attempted crime of violence. This 

presumption of emotional harm also applies to human trafficking and child sexual 

exploitation offenses. The impact of experiencing or witnessing a traumatic event 

cannot be overstated.

When implementing these AG Guidelines, Department personnel should use their best 

efforts to follow a victim-centered, trauma-informed approach in order to recognize 

that victims may have experienced multiple forms of trauma, including trauma from 

the crime itself, trauma from their injuries or losses, trauma from their involvement in 

the criminal justice process, and other forms of pre-existing trauma that may affect 

their experience in the criminal justice process. A victim-centered approach includes 

the following factors:
17

ARTICLE III: WHO IS A VICTIM

•	 placing the crime victim’s priorities, needs, and interests at the center of 

the work with the victim; 

•	 providing nonjudgmental assistance and helping victims make informed 

choices; 

•	 striving to restore victims’ sense of safety and security and safeguarding 

against policies and practices that may inadvertently re-traumatize 

victims; and 

•	 endeavoring to ensure victims’ rights, voices, and perspectives are 

incorporated when developing and implementing protocols that impact 

crime victims. 

A trauma-informed approach involves an understanding of the vulnerabilities and 

experiences of trauma survivors, including the prevalence and physical, social, and 

emotional impact of trauma. A trauma-informed approach recognizes signs of trauma 

in victims and witnesses and responds by integrating knowledge about trauma into 

policies, procedures, practices, and settings. Trauma-informed approaches seek to 

empower the survivor’s feelings of safety, choice, and control.

COMMENTARY

Emotional harm may result in a range of physiological and psychological reactions, from 

temporary impairment in the ability to cope and function to acute stress reactions and 

post-traumatic stress disorder. Visual imagery related to the event and the emotional and 

physical reactions associated with reliving the experience may remain with a victim for 

many years. Victims who have experienced violence, threats of violence, intimidation, 

exploitation, or harassment over an extended period of time may suffer additionally from 

complex trauma, which can entail severe emotional injury.

The role of victim assistance personnel in investigative agencies is particularly critical to 

ensuring victims who suffer emotional injury receive timely intervention, information, and 

referrals. Later, criminal justice proceedings may reopen emotional wounds, and timely 

and appropriate assistance from prosecution-based victim assistance personnel can help 

meet victims’ needs at this critical stage. In situations involving victims under 18 years of 

age who may have suffered emotional injury, victim assistance personnel will need to 

involve a non-offending parent or guardian in the provision of appropriate services. 

In cyber intrusion crimes, the nature and extent of harm caused can take a variety of 

forms. For example, damage to computer networks or internet-connected devices or 

remediation necessary to restore or replace such systems may result in pecuniary harm. 

In other cases, a computer intrusion or other similar crimes may cause embarrassment, 

humiliation, or exploitation of a person or entity, such as in sextortion or ransomware 

cases.

In cases involving tax administration, such as a tax shelter investigation, Department 

personnel should not presume harm merely because participants paid a fee to the 

promoter for participation or for some fraudulent benefit promised but not received. A 

determination that a participant suffered harm should be based on all of the facts and 

circumstances. For additional guidance, contact the Tax Division.
18

3. Harm in Cases Involving Theft, Improper Access, or Misuse of PII and Other Sensitive 

Information

Determining harm in cases involving the theft, improper access, or misuse of PII and 

other sensitive information, as defined in Article II.D.1, above, can be particularly 

difficult. 

A person or entity that legitimately holds information suffers direct harm if that 

information is stolen, improperly accessed, or misused. Direct harm may include outof-pocket expenses as well as time spent to remediate actual or intended harm. It may 

also include emotional harm, such as harm resulting from the theft of photographs or 

videos, or the theft of sensitive medical information.

A person or entity may also be harmed if information belonging to the person or 

the entity is stolen from or improperly accessed through a third party and used to 

commit another crime. If there is no indication from the facts known at the time and 

any reasonable additional investigation that the information has been used or is 

reasonably likely to be used in the future, then the direct harm may only be to the 

person or entity that legitimately held the information. 

Even in the absence of direct harm, Department personnel should, if feasible and 

appropriate, notify such persons and entities that their information was compromised 

to allow those affected to take appropriate defensive measures, such as freezing 

their credit reports or seeking removal of publicly posted information. In addition, the 

entity that legitimately held the third-party information may be obligated by state 

statutes or civil court orders to inform the persons or entities whose information was 

compromised, so that they may take appropriate defensive measures. In the absence 

of a legal obligation, Department personnel should also encourage those entities to 

notify persons and other entities that their information was compromised. 

E. Other Persons or Entities Significantly Harmed by a Crime

In some cases, there may be persons or entities who do not fall under a statutory definition of a 

crime victim but who nevertheless were significantly, even if indirectly, harmed by the criminal 

conduct underlying the offense under investigation, ultimately charged, or addressed in a 

non-prosecution agreement, deferred prosecution agreement, pretrial diversion agreement, 

or plea agreement. In determining who may be in this category, Department personnel shall 

consider the full range of an offender’s relevant criminal conduct, including any scheme, 

conspiracy, or pattern of criminal activity, as well as the full course of conduct related to the 

offense. See generally 18 U.S.C. § 3663A(a)(2); U.S.S.G. §§ 1B1.3(a)(1)-(3). 

Department personnel should make their best efforts to provide these significantly harmed 

persons or entities, when known to the government, with assistance within available 

resources, to the extent reasonable, feasible, and appropriate. This assistance may include: 

(1)  information about the  status of an investigation; (2)  the opportunity to communicate 

with the Department personnel responsible for the prosecution, including prior to the 

execution of a non-prosecution agreement, deferred prosecution agreement, pretrial 

diversion agreement, or plea agreement; (3) information about public court proceedings and 

potential opportunities for participation; and (4) consultation with prosecutors regarding any 

agreement that would require an offender to pay restitution or other compensation to, or for 

the benefit of, the significantly harmed persons or entities.

ARTICLE III: WHO IS A VICTIM
19

ARTICLE III: WHO IS A VICTIM

When complying with this subsection, Department personnel shall act consistently with: all 

applicable laws and rules of procedure; Article II.B (Protecting the Integrity of Investigations, 

Ensuring Security of Persons, and Providing for Prosecutorial Discretion); and the principles 

and  factors articulated in the provisions of these Guidelines that govern similar assistance 

to statutory victims, e.g., Art. V.G. Nothing in this subsection shall be construed to interfere 

with or delay the provision of rights and services required by the VRRA and CVRA to statutory 

victims or to require or encourage Department personnel to act adversely to statutory victims’ 

interests.

COMMENTARY

In this subsection, “course of conduct” means acts that are part of a single episode, spree, 

or ongoing series of offenses or that are otherwise substantially connected to each other 

by at least one common factor, such as targets, accomplices, motivations, or means. See

U.S.S.G. § 1B1.3 cmt. 5(B) (2021). 

Examples of  when prosecutors should consider whether and to what extent this 

subsection applies include the following: 

•	 In a prosecution of a cyber intrusion, a person, such as a user of a free internetbased email service, or an entity, such as a company that contracts for cloud-based 

storage, may be harmed in a way that warrants receiving information, even if that 

person or entity does not meet the statutory definition of a victim. Cf. Art. III.D.3. 

•	 In a prosecution of a defendant for unlawful possession of a firearm, there may be 

a domestic violence victim known to Department personnel to have a credible 

reason to fear the defendant’s gun possession. Department personnel may provide 

assistance in connection with the possessory crime prosecution. 

•	 In a prosecution for (1) making a false statement to any government entity, including 

a regulatory entity, (2) perjury, or (3) obstruction of justice, including witness 

tampering, persons or entities who are significantly harmed by the defendant’s false 

statement, perjury, obstruction, or underlying criminal conduct may be provided 

with assistance in connection with the false statement, perjury, or obstruction 

prosecution. For example, if a defendant is prosecuted for making a false statement 

to a regulatory agency regarding a product, consumers of that product who are 

significantly harmed by the product in a manner related to the false statement may 

fall within this subsection.

•	 In a prosecution in which the offense is statutorily predicated on another offense, 

including non-federal offenses, persons or entities who are victims of the predicate 

offense may be provided with assistance in connection with the prosecution 

irrespective of whether the predicate is charged. 

•	 In a hate crime prosecution, members of the targeted group may feel intimidated 

or threatened by criminal conduct even though they do not fall under the statutory 

definition of a crime victim. For example, violence at a house of worship may affect 

worshippers who were absent the day of the violence. Homophobic threats against a 

business owner in a particular neighborhood may intimidate other business owners 

in the area, particularly LGBTQI+ business owners. A cross burning at the home of an 

inter-racial couple might intimidate others in the neighborhood, particularly people 

of color. These, and similar circumstances, may warrant providing the affected 

individuals with the assistance set forth above.
20

Department personnel may also support the submission of a Community Impact 

Statement (CIS) by a representative of a community affected by the crime of which the 

defendant has been convicted. A CIS is different from a Victim Impact Statement (VIS), 

which is a recognized mechanism by which a statutory victim exercises their Right to Be 

Reasonably Heard. See Article V.F. If members of the affected community fall under the 

CVRA definition of crime victim, then they have a right to be reasonably heard and may 

submit a VIS, regardless of whether the affected community also submits a CIS.

As noted throughout these Guidelines, some cases—including those with large numbers 

of victims, international victims, or unknown or only partially identified victims—can 

present unique challenges and may require innovative or alternative approaches. See, e.g., 

Art. III.H, III.K, V.D.2, V.E.4. Similar challenges can also occur in cases with similar groups of 

significantly harmed persons, including cases involving regulatory violations or schemes 

affecting a large number of consumers. In such cases, Department personnel should offer 

assistance under this subsection to the extent possible in light of the circumstances in the 

case and currently available resources, recognizing that there may be cases in which it is 

unreasonable, infeasible, or inappropriate to provide assistance or in which the scope of 

such assistance may need to be limited. In addition, as noted in Article I.B.3, although these 

Guidelines are intended to serve as a model for other law enforcement or prosecutorial 

agencies, they apply only to Department personnel. Accordingly, this subsection, as with 

other provisions of the Guidelines, may apply or be implemented differently in cases 

investigated or handled by law enforcement outside the Department, depending on 

the facts and circumstances of the case, the agency’s policies and resources, and other 

relevant factors.

F. Culpability

A person or entity who is culpable for or accused of the crime being investigated or prosecuted 

should not be considered a victim for purposes of the rights and services described in the AG 

Guidelines. Department personnel should determine whether a person or entity is culpable 

based on the facts and circumstances known at the time of investigation, prosecution, or 

post-conviction. Department personnel should reevaluate that determination, however, as 

they learn additional facts and information. 

Department personnel should be mindful that a person or entity who is a victim under the 

VRRA or CVRA may be culpable for violations or crimes other than the crime for which they are 

a victim. For example, a witness who is threatened or injured by another person to prevent the 

witness from cooperating with law enforcement or testifying should be treated as a victim of 

the intimidation crime even though the witness may have some culpability in the underlying 

criminal matter. In such situations, Department personnel should determine whether a 

person or entity is a victim with respect to certain other violations or crimes based on the 

facts and circumstances of the investigation or case and should reevaluate that determination 

as needed.

Inmates who are victims of crime during their incarceration for other offenses may be 

considered victims. An inmate’s detention, however, may prevent the inmate from exercising 

the rights and receiving the services normally afforded to victims. For example, Department 

personnel are not required by the AG Guidelines to transport inmates to court to attend 

ARTICLE III: WHO IS A VICTIM
21

ARTICLE III: WHO IS A VICTIM

hearings relating to crimes against those inmates. Department personnel should endeavor 

to assist incarcerated victims in exercising their rights and accessing services to the extent 

possible.

COMMENTARY

Victims of human trafficking may be considered victims for purposes of the prosecutions 

of such crimes despite any legal culpability that the victims may have for ancillary offenses, 

such as immigration or prostitution crimes.

Department personnel should be aware that the rights of human trafficking victims may 

conflict with the rights of any victim of their crimes and shall use best efforts to afford all 

victims their rights as permissible and appropriate under the facts and circumstances. 

A person or entity that is the victim of a cyber intrusion remains a victim for purposes 

of the rights and services described in these Guidelines even if the person or entity may 

ultimately be subject to civil liability for failing to adequately protect data or to mitigate 

the harm caused by an intrusion.

Persons who are knowing and willful participants in an illegal tax scheme or other financial 

fraud are generally not considered victims of the crimes charged against the scheme 

or fraud promoters, even when the persons are not criminally culpable for the charged 

crimes or any of the crimes under investigation. See Article III.F commentary (discussing 

willful participation in a fraudulent scheme).

G. Government Entities

Neither the federal government nor any state, local, tribal, or foreign government or 

agency thereof fall under the definition of crime victim for either mandatory services or 

court-enforceable rights; however, they may qualify for restitution under federal restitution 

statutes. See 18 U.S.C. § 3664(i). If appropriate and feasible, Department personnel may notify 

government entities if they are impacted by a crime and may provide assistance to these 

entities pursuant to the policy contained in section E of this Article. Nothing herein is intended 

to prevent a government employee from asserting rights or receiving services as a victim of 

crime, even if such crime against the employee arose out of that employee’s duties.

H. Victims in a Foreign Country and Foreign National Victims

The victims’ services and rights laws apply to foreign nationals meeting the definitions of 

victim under the VRRA and CVRA, regardless of whether they reside in the United States. 

Each country has its own procedures and requirements for contacting persons located in its 

territory. Due to sovereignty concerns, many countries limit or prohibit foreign government 

officials from directly contacting persons within that country’s borders. Therefore, contact with 

victims and witnesses residing in other countries, for any purpose, needs to be coordinated 

with the appropriate officials of the host government through either the Department’s Office 

of International Affairs (OIA) or the United States investigative attaché in the country where 

the victim resides. If victims in other countries do not have the ability to speak or read English, 

Department personnel should arrange for written communications to be translated. Because 
22

the coordination process can take several weeks, Department personnel should allow for 

extra time to notify victims in foreign countries. In cases with large numbers of victims, where 

Department personnel are using alternate means of notification, such as publication notice 

through media outlets or on a public website, coordination with an investigative attaché or 

OIA might not be necessary unless using a foreign media outlet or entity.

There are various types of immigration relief available to victims or witnesses who assist or 

who may assist in the investigation or prosecution of certain criminal activity. Some forms of 

immigration relief may also be available to family members of victims. Department personnel 

shall not offer victims or witnesses legal advice about immigration relief issues, but may, as 

appropriate and permissible, refer the victim or witness to a legal service provider. See Art. 

IV.H (Service Referrals). If a victim or witness is pursuing legal status, Department personnel 

should use best efforts to expeditiously provide, when warranted by the circumstances, the 

supporting documentation that must come from law enforcement. Department personnel 

should inform the prosecutor immediately about any immigration relief issues in the case.

COMMENTARY

Department personnel seeking to fulfill victim notification responsibilities should consult 

the OIA attorney responsible for handling matters in the country where the victim 

resides to obtain guidance and approval for appropriate victim notification procedures. 

In addition, the Federal Bureau of Investigation (FBI), Drug Enforcement Administration 

(DEA), or other investigative agency attaché stationed abroad, and assigned to United 

States embassies in countries with which the United States has diplomatic relations, may 

have information regarding appropriate notification procedures for victims residing in 

those countries.

Immigration relief for victims or witnesses may include an S visa, U visa, T visa, Special 

Immigrant Juvenile Status, VAWA self-petition, and/or adjustment of status to lawful 

permanent residence. See S–5 visa (8 U.S.C. § 1101(a)(15)(S)); U visa (8 U.S.C. §§ 1101(a)(15)

(U), 1184(p), 1255(l)); T visa (8 U.S.C. § 1101(a)(15)(T)); Special Immigrant Juvenile Status 

(8 U.S.C. § 1101(a)(27)(J)); VAWA self-petition (8 U.S.C. § 1154(a)(1)); and adjustment of 

status (8 U.S.C. § 1255). Investigators and prosecutors may also seek forms of temporary 

immigration status, including Deferred Action or Continued Presence (see 22 U.S.C. § 

7105(c)(3)), for crime victims who are not legally present in the United States. Several 

forms of immigration relief also result in U.S. employment authorization. Department 

personnel should be aware that immigration relief constitutes a benefit to the victim or 

witness that must be disclosed prior to the victim or witness testifying at trial.

I. Foreign Proceedings

Some crimes perpetrated in foreign countries or by persons located in foreign countries are 

also subject to United States jurisdiction. When a crime being investigated or prosecuted in 

the United States is also the subject of a foreign investigation or prosecution, victims in the 

United States investigation/prosecution may need assistance in obtaining information about 

and participating in the foreign prosecution. Department personnel may assist victims in the 

United States investigation/prosecution with information about foreign prosecutions and 

facilitate participation therein when appropriate and feasible with available resources.

ARTICLE III: WHO IS A VICTIM
23

ARTICLE III: WHO IS A VICTIM

J. Victims of Juvenile Offenders

Generally, victims of juvenile offenders are victims for purposes of the VRRA, CVRA, and the 

AG Guidelines, but the Federal Juvenile Delinquency Act (FJDA) (18 U.S.C. §§ 5031-5042) 

restricts the type of information that may be disclosed to victims about investigations and 

proceedings regarding juvenile offenders unless the juvenile waives the restrictions or has 

been transferred for criminal prosecution as an adult. As outlined below, this law affects how 

the statutory CVRA rights can be provided to victims.

1. Victim Services

During the investigative stage, a crime victim should receive the services to which the 

victim would normally be entitled, but only a general statement about the progress 

of an investigation into the role of a juvenile suspect may be disclosed. Investigators 

and other Department personnel are cautioned that the name and other identifying 

data about a suspect who is known or believed to have been younger than 18 when 

the crime occurred should not be disclosed. 

2. Victim Rights

In federal juvenile delinquency proceedings, the FJDA nondisclosure provisions 

circumscribe victims’ ability to exercise many CVRA rights. Compare 18 U.S.C. § 3771(a) 

(2)-(4) with 18 U.S.C. § 5038(a). Nonetheless, victims can, as in other criminal cases, 

be offered reasonable protection when needed (see 18 U.S.C. § 3771(a)(1)); confer 

with the attorney for the government (see 18 U.S.C. § 3771(a)(5)); and make known 

their injuries and views on appropriate disposition including whether the prosecutor 

should move to detain, dismiss, defer prosecution, move to transfer to adult status 

or accept a plea, and how severe a sentence is warranted. Prosecutors should inform 

victims that presentence investigation reports and victim impact statements are not 

mandated at dispositional hearings but that a victim may prepare such a statement 

for the prosecutor to offer to the court. The prosecutor may also request that the court 

order the probation office to include a victim impact statement. Courts may order 

restitution in federal juvenile delinquency proceedings (18 U.S.C. § 5037(a); see 18 

U.S.C. § 3771(a)(6)), and victims have the right to be treated with fairness and respect 

for their dignity and privacy (see 18 U.S.C. §  3771(a)(8)). Prosecutors shall advise 

victims that they can seek the advice of a private attorney. See 18 U.S.C. § 3771(c)(2). 

Department personnel are not permitted to convey to the victim any prosecutorial 

information about the progress of a juvenile proceeding unless the court makes a 

delinquency finding.

After a finding of delinquency, federal law explicitly permits disclosure, on request, 

of information about the final disposition to the victim or, if the victim is deceased, 

to the victim’s immediate family. See 18 U.S.C. § 5038(a)(6). Upon request, a victim 

should be apprised of the final disposition of the case and the sentence imposed on 

the offender, but not the date when the juvenile offender in their case will be released 

from custody, unless the victim has requested such notification at that time.
24

ARTICLE III: WHO IS A VICTIM

K. Large Numbers of Victims

Cases with a large number of victims present unique challenges in affording victims’ rights 

and services. While individual contact with victims is preferred, such contact may not be 

feasible in cases involving hundreds or thousands of victims—for example, data breach 

cases and cases involving compromises of multiple computers, such as botnets. Department 

personnel should use technology and be creative, with the goal of providing rights and 

services to the greatest extent possible given the circumstances and resources available. See 

specific discussions in Articles IV.E (victim identification), V.D.2 (right to notice), V.E.4 (right not 

to be excluded from court), V.F (right to be reasonably heard), and V.G.2 (right to confer). In 

addition, Department personnel should coordinate between victim assistance personnel at 

the investigating agency and the prosecuting office in cases with large numbers of victims to 

maximize resources and effectively communicate with victims.

L. Specific Victim Populations

This subsection of the Guidelines addresses the unique needs of the following types of victims: 

child victims; victims of domestic violence, sexual assault, stalking, and human trafficking; 

American Indian or Alaska Native victims; older victims and persons living with disabilities; 

financially vulnerable victims; underserved populations; marginalized communities; and 

victims with limited or no proficiency in English. As appropriate, this subsection describes 

practical and legal considerations when working with these types of victims. Department 

personnel should be mindful that a victim may fall into more than one of these categories 

and should be sensitive and accommodating to a victim’s vulnerabilities. 

Victims in each of these categories are considered to be vulnerable victims. However, victims 

can be considered vulnerable for different reasons or due to other circumstances, such as 

homelessness, incarceration, or irregular immigration status. Vulnerable populations may be 

at higher risk of becoming victims of crime and may have a more difficult time participating in 

the justice system. When working with victims from any vulnerable population, it is important 

to assess and identify attitudinal and systemic barriers that might limit their capacity or 

willingness to cooperate with investigators, prosecutors, and victim-witness staff, and to 

identify resources, procedures, and other actions that can support them in overcoming these 

challenges.

Certain accommodations may benefit many different types of vulnerable victims. For example, 

Department personnel can support arrangements for victims and witnesses to participate 

in court proceedings via teleconference or video-conference when appropriate and legally 

permissible. In addition, Department personnel should use best efforts to implement a 

culturally-sensitive approach during the investigation and prosecution of crimes. See, e.g., 

Art. III.H (Victims in a Foreign Country and Foreign National Victims), Art. III.L.3 (American 

Indian and Alaska Native Victims of Crime), and Art. III.L.7 (Marginalized Communities). A 

culturally-sensitive approach includes awareness and acceptance of differences, promotion 

of cultural knowledge, the ability to adapt practice skills to fit the cultural context of victims, 

and understanding of the dynamics of differences between the culture of the Department 

personnel and the culture of the victim.

When declining prosecution of a matter that involves an ongoing threat or relates to acts 

of violence or abuse against vulnerable victims, including minors, or reviewing whether 

federal prosecution should be initiated for such a matter, prosecutors should be mindful of 

the directive in the Justice Manual concerning coordination with state, local, and tribal law 

enforcement authorities. See Justice Manual 9-27.240.
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ARTICLE III: WHO IS A VICTIM

Department personnel should comply with legal requirements and the following practices 

when working with these vulnerable victim populations. 

1. Child Victims

a. Department Obligations

Department personnel should be aware of the trauma that child victims 

and witnesses may experience when they are asked to recount the crime 

during the investigation and prosecution of a criminal case, particularly 

when testifying in court. A primary goal of Department personnel, therefore, 

shall be to reduce the potential trauma to child victims and witnesses that 

may result from their contact with the criminal justice system. To that end, 

Department personnel should provide age-appropriate support services 

to these victims, and referrals for community-based services to parents and 

guardians as indicated. See Art. IV.H (Services Referrals).

b. Definitions

i. Child: For purposes of the AG Guidelines, a child is a person under 

the age of 18 years. For guidance on notifying child victims after they 

reach the age of majority, see Article IV.I.5 (Victim’s Age).

ii. Child Abuse: For the purposes of this section, “child abuse” means 

the physical or mental injury, sexual abuse or sexual exploitation, 

or negligent treatment of a child. “Sexual abuse” includes rape, 

molestation, or incest with children. “Sexual exploitation” includes the 

production, distribution, receipt, possession, or access of child sexual 

abuse material (referred to in federal law as “child pornography”), 

as well as the commercial sexual exploitation of children (child sex 

trafficking), and the employment, use, persuasion, inducement, 

enticement, or coercion of a child to engage in, or assist another person 

to engage in, sexual abuse or sexual exploitation of children. The term 

“negligent treatment” means the failure to provide, for reasons other 

than poverty, adequate food, clothing, shelter, or medical care so as 

to seriously endanger the physical health of the child. “The term ‘child 

abuse’ does not include discipline administered by a parent or legal 

guardian to his or her child provided it is reasonable in manner and 

moderate in degree and otherwise does not constitute cruelty.” See 34 

U.S.C. § 20341(c)(8).

c. Child Abuse Reporting Requirements

i. Requirement to Report Suspected Child Abuse

Whenever Department personnel are required to report suspected 

child abuse, whether pursuant to these Guidelines or as required by 

any law, they shall do so expeditiously and with a sense of urgency. 

Department personnel who, in the course of official business, learn of 

facts that give reason to suspect child abuse shall promptly report the 

suspected child abuse to the appropriate law enforcement or Child 

Protective Services agency, and should also notify the Department 
26

ARTICLE III: WHO IS A VICTIM

personnel designated to receive such reports in their agency, 

component, or office. In addition, certain Department personnel may 

be legally required to report suspected child abuse under state, tribal, 

and/or federal law. These mandatory reporting requirements and 

related reporting procedures are discussed below.

ii. Child Abuse Discovered from a Grand Jury, an Investigation, or a 

Confidential Source

Information learned during a grand jury investigation could implicate 

Federal Rule of Criminal Procedure 6(e). Grand jury secrecy rules 

generally prohibit the disclosure of “matters occurring before 

the grand jury.” Fed. R. Crim. P. 6(e). When Department personnel 

suspect that a child is being abused based on information learned 

in connection with grand jury testimony or a matter within the 

grand jury, Department personnel shall immediately consult with 

the Department attorney handling the grand jury investigation. The 

Department attorney shall also immediately consult with a supervisor, 

and if needed, a professional responsibility officer, to determine how 

to properly report the suspected abuse. Circumstances may allow 

Department personnel to report child abuse without revealing grand 

jury information. If reporting the suspected child abuse would require 

the disclosure of grand jury information, the Department attorney 

handling the grand jury investigation may need to obtain court 

authorization to disclose the information. See Fed. R. Crim. P. 6(e)(3)

(E)(iv). 

When Department personnel suspect that a child is being abused 

based on information gathered during an investigation or from a 

confidential source, they should make every effort to report the 

abuse to the appropriate authorities in order to protect the safety 

of the child. If it is not possible to report the suspected child abuse 

without compromising an investigation, compromising a confidential 

source, disclosing protected information (e.g., classified information, 

law enforcement sensitive information, or information that could 

compromise investigative sources or methods), or endangering 

public safety, Department personnel shall, without delay, obtain 

guidance from the designated component responsible official. See

Art. IV.B (Responsible Officials) for a listing of component responsible 

officials. The component responsible official shall not delegate this 

responsibility. Component responsible officials are encouraged to 

consult personnel with expertise in the subject matter of child abuse 

and should be aware of the penalties, some of them criminal, which 

could result from a decision to delay reporting or not to report. See

Art. III.L.1.c.iv.b (Sanctions for Failure to Report).

iii. State Mandatory Reporting Laws

All Department personnel should refer to their state child abuse 

reporting laws to determine the scope of their obligations in cases 
27

ARTICLE III: WHO IS A VICTIM

of suspected child abuse. State laws vary substantially. Some states 

require mandatory reporting of child abuse or neglect by all persons 

within their boundaries; others require such reporting only from 

persons engaged in expressly listed occupations. A report should be 

made even if the information inadvertently comes to the Department 

personnel’s attention, but not if the suspected child abuse has already 

been reported and is the subject of an existing report or investigation. 

Reports of child abuse required by state or local law shall be made to 

the agency or entity identified in accordance with that law.

All 50 States, the District of Columbia, American Samoa, Guam, the 

Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands 

have statutes specifying procedures that state agencies must follow 

in handling reports of suspected child abuse or neglect. In most 

states, these procedures include requirements for cross-system 

reporting (simultaneous reporting to different authorities, such as 

law enforcement and Child Protective Services) and/or information 

sharing among professional entities. 

Whether or not required by state law, Department personnel are 

encouraged to cross-report because it ensures that the appropriate 

information gets to the agency that must conduct the investigation 

or family assessment. Cross-reporting is in the best interests of the 

child because it creates a holistic response by engaging both law 

enforcement, which can investigate the crime, and Child Protective 

Services, which can provide services and take measures to address 

the health and safety of the child. 

iv. Federal Reporting Requirement

(a) Mandated Reporters

The federal child abuse reporting law requires certain 

professionals (including law enforcement personnel, 

probation officers, criminal prosecutors, juvenile rehabilitation 

or detention facility employees, and social workers) who learn 

of facts that give reason to suspect child abuse while working 

on federal land or in a federally operated (or contracted) 

facility, to report suspected child abuse, as defined in 34 U.S.C. 

§ 20341 (regardless of where the child is cared for or resides), 

to an investigative agency designated by the Attorney 

General to receive and investigate such reports. See 28 C.F.R. 

Part 81. This statutory requirement to report suspected child 

abuse applies regardless of whether the suspected abuse 

occurred on federal land or in a federally operated facility. If 

the Department employee is a mandated reporter pursuant 

to 34 U.S.C. § 20341(a) and learns of the suspected abuse 

while working on federal land or in a federally operated 

facility, then it must be reported.
28

ARTICLE III: WHO IS A VICTIM

(b) Sanctions for Failure to Report

A covered professional who, while working on federal land 

or in a federally operated (or contracted) facility, learns of 

facts that give reason to suspect that a child has suffered 

an incident of child abuse (regardless of where the child is 

cared for or resides) and fails to timely report shall be fined 

or imprisoned not more than one year or both. See 18 U.S.C. 

§ 2258.

(c) Reporting Suspected Child Abuse

As described in section (iv)(a) above, if a Department 

employee is a mandated reporter pursuant to 34 U.S.C. 

§ 20341, that employee must report suspected child abuse 

regardless of where the abuse occurred. However, the 

procedures for reporting may differ depending on where 

the abuse occurred. Although not required under federal 

law, Department personnel should consider simultaneously 

reporting the matter to law enforcement and the appropriate 

Child Protective Services authority (as noted above, some 

states require simultaneous reporting). 

i. Suspected Child Abuse Occurring Outside Federal 

Land or a Federal Facility

Department personnel shall report suspected child 

abuse that occurred anywhere other than on federal 

land or in a federal facility to the local Child Protective 

Services agency or local law enforcement agency 

where the abuse occurred. 

ii. Suspected Child Abuse Occurring on Federal Land or 

in a Federal Facility

If the suspected abuse occurred on federal land or in 

a federal facility, then Department personnel should 

report it the local law enforcement agency or local 

Child Protective Services agency that has jurisdiction 

to investigate reports of child abuse or to protect child 

abuse victims in the area or facility in question. When 

no such agency has entered into a formal written 

agreement with the Attorney General to investigate 

such reports, the FBI shall receive and investigate 

such reports. See 28 C.F.R. § 81.3.

iii. Suspected Child Abuse in Indian Country

Reporting child abuse in Indian country is governed 

by 18 U.S.C. § 1169 and 25 U.S.C. § 3203. (The 

Department uses the term “Indian country” because 

it is a legal term that is defined in federal law to 
29

ARTICLE III: WHO IS A VICTIM

include land within reservations, “dependent Indian 

communities,” and allotments. See 18 U.S.C. § 1151.) 

Covered professionals shall report suspected cases 

of child abuse to the federal, state, or tribal agency 

with primary responsibility for child protection or 

investigation of child abuse within the portion of 

Indian country involved. If the report involves a 

potential crime and either involves an Indian child or 

an Indian suspect, the local law enforcement agency 

is required to make an immediate report to the FBI. 

See 25 U.S.C. § 3203(b)(2).

iv. Immediate Reports

Department personnel should report suspected child 

abuse by a method best suited to giving immediate 

notice. According to 34 U.S.C. § 20341(f), Department 

personnel are encouraged to use a standardized form, 

but such use shall not take the place of the immediate 

making of reports by other means when circumstances 

dictate. Reports may be made anonymously. Reports 

are presumed to have been made in good faith and 

reporters are immune from civil and criminal liability 

arising from the report unless they act in bad faith. 

See 34 U.S.C. § 20341(g). Reporters should document 

their report in the same manner that they document 

other important work-related actions.

v. Mandatory Training

Mandated reporters, as defined in 34 U.S.C. § 

20341, shall complete a yearly basic training on the 

reporting requirements. Initial training must be 

completed within a reasonable time upon hire and/

or upon assuming job responsibilities that require the 

employee to be a mandated reporter.

d. Privacy Protections for Child Victims and Witnesses

Department personnel should scrupulously protect children’s privacy in 

accordance with 18 U.S.C. § 3509(d), the AG Guidelines, and other Department 

policies. A child’s name or other identifying information (other than a 

pseudonym) should not be reflected in court documents or other public 

records unless otherwise required by law. 

i. Motion to Render Nonphysical Identifying Information Inadmissible

Federal prosecutors may move in any prosecution under Chapter 110 

or section 1466A of title 18 for an order that the name, address, Social 

Security Number, and other nonphysical identifying information 

(other than the age or approximate age) of any minor who is depicted 
30

ARTICLE III: WHO IS A VICTIM

in any child sexual abuse material (referred to in federal law as “child 

pornography”) shall not be admissible and may be redacted from 

otherwise admissible evidence. See 18 U.S.C. § 2252A(e).

ii. Sanctions for Violating the Disclosure Rules

A knowing or intentional violation of the privacy protection accorded 

children in 18 U.S.C. § 3509(d) is a criminal contempt punishable by 

not more than one year’s imprisonment, or fine, or both. See 18 U.S.C. 

§ 403.

e. Child Protections During Criminal Investigations

i. Multidisciplinary Child Abuse Teams

A multidisciplinary child abuse team is a professional unit composed 

of representatives from health, social service, law enforcement, and 

legal service agencies to coordinate the assistance needed to handle 

cases of child abuse. See 18 U.S.C. § 3509(a)(7). The goals of the 

multidisciplinary team are (1) to minimize the number of interviews 

to which the child is subjected to reduce the risk of suggestibility in 

the interviewing process, (2) to provide needed services to the child, 

and (3) to monitor the child’s safety and well-being.

A multidisciplinary child abuse team shall be used when feasible. See

18 U.S.C. § 3509(g)(1). Department personnel should use existing 

multidisciplinary teams, including Child Advocacy Centers, in their 

local communities. Law enforcement personnel are encouraged to 

bring other professionals onto the teams. Local laws and guidelines 

concerning the teams may vary, and federal personnel should 

become familiar with the local provisions. If no multidisciplinary team 

is in place in a particular community, Department personnel should 

coordinate with the local Child Protective Services or Child Advocacy 

Center and other agencies and experts to assemble the expertise 

necessary to ensure the most effective response to the crime and 

victim.

ii. Investigation and Forensic Interviewing of Child Victims and Witnesses

The first investigator responding to a report of child abuse or 

sexual abuse shall refer the child victim for a medical examination. 

Whenever possible, interviews of child victims and witnesses should 

be conducted by personnel properly trained in child interviewing 

techniques. Child and Adolescent Forensic Interviewers with the 

FBI or United States Attorneys’ Offices (and other professional 

forensic interviewers employed by other law enforcement agencies 

or Child Advocacy Centers) use an evidence-based, legally sound, 

developmentally appropriate, and child-sensitive methodology 

that is designed to obtain accurate information while minimizing 

trauma experienced by a minor victim or witness. Although forensic 

interviews are primarily used as an investigative tool, they may also 

yield information useful to the Child Protective Services (or other 

agencies) for decisions concerning custodial placement and mental 
31

ARTICLE III: WHO IS A VICTIM

health treatment. Before disclosing the substance of a forensic 

interview to other agencies, Department personnel should confirm 

that such disclosure is permissible and appropriate.

COMMENTARY

Evidence from medical examinations and forensic interviews of children may provide 

the only corroboration for a successful prosecution of the case, particularly in cases of 

child abuse. Medical examinations provide documentation of the event and injuries, and 

forensic interviews gather factual information from a child to determine if the child was 

the victim of a crime or witnessed a crime against another person. The forensic interview 

should be appropriate for the child’s age and developmental level, but it should not be 

confused with a therapeutic interview that is conducted for the purpose of designing 

treatment for and providing treatment to a child.

iii. Addressing Child Well-Being

Investigators should try to determine whether children will be on 

the scene of an arrest, search warrant, or other enforcement action. 

If children are reasonably anticipated to be present, investigators 

should take appropriate actions to address the safety and well-being 

of children and reduce the potential for the infliction of traumatic 

stress on any children present. Such actions may include having victim 

specialists, local child protection agencies, and/or multidisciplinary 

response teams present at the scene before and during the law 

enforcement action as appropriate under the circumstances. Such 

specialists likely have appropriate training on or expertise with 

working with children and developmentally appropriate responses to 

trauma and should assess the child’s well-being and make appropriate 

recommendations for care or services.

COMMENTARY

When assessing a child’s well-being, Department personnel should consider whether the 

child lives in or is exposed to an environment where drugs, including pharmaceuticals, 

are abused, or used, possessed, trafficked, diverted, or manufactured illegally. In such 

environments, children may experience or be at risk of experiencing physical, sexual, or 

emotional abuse; medical, educational, emotional, or physical harm; or neglect, including 

harm resulting or possibly resulting from the inhalation, ingestion, or absorption of 

drugs. Department personnel shall consult with appropriate experts, including medical 

personnel and Child Protective Services, to determine the appropriate care and services 

for children in such situations. Further, such environments may foster other crimes 

involving children. For example, children may be caused or forced to engage in criminal 

conduct or may participate in illegal or sexual activity in exchange for drugs or money. 

When a child is forced, compelled, or coerced to engage in criminal activity, is caused 

to engage in sexual activity in exchange for drugs or money, or is caused to engage in 

any sexual activity on account of which there is an exchange of anything of value by any 

person, that constitutes human trafficking.
32

f. Child Protections During Judicial Proceedings

i. Child Witnesses

Section 3509 of Title 18 provides mechanisms for the protection 

of child witnesses during judicial proceedings, including closing 

the courtroom during a child’s testimony or allowing the child to 

testify via alternative means, allowing the use of adult attendants or 

testimonial aids, and expediting proceedings. Department personnel 

prosecuting cases involving children should review and are urged to 

become familiar with the accommodations and protections under 

applicable law and use them as necessary to protect the interests of 

child witnesses.

For purposes of testifying, a child is presumed to be competent. See

18 U.S.C. §  3509(c)(2). If competency is challenged, the court may 

permit an attorney, but not a party appearing pro se, to examine a 

child directly on competency, if the court is satisfied that the child 

will not suffer emotional trauma as a result of the examination. 

Federal prosecutors should consider making this request of the court 

because in many instances questioning by a familiar person may be 

less traumatic for the child. Prosecutors should, however, be aware 

that defense attorneys likewise may make such a request. See 18 

U.S.C. § 3509(c)(7).

ii. Guardian ad Litem

To protect the best interests of the child, the court may appoint a 

guardian ad litem for a child who was a victim of, or a witness to, a 

crime involving abuse or exploitation. See 18 U.S.C. § 3509(h)(1). 

Prosecutors shall request that the court appoint a guardian ad litem 

for a child who was a victim of a crime committed by a legal guardian, 

parent, someone who has custody over the child, or by someone 

who resides with the child. Although 18 U.S.C. § 3509(h) by its terms 

applies only to cases in which a child is a victim of or witness to abuse 

or exploitation, prosecutors are strongly encouraged to move for the 

appointment of a guardian ad litem in any case in which a child is a 

victim of or witness to a crime.

iii. Victim Impact Statements

Department personnel should obtain and report to the probation 

officer accurate information concerning a child’s victimization. 

Children may prepare victim impact statements. Child victim impact 

statements should be in an age-appropriate format that permits the 

child to express their views concerning the personal consequences 

of their victimization at a level and in a form of communication 

commensurate with their age and ability.

ARTICLE III: WHO IS A VICTIM
33

ARTICLE III: WHO IS A VICTIM

Department personnel should request information from the 

multidisciplinary child abuse team and other appropriate sources 

to determine the impact of the offense on the child victim and any 

other children who may have been affected, in order to provide the 

probation officer with the most useful and accurate information 

possible.

As stated in Article II.D, in order to protect the dignity and privacy 

interests of victims, Department personnel should exercise particular 

care to safeguard victim impact statements. See Art. II.D.1.

2. Victims of Domestic Violence, Sexual Assault, Stalking, and Human Trafficking

a. Statement of Purpose

Victims’ rights laws and policies are of particular importance to victims of 

domestic violence, sexual assault, stalking, and human trafficking. These 

crimes often cause emotional trauma in addition to physical injury, which 

may make it more difficult for victims to report these crimes. These victims 

often are in great danger of future violence after reporting a crime, during 

the investigation and prosecution of cases, and after defendants are released 

from prison. Appropriate responses in these cases can save lives, prevent 

future violence, and promote victim recovery.

Department personnel who work with victims of domestic violence, sexual 

assault, stalking, and human trafficking should recognize the particular 

vulnerability of these victims, use their best efforts to respect the privacy 

and dignity of these victims, and make victim safety a high priority. These 

personnel should have received training on or have experience with working 

with victims of these crimes or should consult with Department personnel 

who have such training or experience. 

b. Specific Guidelines

i. Evidence of Past Sexual Behavior

Evidence about a victim’s past sexual behavior or alleged sexual 

predisposition is generally inadmissible in court. Prosecutors should 

be aware of this evidentiary rule and use it when appropriate. See Fed. 

R. Evid. 412.

ii. Referrals for Assistance in Developing a Safety Plan for Domestic 

Violence, Stalking, and Human Trafficking Victims

A safety plan is an individualized plan developed by domestic 

violence, stalking, and human trafficking victims to reduce the threats 

of harm they and their family members face. Safety plans include 

strategies to get to safety in the face of potential physical violence 

and physical or psychological harm (e.g., obtaining a protective order) 

and strategies to maintain basic human needs (e.g., housing and 

income) in spite of the disruptions caused by the victimization, which 
34

may include relocation, loss of employment, and physical injury. 

Victims may need assistance in identifying potential risks to safety 

and well-being, options for addressing those risks, and information 

about the types of services and support that may be required 

from the criminal justice system and community-based providers. 

Department victim assistance personnel should consider providing 

referrals to community-based victim assistance programs (including 

Child Advocacy Centers, Family Justice Centers, and organizations 

focused on particular crime victimizations or communities) with 

expertise to address those needs. Victim assistance personnel should 

also be familiar with any programs that exist in the jurisdiction that 

allow for confidentiality of the victim’s address and the requirements 

for enrollment in those programs.

iii. Limited Testing of Defendants in Sexual Assault Cases

The responsible official shall advise a victim of a sexual assault that 

poses a “risk of transmission” of the Human Immunodeficiency Virus 

of the circumstances under which the victim may obtain an order 

that the defendant be tested for this condition and that the results be 

shared with the victim. See 34 U.S.C. § 12391(b)(1).

iv. Payment for and Preservation of Medical Forensic Examinations of 

Sexual Assault Victims

A victim of sexual assault under federal law, including cases of 

sexual assault in Indian country, has the right not to be prevented 

from, or charged for, receiving a medical forensic examination. 

18 U.S.C. § 3772(a)(1). Generally, a sexual assault medical forensic 

examination (sometimes also called a “forensic medical examination”) 

is an examination provided to a victim of sexual assault by medical 

personnel to gather evidence of a sexual assault in a manner suitable 

for use in a court of law (see, e.g., 28 C.F.R. § 90.2(c)), as well as to diagnose 

and treat the victim for possible injuries. Such an examination should 

include, at a minimum: (i) gathering information from the patient 

for the forensic medical history; (ii) head-to-toe examination of the 

patient; (iii) documentation of biological and physical findings; and 

(iv) collection of evidence from the patient. See 28 C.F.R. § 90.2(c)(1). 

It is critically important that the investigative agency fulfill its 

responsibility to pay for medical forensic sexual assault examinations 

as other resources may not be available, and the absence of a medical 

forensic examination may hinder the ability of prosecutors to proceed 

with a criminal case.

The responsible official or the head of another department or agency 

that conducts an investigation into a sexual assault shall pay, either 

directly or by reimbursement to the victim, the cost of a physical 

examination of the victim and the costs of materials used to obtain 

evidence as well as for testing for sexually transmitted infections. See

34 U.S.C. § 20141(c)(7). Department components with responsibility 

to investigate sexual assault should develop policies and protocols 

ARTICLE III: WHO IS A VICTIM
35

ARTICLE III: WHO IS A VICTIM

that govern how the component will pay for or arrange payment for 

medical forensic examinations, train relevant staff on those policies 

and protocols, and coordinate with medical facilities that provide 

medical forensic examinations to ensure timely and uniform payment 

for exams. It is a best practice for the department or agency to pay the 

cost of the examination directly to the health care provider rather than 

to reimburse a victim who has paid for the examination. In no case 

shall the victim be held responsible for payment for the examination 

or be required to seek reimbursement for the examination from 

their insurer. Moreover, in no case shall a victim of sexual assault be 

required to participate in any investigation or prosecution in order to 

be provided with a forensic medical examination free of charge.

A sexual assault victim has the right to: (i) have a sexual assault 

evidence collection kit or its probative contents preserved, without 

charge, for the duration of the maximum applicable statute of 

limitations or 20 years, whichever is shorter; (ii) be informed of any 

result of a sexual assault evidence collection kit, including a DNA 

profile match, toxicology report, or other information collected as 

part of a medical forensic examination, if such disclosure would not 

impede or compromise an ongoing investigation; and (iii) be informed 

in writing of policies governing the collection and preservation of a 

sexual assault evidence collection kit. Further, a sexual assault victim 

has the right, upon written request, to receive written notification 

from the appropriate official with custody of the sexual assault 

evidence collection kit not later than 60 days before the date of the 

intended destruction or disposal of the kit; and upon written request, 

be granted further preservation of the kit or its probative contents. A 

sexual assault victim has the right to be informed of the rights listed 

in this paragraph. See 18 U.S.C. § 3772(a)(2)-(4).

At the time of an assault, the victim may not be prepared to make a 

decision to participate in the investigation and/or prosecution of a 

sexual assault case. Provision of the free medical examination ensures 

the evidence is collected and will be available: (i) should the victim 

decide to participate, (ii) if the government decides to prosecute 

without the victim’s participation, or (iii) if the evidence is needed at 

a later date.

Although the Violence Against Women Act of 1994 (VAWA), Pub. L. 

No. 103-322, 108 Stat. 1796, certification requires only that states 

or other governmental entities incur the full out-of-pocket costs of 

the elements of a sexual assault medical forensic exam listed in 28 

C.F.R. § 90.2(c)(1), best practice in the field considers such an exam 

to include both forensic elements and medical elements, such as 

information, treatment, and referrals, for sexually transmissible 

infections, pregnancy, suicidal ideation, alcohol and substance abuse, 

and other nonacute medical concerns, and follow-up as needed 

to provide additional healing and treatment. Department policies 

governing medical forensic sexual assault examinations should 

address the payment of these related medical services that may be 
36

medically necessary, have evidentiary value, or otherwise be deemed 

appropriate. Department personnel should be mindful that victims 

may incur expenses for medical care beyond what is minimally 

related to the initial collection of evidence, and help victims identify 

appropriate financial resources. This might include helping victims 

apply for victim compensation funds or medical benefits, or arranging 

payment from departmental funds where authorized.

v. Availability of Payment for Testing and Counseling in Cases of Sexual 

Assault

The responsible official of the investigative agency shall inform 

victims of the Attorney General’s obligation to pay the costs for up 

to two anonymous and confidential tests of the victim for sexually 

transmitted diseases during the 12 months following the assault, 

and to pay the cost of a counseling session by a medically trained 

professional regarding the accuracy of such tests and the risk of 

transmission of sexually transmitted disease to the victim as a result 

of the assault. See 34 U.S.C. § 20141(c)(7).

vi. Right to Make a Statement About Pretrial Release

The responsible official shall reasonably, and in a timely manner, 

inform a victim of an interstate domestic violence, violation of a 

protection order, or stalking offense that they have the right to 

make a statement regarding the danger posed by the defendant for 

the purpose of determining pretrial release of the defendant or the 

conditions of such release. See 18 U.S.C. § 2263.

vii. Mandatory Restitution

VAWA requires courts to order full restitution in cases of sexual abuse 

(see 18 U.S.C. § 2248) and interstate domestic violence, violation of a 

protection order, and stalking (see 18 U.S.C. § 2264). The Trafficking 

Victims Protection Act of 2000 (TVPA), Pub. L. No. 106-386, 114 Stat. 

1488, requires courts to order restitution in cases of trafficking in 

persons prosecuted under Chapter 77. Restitution under the TVPA 

shall include “the full amount of the victim’s losses” including “the 

greater of the gross income or value to the defendant of the victim’s 

services or labor or the value of the victim’s labor as guaranteed 

under the minimum wage and overtime guarantees of the Fair Labor 

Standards Act.” See 18 U.S.C. § 1593 as amended.

viii. VAWA Self-Petitioning

VAWA’s immigration provisions allow certain immigrants who are 

victims of physical abuse to file for immigration relief without their 

abusers’ assistance or knowledge. This relief is available only for the 

spouses and children of U.S. citizens or aliens lawfully admitted for 

permanent residence. See 8 U.S.C. § 1154 and Article III.H (Victims 

in a Foreign Country and Foreign National Victims) for additional 

guidance on immigration relief.

ARTICLE III: WHO IS A VICTIM
37

ARTICLE III: WHO IS A VICTIM

3. American Indian and Alaska Native Victims of Crime

a. Background

American Indians and Alaska Natives (AI/AN) are impacted by crime at rates 

far higher than most other populations in the United States. Historical trauma, 

extreme poverty, a lack of local resources, and numerous additional factors 

often compound the impact crime has on these individuals, families, and 

communities. Because of these factors, defending the rights of and providing 

services to AI/AN victims of crime in Indian country are especially important—

and often, especially challenging. However, the Federal government has a 

trust responsibility to tribes, requiring Department personnel who investigate, 

prosecute, and respond to crimes in Indian country to make their best efforts 

to afford AI/AN victims the rights and services provided by law. 

In addition, Department personnel should be aware that they may encounter 

AI/AN victims who are victims of federal crimes outside Indian country. 

Department personnel should be aware that those victims may share similar 

vulnerabilities (e.g., historical trauma, extreme poverty, and a lack of local resources) 

and cultural sensitivities, as those who live in Indian Country, and should treat them 

in accordance with this section.

Finally, because of the complicated jurisdictional structure that applies to 

many parts of Indian country, Department personnel should explain to 

victims how responsibility for their cases will be handled and ensure that any 

jurisdictional questions are resolved as quickly and transparently as possible 

so that victims are not without support from responsible officials.

b. The Government-to-Government Relationship

The Department’s Principles for Working with Federally Recognized Indian 

Tribes reflects the deep commitment to working closely with tribes, respecting 

their tribal sovereignty, and effectively responding to victims. Department 

personnel working in Indian country should be trained on the principle of 

tribal sovereignty and the unique cultural history and traditions of the tribe 

or tribes with which such personnel work. To achieve this goal, Department 

personnel working on Indian country cases must receive training on how to 

work effectively with tribal governments. 

c. Outreach and Coordination with Tribes

In keeping with the Department’s government-to-government relationship 

with federally recognized tribes, and consistent with federal law and 

Department policies and directives, appropriate officials in Department 

components working in Indian country are required to proactively reach out 

to tribal leadership to discuss how to partner on public safety issues and to 

address the needs of victims when cases arise. See, e.g., The Tribal Law and 

Order Act. In conducting this outreach, federal prosecutors working Indian 

country cases should coordinate with other federal prosecutors with relevant 

expertise, particularly those who prosecute child sexual exploitation and 

human trafficking offenses, along with members of multidisciplinary child 

abuse teams. Proactive outreach will better inform Department personnel of 

these practices up front, which will inform their discussions with victims after 

a crime occurs.
38

Each tribe has unique cultural, spiritual, or language considerations that may 

impact investigatory or prosecutorial procedures. Department personnel 

working Indian country cases should learn about the tribes in their district 

and shall consult with those tribes in designing appropriate processes for 

both investigations and prosecutions, including preferred terminology 

to reference the tribe. Department personnel should also be mindful that 

individual AI/AN victims may or may not share the same cultural practices 

as other tribal members. Department personnel should discuss with victims 

their individual needs. 

Department personnel should offer to meet tribal members in their own 

communities. Department personnel should endeavor to be partners not 

only when crimes occur but also are encouraged to participate in tribal 

community and cultural events to establish trust and rapport with the tribe 

and its members. Department personnel working in Indian country are 

encouraged to lead, or participate in, efforts to build collaborative partnerships 

between federal, tribal, and state or local law enforcement agencies to foster 

cooperation and information-sharing in criminal cases that may have crossjurisdictional implications. 

d. Case-Specific Communications

i. Resources 

Personnel should use a victim-centered, trauma-informed, 

and culturally-sensitive approach during the investigation and 

prosecution of crimes committed in Indian country. This approach 

includes establishing a communications plan with all relevant 

personnel early in a case and traveling to meet with victims in their 

own community whenever possible. Participating in the court 

process is often financially and logistically difficult for tribal victims. 

Department personnel should seek to mitigate the effects of financial 

burdens whenever permissible under Department policy regarding 

advance witness fees, travel assistance, and reimbursement of courtrelated travel expenses for witnesses subpoenaed to testify in the 

grand jury or in court. 

ii. Privacy

Many tribal communities are close-knit and Department personnel 

must address victim confidentiality and privacy concerns. This 

obligation aligns with a victim’s right to be treated with fairness 

and with respect for the victim’s dignity and privacy, as further 

discussed in Article V.J (CVRA Right Eight). Refer to Article II.D 

(Privacy Considerations for Victims and Witnesses) for a discussion 

regarding privacy considerations of victims. Immediate and extended 

family members often play a significant role in AI/AN victims’ lives. 

Department personnel should provide opportunities for these victims 

to have the support of family throughout the criminal justice process, 

to the extent the victim desires. Sometimes, the absence of family 

ARTICLE III: WHO IS A VICTIM
39

ARTICLE III: WHO IS A VICTIM

support for a victim may indicate that the victim could be a target for 

retaliation for cooperating with the investigation and prosecution of 

the offender. Federal personnel should be aware of the potential for 

retaliation against the victim if they observe that the victim’s family 

members do not appear to support the victim’s desire to cooperate 

with the investigation or prosecution of their offender. Department 

personnel must promptly address any security concerns, as discussed 

in Article IV.F (VRRA) and Article V.C (CVRA). When victim assistance 

personnel discuss community resources, they should also discuss 

resources outside the community that may allow the victim more 

privacy. 

iii. Media and Publicity

When issuing press releases, it is imperative that offices refrain from 

including information that could potentially identify the victim, 

embarrass the victim, or invade the victim’s privacy. In a small 

tribal community, even the use of initials or descriptions of family 

relationships may be enough to identify a victim. Refer to Article 

II.D.2 (Sharing of Information for Law Enforcement Purposes) for a 

discussion of victim privacy considerations in the context of press 

releases, along with Article V.J (CVRA Right Eight), which discusses 

the issuance of press releases in accordance with victims’ right to be 

treated with fairness and with respect for their dignity and privacy. 

e. Cultural Practices and Evidence Collection

Consistent with the right to be treated with fairness and respect, Department 

personnel should be aware of a particular tribe’s preferred practices and 

take all reasonable steps to conduct investigations in ways respectful of 

cultural traditions to the extent that they do not create an unreasonable risk 

of interfering with the investigation, leading to the possible destruction of 

evidence, or otherwise being inappropriate or detrimental to the victims’ 

interests. See Art. V.J (CVRA Right Eight). Department personnel should also 

afford opportunities for culturally based services wherever appropriate. 

In many tribes, spiritual and cultural practices around death and burial are 

particularly sacred. Department personnel should be mindful of those 

practices when collecting evidence or collecting personal effects from the 

bodies of crime victims so that the body of the decedent and their personal 

effects can be returned to the family to observe traditional or cultural burial 

rites as soon as they are no longer needed for evidentiary purposes. Similarly, 

investigators collecting evidence shall make their best efforts to ensure 

the maintenance and return of that property in a manner that is consistent 

with the traditional or cultural practices of a victim. See generally 34 U.S.C. 

§ 20141(c)(6) (requiring responsible officials to ensure that any property of 

a victim that is being held for evidentiary purposes be maintained in good 

condition and returned to the victim as soon as it is no longer needed for 

evidentiary purposes). See also Art. IV.K (Return of Property). Burial costs or 

the cost of repatriating the body of a homicide victim for burial, as well as 
40

costs associated with a victim participating in traditional cultural practices as 

part of recovering from a crime, may be compensable through restitution, or 

through a state’s crime victim compensation program. Department personnel 

should assist AI/AN victims with accessing these financial resources where 

appropriate. 

f. Sexual Violence Crimes

Some crimes—such as sexual violence—disproportionately affect AI/AN 

adults and children. Due to the prevalence of these crimes in Indian country, 

Department personnel should be aware of how the trauma caused by these 

crimes may impact primary and secondary victims, specific cultural practices 

that may facilitate a victim’s healing, and how to observe trauma-informed 

practices when communicating with victims in the aftermath of such crimes. 

A prompt and respectful response to the disclosure of sexual violence may be 

essential to the development of trust necessary for a viable prosecution. See

Art. III.L.2 (Victims of Domestic Violence, Sexual Assault, Stalking, and Human 

Trafficking).

In cases involving sexual violence, a victim may desire to participate in a 

spiritual or healing practice that could interfere with documentation of any 

injuries or the collection of biological evidence. For example, participation 

in a sweat lodge by a victim of sexual assault could hinder the collection 

of evidence such as semen, skin, or hair. As early as possible, Department 

personnel should provide information to victims of sexual violence about the 

potential impact on a case if biological evidence is compromised, but also 

respect the wishes and choices of these victims to engage in those practices, 

in accordance with the victims’ right to be treated with fairness and with 

respect for their dignity and privacy. See Art. V.J (CVRA Right Eight).

4. Older Victims and Persons Living with Disabilities

Older adults, persons with physical and mental disabilities including emotional 

and behavioral disabilities, as well as persons with developmental and intellectual 

differences, are distinctly different groups. However, Department personnel should 

be aware that these groups sometimes experience similar vulnerabilities that may 

present unique challenges when working with these populations. These vulnerable 

victims and witnesses may have difficulty walking, hearing, or seeing, or be on 

significant medications or in chronic pain. Some may have an impaired level of 

cognitive function, dementia, depression, post-traumatic stress, ambivalence, or 

fear, which could cause them to be particularly vulnerable and anxious about the 

criminal justice system. Some older victims may lack familiarity or confidence with 

technology and internet use, making them more vulnerable to victimization and less 

aware of their victim status. Department personnel should take time to identify the 

specific needs and requirements of these populations, and address those needs and 

requirements in a victim-centered way. 

To the extent possible (and whenever required by Section 504 referenced below), 

Department personnel should consider the physical limitations of vulnerable victims 

and witnesses when scheduling matters with the court and should make arrangements 

with the court in advance to accommodate any such limitations, if necessary. For 

ARTICLE III: WHO IS A VICTIM
41

ARTICLE III: WHO IS A VICTIM

example, whenever permissible under Department policy regarding reimbursement 

of court-related travel expenses for witnesses subpoenaed to testify, Department 

personnel should consider helping to make transportation arrangements to and 

from court for victims and witnesses who do not drive, have difficulty walking, or 

have other physical limitations that make it challenging to attend court proceedings. 

Department personnel should consider arranging for the victim or witness to attend 

court proceedings via video conference when permissible and appropriate. For 

victims and witnesses with mobility issues, including persons with disabilities who are 

homebound, prosecutors should consider the use of video depositions. Arrangements 

should be made for wheelchairs and assistive listening devices, if needed. 

For those vulnerable victims and witnesses living with intellectual disabilities or with 

substance use disorders, Department personnel should consider personal assistants 

or aides during court proceedings to ensure appropriate access to support and 

medical assistance as needed. The Department will provide training to recognize the 

symptoms of acute crisis, such as a severe mental health crisis. Department personnel 

should provide referrals, when appropriate, to organizations that can provide wraparound support and services. 

Department personnel should be mindful of the mandates of Section 504 of the 

Rehabilitation Act and other relevant statutes. Department personnel should account 

for a victim’s or witness’s disability when providing rights and services. For example, 

Department personnel should ensure that court-certified American Sign Language 

interpreters are requested, where appropriate. In addition, victims with cognitive 

disabilities can benefit when investigative interviews are conducted by specially 

trained interviewers. Whenever possible, Department personnel should ensure that 

interviewers are appropriate for a victim’s specific needs. 

Some older adult victims or victims with disabilities are also particularly vulnerable to 

potentially exploitive familial or caretaker relationships. Prosecutors should not share 

private information regarding adult victims with any person except at the direction of 

the victim or, in the event of death, incapacity, or incompetence, at the direction of a 

person described in Articles III.B.3 and III.C.3 (Representative Victims). 

Whenever Department personnel suspect that an older or otherwise vulnerable adult 

victim or witness may be suffering from neglect, abuse, exploitation, or threatened 

retaliation (whether or not the person is a victim or witness in the matter being 

investigated or prosecuted), Department personnel should promptly contact the 

local Adult Protective Services agency and/or local law enforcement agency to 

report the concerns. Department personnel should also be aware of any applicable 

obligations to report such abuse and to work with Adult Protective Services pursuant 

to state law. The grounds for reporting such abuse may include physical evidence of 

abuse, sudden personality changes, disinterest in old habits, and signs of caregiver 

neglect. Prior to making a report to Adult Protective Services, Department personnel 

should inform the victim that such report will be made, unless doing so is not feasible 

or practical, or would endanger the victim. Department personnel should consider 

the effects that reporting may have on the victim’s immediate safety, and make best 

efforts, including consult with appropriate experts, to mitigate any risk to the victim’s 

safety that may arise from the reporting process.
42

In addition, Department personnel should provide referrals, where appropriate, for 

any available services, including to local social service agencies best able to meet the 

victim’s needs. Department personnel should also be aware of possible nursing home 

abuse and report potential abuse to Adult Protective Services, law enforcement, and/

or the state Attorney General’s office, as appropriate. Adult Protective Services may be 

able to assist in identifying resources and support. 

Department personnel should also seek to mitigate the effects of financial vulnerability 

whenever permissible under Department policy regarding reimbursement of courtrelated travel expenses for witnesses subpoenaed to testify. See Art. III.L.5 (Financially 

Vulnerable Victims).

5. Financially Vulnerable Victims

Department personnel should seek to mitigate the effects of financial vulnerability 

whenever permissible under Department policy regarding reimbursement of 

court-related travel expenses for witnesses subpoenaed to testify. Department 

personnel should coordinate these efforts with sufficient time to make arrangements. 

Prosecutors shall undertake best efforts to maximize restitution awarded, collected, 

and distributed for financially vulnerable victims. See Art. V.H (CVRA Right Six).

Department personnel should also be aware of possible economic consequences, 

retaliation, or intimidation to victims and witnesses who have a direct or indirect 

financial relationship with the accused. For instance, victims may be financially 

vulnerable because they are residing in locations that are leased, owned, or paid for 

by the perpetrators, such that the victims may be left without shelter as a result of 

reporting the crime or cooperating with the prosecution. This form of consequence, 

intimidation, or retaliation can be just as harmful to victims or witnesses as physical 

threats. 

Department personnel may need to take additional measures to protect the 

identity of any victims or witnesses when there is an employer-employee type of 

relationship or other form of financially dependent relationship. Economic retaliation 

or intimidation can be used to prevent victims or witnesses from participating in the 

criminal justice process. Department personnel should be aware that there may be 

laws and resources to protect victims and witnesses in these circumstances such as 

whistleblower protection statutes, resources for emergency subsistence, court orders 

of protection, and conditions of bond or release. 

6. Underserved Populations

The term “underserved populations” means populations who face barriers in accessing 

or using victim services for a variety of reasons. Examples include populations 

underserved because of geographic location, religion, sexual orientation, gender 

identity, race or ethnicity, particularized needs (such as language barriers, disabilities, 

immigration status, or age); and any other population determined to be underserved 

by the Attorney General or by the Secretary of Health and Human Services. In some 

cases, victims of specific crimes, while not being inherently more vulnerable, may be 

underserved because services have not been designed for them. For example, male 

victims of human trafficking often have difficulty in accessing specialized human 

trafficking services such as shelter or counseling because most specialized human 

ARTICLE III: WHO IS A VICTIM
43

ARTICLE III: WHO IS A VICTIM

trafficking programs are designed for women or girls. Victims of environmental crimes 

may be ineligible for crime victim compensation programs reserved only for victims 

of violent crime, even though environmental crime victims may have suffered harm 

and losses. Underserved populations may be less likely to report a crime, or to have 

a crime against them be investigated and prosecuted. Department personnel may 

need to expend additional effort to identify underserved crime victims and to identify 

appropriate service referrals for them. 

7. Marginalized Communities

Marginalized communities include communities that share one or more particular 

characteristics, such as race, religion, national origin, gender identity, sexual orientation, 

age, physical or mental ability, language, and/or immigration status, who have 

been systematically denied a full opportunity to participate in aspects of economic, 

social and civic life or who have been historically underserved, marginalized, and 

adversely affected by persistent inequality. This includes, but is not limited to, Black 

people; Hispanic populations; Asian Americans; Pacific Islanders and other persons 

of color; American Indians and Alaska Natives; Native Hawaiians; other indigenous 

peoples of North America; members of religious minorities; and members of the 

LGBTQI+ community. Members of marginalized communities may have experienced 

unconscious bias, discrimination, and mistreatment. These experiences may affect 

how marginalized communities engage and interact with the criminal justice system. 

Members of these communities may be simultaneously more vulnerable to becoming 

victims of crime while also feeling unprotected by and mistrustful of the criminal 

justice system. Crime victims from marginalized communities are likely to overlap 

with those from underserved populations, addressed above in section 6. 

Strong relationships of mutual trust between the criminal justice system and the 

communities the system serves are critical to maintaining public safety. Investigators 

and prosecutors rely on the cooperation of community members to provide 

information about crime in their neighborhoods, and to work with law enforcement 

and prosecutors to devise solutions to crime and disorder problems. Similarly, 

community members’ willingness to trust the criminal justice system depends on 

whether they believe that governmental actions reflect community values and 

incorporate the principles of procedural justice and legitimacy. Department personnel 

should strengthen their awareness of these dynamics in order to assist them in 

effectively implementing these Guidelines and meaningfully vindicating the rights of 

crime victims from marginalized communities. 

Additionally, Department personnel should strive to understand the perspective of 

marginalized communities and be empathetic to their circumstances and needs. 

Developing cultural familiarity with these communities will assist in identifying the 

specific needs of crime victims from these populations. Components should assist 

Department personnel in strengthening awareness and working with victims and 

witnesses from marginalized communities. In doing so, Department components may 

use numerous tools available in the public domain, in addition to internal training.

While recognizing the importance of understanding marginalized communities, 

Department attorneys should not ask, absent a specific, case-related reason, whether 

a crime victim is a member of a marginalized community or make assumptions about a 

crime victim based on the attorney’s perception that a crime victim is a member of such 

a community. In dealing with victims who are members of marginalized communities, 
44

Department attorneys should be mindful of Model Rule of Professional Conduct 

8.4(g), which prohibits a lawyer from engaging in harassment or discrimination on the 

basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, 

gender identity, marital status or socioeconomic status in conduct related to the 

practice of law.

8. Victims with Limited or No Proficiency in English

Limited English Proficient (LEP) individuals are individuals who do not speak English 

as their primary language and who have a limited ability to read, write, speak, or 

understand English.  Language proficiency may be contextual.  Individuals who 

possess English language proficiency in certain types of interactions may find that 

their English language skills falter when faced with a stressful or unfamiliar situation 

(such as a law enforcement encounter, legal proceeding, or medical encounter). 

When required, Department personnel are responsible for providing competent, 

quality-tested language assistance to LEP individuals in investigations, cases, and 

matters. Such assistance may involve interpretation (oral language assistance) and/or a 

translation (written language assistance or assistance relating to documents). Federal 

statutes (see, e.g., 28 U.S.C. § 1827, the Court Interpreters Act), the Federal Rules of 

Evidence, the Federal Rules of Criminal Procedure, and Executive Orders (see, e.g., 

Executive Order 13166) are among the authorities that apply to interactions with 

LEP victims, witnesses, and others. See also Department of Justice Guidance to Federal 

Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin 

Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 117 at 41459 n. 

4, and 41461 (also incorporated into the Department’s Language Access Plan). 

In addition to language proficiency and the ability to communicate accurately, it is 

also important that the interpreter have no association with the victim or perpetrator, 

and not be another victim, family member, or minor. See also Civil Rights Manual, 

Chapter 10: Trafficking, Section 10.98; United States Attorneys’ Bulletin, Sept. 2008, 

Linguistic Diversity and Its Implications for United States Attorneys’ Offices. 

Qualified interpreters may be unavailable, particularly in less populated or rural areas 

of the United States and its territories, or on short notice.  In those circumstances, 

Department personnel may consider using video remote interpreters, or, if needed, 

toll-free telephonic interpreters. However, before doing so Department personnel 

should consider that it is more difficult to establish rapport with a victim remotely, 

and particularly over the phone, where an interpreter cannot observe body language 

and non-verbal cues. 

M. Policies Concerning Polygraph Examinations of Victims and Child Witnesses 

1. Child Victims and Witnesses

Under no circumstances may Department personnel request or administer a polygraph 

examination of a victim or witness who is under the age of 18. This policy does not 

apply to individuals under the age of 18 who are the subject of the investigation for 

which the examination is requested or administered.

ARTICLE III: WHO IS A VICTIM
45

ARTICLE III: WHO IS A VICTIM

2. Victims Who Are Adults at the Time of the Investigation

Where the victim is an adult at the time of the investigation, the following policies 

apply:

Department personnel are strongly discouraged from asking crime victims to take 

polygraph examinations. Department personnel shall consider any potential adverse 

impact on the victim that could be caused by even a request to administer the 

examination. If requesting or administering a polygraph examination on any crime 

victim, Department personnel shall ensure that the victim freely, knowingly, and 

voluntarily consents to the administration of the polygraph, and that the victim is told 

that administration of the polygraph is not a condition of continuing the investigation. 

In addition to the conditions noted above, in the course of investigating sexual 

assault, domestic violence, stalking, human trafficking, or child sexual exploitation, 

the investigating agent may not ask the victim to take a polygraph examination in 

furtherance of such investigation except in extraordinary circumstances and only 

with the approval of both the appropriate senior supervisory Assistant U.S. Attorney 

(i.e., section/unit chief or higher) with oversight of the investigation and/or with 

responsibility for approving such requests, or their equivalent in a Department 

litigating division, and the Special Agent in Charge of the investigating field office. 

Such approval shall only be provided after all other reasonable investigative methods 

have been exhausted.
46
47

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

ARTICLE IV

MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

A. Background

The VRRA mandates that Department personnel provide certain services to “crime victims” 

starting from the initiation of an investigation. The VRRA provisions are referred to as “services” 

to be distinguished from victims’ “rights,” which are contained in the CVRA and are covered 

in Article V. There is some overlap between rights and services; for example, “reasonable 

protection” is considered both a right and a service. Each statute, however, has its own 

definition of crime victim. See Article III for the definitions under each statute.

Accordingly, there may be some victims who qualify to receive services who will not be able 

to enforce crime victims’ rights under the CVRA. This Article primarily addresses the VRRA 

victim services provisions.

B. Responsible Officials

The VRRA requires the Attorney General to designate persons in the Department of Justice 

who will be responsible for identifying the victims of a crime and performing the services 

described in that section at each stage of a criminal case. These persons are referred to as 

“responsible officials” in the statute and the AG Guidelines. See 34 U.S.C. § 20141(a). Responsible 

officials may delegate their responsibilities under the AG Guidelines to subordinates in 

appropriate circumstances, but responsible officials remain obligated to ensure that delegated 

responsibilities are discharged.

The Attorney General designates the following responsible officials:

1. Investigations

a. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement 

Administration (DEA), and the Federal Bureau of Investigation (FBI) – the 

Special Agent in Charge (SAC) of the division having primary responsibility 

for conducting the investigation;

b. Office of the Inspector General (OIG) – the Inspector General; and

c. United States Marshals Service (USMS) – the United States Marshal in whose 

district the case is being conducted.

2. Once Charges Are Filed

The United States Attorney in whose district the prosecution is pending, unless a 

Department litigating division is solely litigating the case in which situation the 

responsible official is the section chief to whom the lead prosecutor reports. By mutual 

agreement, the United States Attorney and any Department litigating division can 

transfer responsible official status to the other entity. Agreements should be in writing 

and detail how victim obligations are to be fulfilled (see, e.g., Memorandum from the 

Acting Assistant Attorney General, Criminal Division, on implementing the Attorney 

General Guidelines for Victim and Witness Assistance to the Director, Executive Office 

for United States Attorneys (June 17, 1993)).
48

3. Corrections

For cases in which the Bureau of Prisons (BOP) has become involved – the Director or 

Warden of each BOP facility where the defendant/offender is incarcerated.

4. Parole

For proceedings relating to parole, parole revocation, release to supervision for all 

parole-eligible offenders, and supervised-release revocation for District of Columbia 

offenders – the Chairman of the United States Parole Commission.

The responsible official shall designate the personnel who will carry out victim services 

in each Department of Justice investigating field office, United States Attorney’s Office, 

litigating division, corrections facility, and parole office. The responsible official shall 

instruct designated personnel to comply with the AG Guidelines and shall delegate to 

such personnel the authority to carry out the activities thereby required.

C. Timing of Services

Department responsibilities to crime victims begin as soon as possible after the detection of a 

crime at which they may be undertaken without interfering with the investigation. See 34 U.S.C. 

§ 20141(b). Generally, this point in time is defined by the opening of a criminal investigation. 

See Article III.B.4 for additional guidance on the time parameters for Department obligations.

D. Coordination of Services

Department personnel should coordinate with each other in providing victims with the 

services required by federal law and the AG Guidelines. Subject to available resources, victim 

witness personnel of the United States Attorneys’ Offices are strongly encouraged to assist 

Department components with victim matters in criminal cases charged in their district.

The nature and extent of services provided may vary with the type of harm experienced by 

the victim and other surrounding circumstances. When victims require services provided by 

personnel from another Department component or other agency, Department personnel 

should appropriately coordinate with and introduce victims to other components’ and 

agencies’ victim assistance personnel. Introductions should include an explanation of each 

component’s role. Department personnel should support each other as members of a team, 

coordinating services to the greatest possible extent, with a goal of providing consistent 

services to meet victims’ needs.

E. Victim Identification

At the earliest opportunity after the detection of a crime at which it may be done without 

interfering with an investigation, the responsible official of the investigative agency shall 

identify the victims of the crime. See 34 U.S.C. §  20141(b)(1). Victim identification means 

identifying the names and contact information for victims. The responsibility for identifying 

victims continues with the investigative agency throughout the criminal justice process. 

Other Department components or other investigative agencies may also identify victims, but 

all identifications should be coordinated with the lead case agent.

For those components having access to the automated Victim Notification System (VNS), 

identified victims’ names and contact information should be entered into VNS as soon 

as practicable, but no later than at criminal charging. In cases where the identified victim 

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA
49

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

is less than 18 years old, Department personnel should enter the child’s date of birth into 

VNS to facilitate notification when children (who may receive notification through parents 

or guardians) become adults and are entitled to direct notification. Non-VNS participating 

components should maintain victims’ names and contact information in a format that can be 

easily converted to the VNS system should the investigation result in a prosecution.

Some specialized types of cases are not entered into VNS during the investigative stage. These 

include national security investigation/counterterrorism cases. In those cases, responsible 

officials from the investigative agency should record identified victims’ names and contact 

information in another secure manner.

Identifying and locating victims can be one of the most difficult tasks in a case with a large 

number of victims. Both technology and traditional law enforcement methods can be utilized 

to identify victims. For example, officials may use notices on official websites, social media, or 

in print or broadcast media to ask victims to contact the agency. Access to a toll-free number 

or email address can be arranged so that victims can both provide identification information 

and receive information about available assistance and services. Department personnel, 

consistent with applicable law, may also work with banks, internet service providers, 

private sector entities, hospitals, schools, employers, nonprofit organizations, faith-based 

organizations, and disaster-assistance centers, where appropriate, to reach out to victims and 

to secure identification and contact information. In large white-collar crime cases, names and 

addresses of victims may be obtainable from the defendants’ records, while in cyber intrusion 

or other similar cases, it may be necessary to seek the assistance of an intrusion victim or other 

entities to fully identify victims as well as other persons who may not be statutory victims but 

nonetheless may wish to take defensive measures. For crimes involving aviation disasters, the 

FBI is the lead investigative agency and has specialized protocols for collecting passengerand ground-casualty victim information.

F. Reasonable Protection

The responsible official of the investigative agency shall arrange for a victim to receive 

reasonable protection from a suspected offender and persons acting in concert with or at the 

behest of the suspected offender. See 34 U.S.C. § 20141(c)(2). 

When a victim has been identified, the responsibility of arranging for reasonable victim 

protection remains with the responsible official of the investigative agency throughout the 

criminal justice process. Department personnel should consider victims’ legitimate security 

concerns at every point during the criminal justice process—to include the investigation, 

prosecution, incarceration, and post-incarceration supervision stages—and should coordinate 

with the responsible official of the investigative agency to promptly assess victim security 

concerns and take reasonable measures.

Department prosecutors should seek reasonable legal protections for identified victims. These 

measures may include requests for detention of the defendant or appropriate conditions of 

release such as stay-away/no-contact orders, heightened supervision, or drug and alcohol 

testing. When feasible, prosecutors should coordinate with victim assistance personnel when 

addressing victim security concerns, particularly regarding safety-planning, the provision 

of information about civil protective orders, and referrals to crime victim compensation 

programs that may have options available for emergency housing. Prosecutors should, in their 

discretion, consider using available resources to address victim security concerns, pursuant 

to existing rules and regulations governing such resources. See Article VI.B for a discussion 

regarding witness security and the federal witness security program.
50

Responsible officials shall take reasonable measures to address victims’ legitimate security 

concerns. Considerations set forth in Article II.B should inform whether protection measures 

are reasonable. Moreover, determining the nature and scope of such measures requires an 

evaluation of the threat level and identification of reasonable options to address that threat 

within available agency resources as well as the risk to the security of other individuals.

COMMENTARY

The right to reasonable protection does not guarantee victims physical protection. For 

example, neither the CVRA nor the VRRA requires the Department to provide victims with 

a security detail or bodyguards to ensure their physical security.

Department personnel should use their discretion and sound judgment when discussing 

possible threats and protective measures with victims. Trained personnel should make victims 

aware of the resources that may be available to promote their security. As with other rights 

and services, victims may choose to accept or decline any option or options offered by the 

Department. See Art. II.C. 

Prosecutors are expected to coordinate with designated responsible officials from investigative 

components to develop collaborative procedures to address the security concerns of victims 

in their districts. Department personnel should immediately report articulable concerns 

about victim safety and reports of threats to the lead case agent.

COMMENTARY

Investigations may involve multiple law enforcement agencies with differing investigative 

authorities and resources. In multi-agency investigations, the responsible officials of the 

agencies should coordinate to ensure that victims receive reasonable protection from a 

suspected offender or persons acting in concert with or at the behest of the suspected 

offender. See Art. V.C.

G. General Information

After the investigative agency opens a case, a responsible official should provide victims with 

the following general information as needed:

1. Information About VNS: Victims should be informed that they generally will receive 

notification of case developments through VNS. In some circumstances, however, 

either alternative or additional means of victim notification may be necessary or 

appropriate. Victims may decide at any time to opt out of receiving VNS or other types 

of notifications. Department personnel may direct victims to websites, or provide 

brochures, to provide additional information about VNS.

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA
51

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

2. Logistical Information: Victims should be informed of available assistance with respect 

to transportation, parking, childcare, translator services, and other investigationrelated services. Once the prosecution agency files charges, the responsible official 

of the prosecution agency is responsible for informing and assisting victims with 

such information in connection with prosecution-related services. Even before the 

prosecution files charges, the responsible prosecution official should assist victims 

with logistical information in connection with pre-charging court proceedings 

such as grand jury appearances. The responsible official of the Parole Commission 

is responsible for informing and assisting victims with similar services in connection 

with parole hearings.

3. Department Personnel Who Are Victims of Crime: The responsible officials of each 

agency should inform Department personnel that they can access an Employee 

Assistance Program as well as generally available victim assistance programs. 

Responsible officials should assist personnel in accessing appropriate victim services.

4. Information About the Criminal Justice System: During all stages of the process, a 

responsible official should provide statutory victims with general information about 

the criminal justice process, specifically including:

a. Role: The role of the victim, prosecutor, defense attorney, defendant, court, 

and other participants in the criminal justice process and what the victim 

can expect, including what requests may be made of the victim during the 

criminal justice process.

b. Stages: The stages in the criminal justice process that are significant to a 

crime victim and the manner in which information about such stages can be 

obtained.

See 18 U.S.C. § 1512 note (Federal Guidelines for Treatment of Crime Victims and 

Witnesses in the Criminal Justice System); cf. Pub. L. No. 97-291, § 6(a)(1)(C), (D).

5. Custodial Release Eligibility Information: A responsible official of the custodial agency 

shall provide the victim with general information regarding the corrections process, 

including information about work release, furlough, probation, and eligibility for 

each. See 34 U.S.C. § 20141(c)(8).

H. Services Referrals

At the earliest opportunity after detection of a crime at which it may be done without 

interfering with an investigation, a responsible official shall provide identified victims with 

information about services available to them. See 34 U.S.C. § 20141(b)(2). The information 

shall include the name, title, business address, and telephone number of the responsible 

official to whom services requests should be addressed (see 34 U.S.C. § 20141(b)(3)), and the 

types of services available, including, as appropriate:

1. The place where the victim may receive emergency medical or social services. See

34 U.S.C. § 20141(c)(1)(A).

2. The availability of any restitution or other relief (including crime victim 

compensation programs) to which the victim may be entitled under this or any 

other applicable law and the manner in which such relief may be obtained. See 34 

U.S.C. § 20141(c)(1)(B).
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ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

3. Public and private programs that are available to provide counseling, treatment, 

and other support to the victim. See 34 U.S.C. § 20141(c)(1)(C).

The responsibility for providing a victim with referrals for services during the investigation lies 

with the responsible official for the investigative agency. Once an investigation has transferred 

to the prosecutorial entity or charges are filed, responsible officials from the prosecutorial 

entity are responsible for ensuring referrals for services are made as appropriate. If a victim 

has already received referrals for services from the investigative agency, the prosecutorial 

entity and investigative agency shall employ their best efforts to coordinate any existing and 

new referrals to ensure consistency, avoid duplication of services, and meet the best interests 

of the victim and the case.

Under the CVRA, the prosecutor shall advise the crime victim that the crime victim can seek 

the advice of an attorney with respect to their CVRA rights. See Art. V.B.2; 18 U.S.C. § 3771(c)(2). 

In accordance with the VRRA (see 34 U.S.C. § 20141(c)), Department personnel are encouraged 

to provide victims with general information on how to seek legal representation through nonprofit organizations, legal aid organizations, state bar associations, and law-school affiliated 

clinics. Such general information must be provided in a manner consistent with the Standards 

of Ethical Conduct for Employees of the Executive Branch. See 5 C.F.R. § 2635. Department 

personnel should consult with their ethics officials for additional guidance.

I. Notice of Case Events

1. During the Investigation

During the investigation of a crime, unless prohibited by a specific statute, regulation, 

or Department policy, a responsible official for the investigative agency shall use their 

best efforts to provide persons meeting the VRRA victim definition (see Art. III.B (VRRA 

Definition)) with the earliest possible notice concerning: 

a. The status of the investigation of the crime, to the extent that it is appropriate 

and feasible to inform the victim and to the extent that it will not interfere 

with the investigation. See 34 U.S.C. § 20141(c)(3)(A).

b. The arrest of a suspected offender to the extent that it is appropriate and 

feasible to inform the victim and to the extent that it will not interfere with 

the investigation. See 34 U.S.C. § 20141(c)(3)(B).

COMMENTARY

Prosecutors and investigators often work collaboratively prior to formal charges being 

filed. If providing notice of a declination, where appropriate and if resources permit, 

prosecutors and investigators should coordinate and collaborate to the extent that it is 

practicable and will not interfere with the investigation, in an effort to facilitate the victim’s 

understanding of the declination. In those instances, a determination of the appropriate 

responsible official (prosecutor’s office and/or investigative agency) to provide such notice 

may vary depending on the circumstances and context of the particular situation. See 

also Justice Manual 9-27.240 (Initiating and Declining Charges – Prosecution in Another 

Jurisdiction).
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ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

2. During the Prosecution

Responsible officials from the prosecutor’s office shall provide notice of court-related 

case events to victims meeting the VRRA victim definition to the extent that it is 

appropriate and feasible to inform the victim and to the extent that it will not interfere 

with the investigation. See Art. III.B (VRRA Definition). Responsible officials from the 

prosecutor’s office shall provide the following notices unless prohibited by specific 

statute, regulation, or Department policy:

a. The filing of charges against a suspected offender. See 34 U.S.C. § 20141(c)(3)

(C).

b. The release or detention status of an offender or suspected offender. See 34 

U.S.C. § 20141(c)(3)(E).

c. The “scheduling of each court proceeding that the witness is either required 

to attend or . . . is entitled to attend.” See 34 U.S.C. § 20141(c)(3)(D).

d. The acceptance of a plea of guilty or nolo contendere or the rendering of a 

verdict after trial. See 34 U.S.C. § 20141(c)(3)(F).

e. If the offender is convicted, the sentence including the date on which the 

offender will be eligible for parole, if any. See 34 U.S.C. § 20141(c)(3)(G).

COMMENTARY

Persons meeting the VRRA victim definition receiving investigative notices should 

continue to receive prosecution notification either through VNS or other means if VNS 

is not used. See generally Art. V.D.1 (CVRA Right Two; discussing VNS coverage). Notices 

should explain that only victims meeting the CVRA crime victim definition will be able to 

assert CVRA rights.

3. During the Corrections Process

a. Custodial Release Notification

i. After trial, a responsible official from the BOP shall provide a crime 

victim as defined under the VRRA (see Art. III.B) the earliest possible 

notice of:

•	 The escape, work release, furlough, or any other form of 

release from custody of the offender. See 34 U.S.C. § 20141(c)

(5)(B).

•	 The death of the offender, if the offender dies while in custody. 

See 34 U.S.C. § 20141(c)(5)(C). 

ii. Inmate Victims

When the victim is an inmate, the responsible official may take into 

consideration, in determining when notice is provided, the security of 
54

the offender inmate. If there is a serious security risk in informing an 

inmate victim of an offender’s status, the corrections agency may time 

the notice to minimize that risk, even if the notification takes place 

after the event. This determination should be made on a case-by-case 

basis by the BOP responsible official and should not be interpreted to 

prevent an inmate victim from providing written input in any parole 

proceeding. The notice requirement in this guideline applies even 

in cases in which a Department component is holding a defendant 

(such as a deportable alien) after time served.

b. Offender Reentry

In anticipation of an offender’s release from custody, the BOP responsible 

official should take the following actions:

i. Victim Impact Statement: If the offender is subject to supervised 

release in a district other than the district in which the offender 

was sentenced, the responsible official should transmit the victim 

impact statement portion of the presentence investigation report to 

the United States Probation Office in the supervising district when 

the BOP responsible official submits a relocation request to the 

supervision district.

ii. Notification Contents: The responsible official should provide a victim 

with notice of the offender’s release date no later than 30 days prior 

to the offender’s release, unless impracticable because of unexpected 

action by a court or grant of executive clemency. The notice should also 

include the city and state in which the offender will be released and, 

if the offender is subject to supervised release, the supervising United 

States Probation Office contact information. This notice should also 

advise the victim to contact the supervising United States Probation 

Office if the victim receives any threatening communications from 

the offender. This renewed notification should not be shared with the 

offender or his counsel, except as otherwise required by law.

4. During the Parole Process

After conviction, the responsible official from the Parole Commission shall provide a 

crime victim as defined under the VRRA (see Art. III.B) with the earliest possible notice 

of the date on which an offender will be eligible for parole and the scheduling of a 

parole hearing, if any, for the offender. See 34 U.S.C. § 20141(c)(3)(G), (c)(5)(A).

The Parole Commission responsible official should notify identified victims in advance 

of an offender’s release to supervision.

When an offender violates the conditions of release and a revocation hearing is 

scheduled, the responsible official from the Parole Commission shall notify the victims 

of the crime for which parole was granted or supervised release was imposed of the 

date and time of the revocation proceeding. If the alleged violation is the commission 

of a new crime, whether or not the offender has been convicted of the crime, the 

Parole Commission responsible official should also notify the victims of the new crime.

ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA
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ARTICLE IV: MANDATORY SERVICES TO BE PROVIDED UNDER THE VRRA

5. Victim’s Age

Once a child victim reaches 18 years of age, the Department is obligated to provide 

that victim with notification in cases in which the crime occurred when the victim was 

a minor. It is also the victim’s option to determine who else may receive notification 

on their behalf. Department personnel should take care when initiating the direct 

notifications, being mindful of the impact on the victim. Department personnel are 

encouraged to develop specialized procedures to deal with these sensitive situations. 

In general, Department personnel are encouraged to contact a non-offending parent 

or guardian before the victim’s 18th birthday to determine whether the victim is 

aware of the crime and any special considerations that may be helpful in providing 

notification. The FBI has developed specialized victim notification procedures 

for cases involving child sexual abuse material (referred to in federal law as “child 

pornography”). Any Department personnel making notifications in such cases are 

encouraged to coordinate with the FBI.

J. Separate Waiting Area

During court proceedings, the responsible official shall ensure that a victim is provided with 

a waiting area removed from and out of the sight and hearing of the defendant and defense 

witnesses. See 34 U.S.C. § 20141(c)(4).

During parole hearings, the responsible official should coordinate with the USMS, BOP, or 

other entity responsible for the relevant facilities to ensure that a victim is provided with a 

waiting area that is removed from and out of the sight and hearing of the inmate and the 

inmate’s witnesses. See 34 U.S.C. § 20141(c)(4).

K. Return of Property

A responsible official from the investigative agency shall ensure that any property of a victim 

that is being held for evidentiary purposes is maintained in good condition and returned 

to the victim as soon as it is no longer needed for evidentiary purposes. See 34 U.S.C. § 

20141(c)(6). The responsible official from the investigative agency should also, where it 

does not interfere with the investigation, notify victims that the agency is holding property 

belonging to the victim. There may be circumstances, however, in which a victim’s property 

will inevitably deteriorate or will be damaged through its utilization in the law enforcement 

process. Responsible officials may consider advising victims of such circumstances when they 

arise. Contraband should not be returned to victims.

L. Employer/Debt Notification

Upon request by a victim, the responsible official should assist in notifying:

1. The employer of the victim or witness if cooperation in the investigation/

prosecution of the crime causes their absence from work.

2. The creditors of the victim or witness, when appropriate, if the crime or cooperation 

in the investigation/prosecution affects their ability to make timely payments.

Upon filing of charges by the prosecutor, this responsibility transfers to the responsible official 

of the prosecutor’s office. See 18 U.S.C. § 1512 note (Federal Guidelines for Treatment of Crime 

Victims and Witnesses in the Criminal Justice System).
56
57

ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

ARTICLE V

VICTIMS’ RIGHTS UNDER THE CVRA

A. Background

The CVRA affords victims in criminal cases ten rights that are enforceable in federal courts. The 

CVRA “rights” should be distinguished from crime victim “services” contained in VRRA, which 

mandates Department personnel provide certain services to crime victims starting from the 

initiation of an investigation. See Art. IV. There is some overlap between the rights and services. 

For example, “reasonable protection” is considered both a right and a service. Each statute, 

however, has its own definition of “crime victim.” See Article III for the definitions under each 

statute. Accordingly, there may be some victims who qualify to receive services, but who will 

not have court enforceable rights under the CVRA. This Article primarily addresses the victims’ 

rights provisions contained in the CVRA.

B. Responsibilities of Department Personnel

1. Best Efforts

Department personnel engaged in the detection, investigation, or prosecution of 

crime shall make their best efforts to see that crime victims (as defined in Article III.C) 

are accorded the rights provided in 18 U.S.C. § 3771(a). See 18 U.S.C. § 3771(c)(1). See 

Article III.C.4 for a further discussion of the timing and duration of these rights.

2. Advice of Attorney

The prosecutor shall advise the crime victim that the crime victim can seek the 

advice of an attorney with respect to the CVRA rights. See 18 U.S.C. § 3771(c)(2). The 

prosecutor should provide this information as early in the criminal justice process as 

is feasible and appropriate. See Art. II.H.2.a. and Art. IV.H.

3. Complaint Process and Sanctions

The Department established the Office of the Victims’ Rights Ombudsman (VRO), 

within the Executive Office for United States Attorneys, to receive and investigate 

administrative complaints filed by crime victims against Department employees, and 

has implemented procedures in compliance with the CVRA. See Procedures to Promote 

Compliance With Crime Victims’ Rights Obligations, 28 C.F.R. § 45.10(b). The complaint 

process is not designed for the correction of an individual victim’s rights violation, 

but instead is used to request corrective or disciplinary action against Department 

personnel who may have failed to provide crime victims with one or more of the 

CVRA rights. A crime victim may file an administrative complaint against Department 

personnel. All of the following offices have identified Victims’ Rights Points of Contact, 

who are responsible for reviewing and investigating victims’ complaints and reporting 

their findings to the VRO for final determination: United States Attorneys’ Offices, the 

Antitrust Division, ATF, BOP, Civil Division’s Office of Consumer Litigation, Civil Rights 

Division, Criminal Division, DEA, Environment and Natural Resources Division, FBI, 

National Security Division, Tax Division, Parole Commission, and the USMS. The VRO 

may recommend disciplinary sanctions for Department personnel who “wantonly or 

willfully” fail to provide CVRA rights. See 28 C.F.R. § 45.10(e).
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ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

C. CVRA Right One: Right to Reasonable Protection

A crime victim has the right to be reasonably protected from the accused. See 18 U.S.C. 

§ 3771(a)(1).

When a victim has been identified, the responsibility of arranging for reasonable victim 

protection remains with the responsible official of the investigative agency throughout the 

criminal justice process. Department personnel should consider victims’ legitimate security 

concerns at every point during the criminal justice process—to include the investigation, 

prosecution, incarceration, and post-incarceration supervision stages—and should coordinate 

with the responsible official of the investigative agency to promptly assess victim security 

concerns and take reasonable measures. 

Department prosecutors should seek reasonable legal protections for identified victims. 

These measures may include requests for detention or appropriate conditions of release such 

as stay-away/no-contact orders, heightened supervision, or drug and alcohol testing. When 

feasible, prosecutors should coordinate with victim assistance personnel when addressing 

victim security concerns, particularly regarding safety-planning, the provision of information 

about civil protective orders, and referrals to crime victim compensation programs that 

may have options available for emergency housing. Prosecutors should, in their discretion, 

consider using available resources to address victim security concerns, pursuant to existing 

rules and regulations governing such resources. See Article VI.B for a discussion regarding 

witness security and the federal witness security program.

Responsible officials shall take reasonable measures to address victims’ legitimate security 

concerns. Considerations set forth in Article II.B should inform whether protection measures 

are reasonable. Moreover, determining the nature and scope of such measures requires an 

evaluation of the threat level and identification of reasonable options to address that threat 

within available agency resources as well as the risk to the security of other individuals.

COMMENTARY

The right to reasonable protection does not guarantee victims physical protection. For 

example, neither the CVRA nor the VRRA requires the Department to provide victims with 

a security detail or bodyguards to ensure their physical security.

Department personnel should use their discretion and sound judgment when discussing 

possible threats and protective measures with victims. Trained personnel should make victims 

aware of the resources that may be available to promote their security. As with other rights 

and services, victims may choose to accept or decline any option or options offered by the 

Department. See Art. II.C.

Prosecutors are expected to coordinate with the designated responsible officials from 

investigative components to develop collaborative procedures to address the security 

concerns victims in their districts. Department personnel should immediately report articulable 

concerns about victim safety and reports of threats to the lead case agent.
59

ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

COMMENTARY

Investigations may involve multiple law enforcement agencies with differing investigative 

authorities and resources. In multi-agency investigations, the responsible officials of the 

agencies should coordinate to ensure that victims receive reasonable protection from a 

suspected offender or persons acting in concert with or at the behest of the suspected 

offender. See Art. IV.F.

D. CVRA Right Two: Right to Reasonable, Accurate, and Timely Notice

A crime victim has 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. See 18 U.S.C. § 3771(a)(2); see also Fed. R. Crim. P. 60(a)(1).

1. Automated Victim Notification System (VNS)

For components participating in VNS, victim contact information and notice to victims 

should be maintained and conducted using VNS. In some circumstances, however, 

either alternative or additional means of victim notification may be necessary or 

appropriate. For example, during terrorism investigations VNS is not used, and in 

some locations, like Indian country, victims may not have access to postal or internet 

service, thereby making VNS impractical.

Responsible officials with access to VNS should enter all necessary information 

into VNS and shall ensure that the information is complete and accurate before 

transferring notification responsibilities to the next responsible official. In cases 

where the identified victim is a child, the child’s date of birth should be entered into 

VNS. For specialized guidance on notifying child victims once they become adults, see 

Article IV.I.5. Responsible officials shall use their best efforts to provide all Department 

personnel with responsibilities related to VNS with adequate training on the proper 

use of VNS. See Article III.H for information about notifying victims located in foreign 

countries.

In the event of an emergency or other last-minute hearing or change in the time 

or date of a hearing, the responsible official should consider providing notice by 

telephone or expedited means.

2. Cases with Large Numbers of Victims

a. Individual Notice

According the right to notification in cases with a large number of victims 

can be challenging. When necessary, Department personnel may choose 

to provide notification solely through electronic means such as via the VNS 

website, email, and call center capabilities.

b. Publication or Proxy Notice

Where the number of victims is so large as to make individual notice to 

victims impractical, prosecutors should file a motion seeking the court’s 

permission for alternative notification under 18 U.S.C. § 3771(d)(2). Such 

alternative notification may include publication of notices through media 
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ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

outlets or on public websites, social media, or proxy notification to a person 

or entity that can disseminate notice to other victims, such as banks, internet 

service providers, community organizations, corporate entities, or counsel for 

a class of victims. Multiple forms of outreach may be appropriate in particular 

cases, and creativity is encouraged, with the goal of achieving actual notice 

to the greatest number of victims possible given the resources available. 

In every case, Department personnel should carefully evaluate the type of 

information relayed and the method of communication to minimize the 

risk that investigations are compromised and that victims’ privacy interests 

are inadvertently invaded. Consistent with Article V.C of these guidelines, 

Department personnel should also carefully evaluate whether any safeguards 

may be necessary to ensure the victim’s privacy in order to protect the victim 

from the accused when using publication or proxy notice. See 18 U.S.C. § 

3771(a)(1).

E. CVRA Right Three: Right Not to Be Excluded from Court

A crime victim has the right not to be excluded from any 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 that proceeding. See

18 U.S.C. § 3771(a)(3); see also Fed. R. Crim. P. 60(a)(2). Before making this determination, “the 

court shall make every effort to permit the fullest attendance possible by the victim and shall 

consider reasonable alternatives to the exclusion of the victim from the criminal proceeding.” 

See 18 U.S.C. § 3771(b)(1); see also Fed. R. Crim. P. 60(a)(2). The reason for any decision denying 

relief shall be clearly stated on the record. See 18 U.S.C. § 3771(b)(1); see also Fed. R. Crim. P. 

60(a)(2).

1. Victims Who Are Also Witnesses

The crime victim’s right not to be excluded provides statutory authorization for an 

exception to the Federal Rules of Evidence, which mandate that, upon request, the 

judge exclude witnesses from court so that they cannot hear the testimony of other 

witnesses. See Fed. R. Evid. 615(4).

If a victim is a witness, and there is a potential detrimental impact from the victim 

hearing other witnesses’ testimony, prosecutors should explain any potential 

detrimental impact so that the victim can make an informed decision whether to 

exercise this right. If the prosecutor believes that the victim’s testimony would be 

materially altered if the victim heard other testimony at the proceeding, the prosecutor 

should inform the victim of this potential divergence of interests and remind the 

victim that they can seek the advice of an attorney in connection with asserting their 

rights.

Where appropriate, prosecutors should also make courts aware of the provisions of 

18 U.S.C. § 3510, which prohibits a court from ordering a victim excluded from a trial 

based only on the victim’s exercise of their right to be heard during the sentencing 

hearing for both capital and non-capital cases.

2. Facilitating Attendance

The Department is not required to pay a victim’s expenses to attend court. Department 

personnel may, however, help victims to identify resources to assist them with the 
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ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

financial burden of court attendance. In addition, Department personnel are not 

required to transport inmate victims to court for hearings. The travel expenses of 

victims who are also witnesses, however, should be handled in accordance with 

Department policy for witness expenses.

3. Nonpublic Proceedings

Victims do not have rights to notice of, or to attend or participate in, closed official 

proceedings. See 18 U.S.C. § 3771(a)(2)-(3). The government attorney may neither 

move for nor consent to the closure of a judicial proceeding that is ordinarily open 

to the public without the express prior authorization of the Deputy Attorney General, 

based upon a request processed through the Policy and Statutory Enforcement Unit 

of the Criminal Division’s Office of Enforcement Operations. See Policy With Regard 

to Open Judicial Proceedings, 28 C.F.R. § 50.9 (2010); Justice Manual 9-5.150. As an 

example of the type of ordinarily public proceeding falling in this category, closed 

proceedings will frequently be necessary when a guilty plea is entered by a cooperator 

whose safety or investigative usefulness might be compromised if information about 

the plea were made public. Deputy Attorney General approval to close a hearing 

is not required for traditionally nonpublic matters, such as grand jury and juvenile 

proceedings; to prevent psychological harm to a child witness (see 18 U.S.C. § 3509(d), 

(e); 28 C.F.R. §  50.9(e)(5)); and to protect national security information or classified 

documents. Victims do not have rights to notice of, or attendance or participation at, 

these closed hearings.

4. Cases with Large Numbers of Victims

In cases with a large number of victims, it may be impractical for each victim to 

attend personally all the proceedings they may wish to attend. In such circumstances, 

prosecutors should seek the court’s permission under 18 U.S.C. § 3771(d)(2) for 

procedures to accord this right to the greatest extent possible given the resources 

available. Options include the use of closed-circuit television, broadcast of proceedings 

over a conference call or website, or a lottery and schedule for attendance. If the 

court changes the trial venue, prosecutors should be aware of the provisions of 34 

U.S.C. §  20142, which mandates the court to order closed-circuit televising of the 

proceedings to the original location to permit victims to watch the trial proceedings.

F. CVRA Right Four: Right to Be Reasonably Heard

A crime victim has the right to be reasonably heard at any public proceeding in the district 

court involving release, plea, sentencing, or any parole proceeding. See 18 U.S.C. § 3771(a)(4); 

see also Fed. R. Crim. P. 60(a)(3).

If a victim (or a lawful representative appearing on behalf of the victim) is present at a covered 

proceeding and wishes to be heard, the government attorney or prosecutor should advise 

the court of this fact at an appropriate point in the proceeding. If the prosecutor is aware that 

a victim or victims will seek to be heard at an upcoming proceeding that involves release, 

plea, sentencing, or parole, the prosecutor should provide the court with advance notice in 

accordance with any local rules of procedure or practice.

If the government is seeking the death penalty, and files the proper notice, the responsible 

official should notify the victim and appropriate family members of their potential opportunity 

to address the court during the aggravation portion of the sentencing hearing and of the 

date, time, and place of the scheduled hearing. See 18 U.S.C. § 3593(a).
62

In cases with a large number of victims, it may be impractical for each victim to speak at each 

opportunity. In such circumstances, prosecutors should seek the court’s permission under 18 

U.S.C. § 3771(d)(2) for procedures to accord this right to the greatest extent possible given the 

resources available. Options may include allowing written submissions, limiting the length 

of oral presentation, or using a lottery or other method for selecting a limited number of oral 

statements.

When a defendant is convicted, Department personnel should inform the victims that they 

have a reasonable right to be heard at sentencing, which may be exercised by submitting a 

victim impact statement (VIS) in writing, orally, or possibly both. Department personnel should 

provide victims with information describing the VIS and assist victims with preparation of the 

VIS, as needed. Whenever feasible, prosecutors should connect victims with victim assistance 

personnel in order to help them through the VIS process. In consideration of victims’ dignity 

and privacy, victim impact statements should be safeguarded and not filed as part of the 

public record. Prosecutors should seek to include VIS in pre-sentence reports, file them under 

seal, or provide them to defense counsel pursuant to a protective order or nondisclosure 

agreement. If a VIS will be filed in the public record, Department personnel should redact PII 

before filing. See Art. II.D.1 (Privacy Considerations for Victims and Witnesses). Department 

personnel should also inform the probation officer about any information in the VIS that 

concerns the appropriate amount of restitution, if any. 

For a discussion on potential opportunities for individuals who do not fall under a statutory 

definition of crime victim to be heard or otherwise participate in public court proceedings, 

see Article III.E. (Other Persons or Entities Substantially Harmed by a Crime). 

G. CVRA Right Five: Reasonable Right to Confer with the Prosecutor

A crime victim has the reasonable right to confer with the attorney for the government in the 

case. See 18 U.S.C. § 3771(a)(5). However, the victim’s right to confer shall not be construed to 

impair prosecutorial discretion. See 18 U.S.C. § 3771(d)(6).

1. General Principles

a. Prosecutors shall make their best efforts to confer with victims in advance 

of and about major case decisions, such as non-prosecution agreements, 

deferred prosecution agreements, pretrial diversion agreements, voluntary 

dismissals, agreements or recommendations in favor of release of the accused 

pending judicial proceedings (when such release is for non-investigative 

purposes), and plea agreements (pre- or post-charge). 

b. Such conferences should be conducted in coordination with the relevant 

investigative agency and be consistent with applicable rules governing 

criminal procedure and professional conduct. Ordinarily, prosecutors should 

use such conferences to obtain relevant information from the victim and 

convey appropriate, nonsensitive or public information to the victim. The 

conference provides victims the opportunity to express their views, keeping 

in mind that prosecution decisions are within the prosecutor’s discretion. 

Department personnel shall not provide legal advice to victims, either as part 

of these conferences or otherwise. 

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c. Unless authorized by court order, prosecutors shall not disclose PII, classified 

information, information that is reasonably likely to compromise investigative 

sources or methods,  proprietary information,  information under seal, or 

any information otherwise protected by law.  See Art. II.H (Professional 

Responsibility Considerations).

COMMENTARY

The reasonable right to confer does not obligate the prosecutor to confer with victims 

every time a term in a possible agreement with a defendant changes. The conference can 

take place in person, by telephone, email, or other means.

2. Timing and Scope

Prosecutors shall use their best efforts to confer with victims in advance of a major case 

decision. Prosecutors should seek to provide victims with a meaningful opportunity 

to offer their views before a decision or agreement is reached.

There may be limited instances where pre-decision consultation with victims may be 

unreasonable or need to be limited in scope. Prosecutors, in coordination with the 

relevant investigative agency, should consider the following factors in determining 

if the scope of the conference should be limited or whether the circumstances 

constitute one of the rare exceptions in which conducting the conference would be 

unreasonable:

a. The impact on public safety and risks to personal safety of victims, witnesses, 

and cooperators.

b. In cases with large numbers of victims, it may not be practical to consult 

with each victim on an individual basis. Prosecutors shall determine the best 

method to convey information to the victims and to address victim concerns 

as part of the investigation or case. See Art. III.K.

c. Time constraints imposed on the investigation or case, such as whether time 

is of the essence in negotiating or entering a proposed agreement.

d. The need for confidentiality regarding a case decision or agreement with a 

defendant.

e. The defendant’s right to a fair trial.

f. The potential impact on the integrity of the investigation or case. See Art. II.B 

(Protecting the Integrity of Investigations, Ensuring Security of Persons, and 

Providing for Prosecutorial Discretion).

g. Whether a conference or the disclosure of an imminent case decision may 

constitute material nonpublic information concerning a company, security, or 

investment that would negatively affect one or more victims or third-parties.
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H. CVRA Right Six: Right to Full and Timely Restitution as Provided in Law

A crime victim has the right to “full and timely restitution as provided in law.” See 18 U.S.C. 

§ 3771(a)(6). 

The Department is responsible not only for ensuring that those who commit crimes are 

prosecuted to the fullest extent of the law but also for achieving justice for victims. Crimes 

can have a devastating financial effect on victims. Congress has recognized and reaffirmed 

the paramount importance of victim restitution in the federal criminal justice system, and 

restitution for crime victims is an enduring priority of the Department and its components. 

Department personnel’s obligation to consider restitution begins before charging a case and 

continues until victims have been paid in full or the liability to pay terminates.

Restitution is mandatory—regardless of the defendant’s ability to pay—for most federal crimes, 

when the statutory criteria are met. See, e.g., 18 U.S.C. § 1593 (restitution for human trafficking 

victims); 18 U.S.C. §§ 2259 and 2429 (restitution for victims of child sexual exploitation); and 

18 U.S.C. § 3663A (restitution for crimes of violence, property offenses, and fraud). Even when 

restitution is not mandatory, the sentencing court may require restitution in accordance with 

a plea agreement (see 18 U.S.C. § 3663A(a)(3)), or pursuant to the court’s discretion (see 18 

U.S.C. § 3663). The court may also require restitution as a condition of probation or supervised 

release. See 18 U.S.C. § 3563(b)(2); 18 U.S.C. § 3583(d).

Restitution to victims is a critical element of a successful prosecution. Department investigators, 

prosecutors, attorneys, victim-witness personnel, and financial litigation and asset forfeiture 

personnel all share an important role in ensuring that victims receive full and timely restitution. 

Department personnel working at each stage of a criminal case—investigating, charging, 

negotiating plea agreements, advocating for appropriate sentences, and enforcing criminal 

judgments—must give careful consideration to the need to provide full and timely restitution 

to the victims of the offenses and should work together to ensure that restitution is ordered 

and paid. 

The responsibility to consider restitution for crime victims begins before charging. To that 

end, litigating components should have policies and procedures in place to ensure that 

prosecutors coordinate early in the investigation with financial litigation and asset forfeiture 

attorneys regarding asset investigations, collection of criminal monetary penalties, and other 

issues relating to restitution. See Justice Manual 9-143.2705. Indeed, the best time to recover 

assets is as early as possible—ideally at the very beginning of the investigation—before a 

defendant has an opportunity to dissipate their assets. The Department has at its disposal 

a broad array of statutory provisions and available strategies to maximize recovery from 

criminal defendants to provide restitution for victims as well as to assure that ill-gotten gains 

are seized, restrained, or forfeited and later restored to victims of crime where authorized 

under federal law. See Attorney General’s Guidelines on the Asset Forfeiture Program (July 2018), 

section II.

1. Focus on Restitution Early in the Investigation and Throughout the Case

Actions taken at each stage of a case—from investigation, to charging, plea 

negotiations, and sentencing—all affect whether victims will receive full and timely 

restitution.

a. Investigation

Investigators should, to the extent reasonably practicable, identify victims 

and gather information on the extent of victims’ losses, the nexus between 

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those losses and the defendant’s criminal conduct, and whether any assets 

exist that might be recovered, frozen, forfeited, or otherwise used to pay 

restitution.

b. Charging

The amount of restitution that a court may order is affected by the crimes 

charged because restitution is generally only legally required for victims of the 

conduct of conviction. When exercising their discretion to include or exclude 

charges in an indictment, prosecutors should give due consideration to the 

need to provide full restitution to the victims of federal criminal offenses. See 

also Art. III.C.4 & commentary. 

COMMENTARY

Restitution can only be imposed as authorized by statute. Accordingly, charging 

decisions can have an effect on which victims are entitled to restitution as well as the 

amount of restitution that a court can impose. For most offenses, restitution will be 

imposed pursuant to the general restitution statute enacted by the Mandatory Victims 

Restitution Act of 1996, which requires the court to order restitution to each victim in the 

full amount of each victim’s losses. See 18 U.S.C. § 3664(f)(1)(A). For purposes of the MVRA, 

restitution for a victim’s losses refers to “actual” losses or what might be considered “outof-pocket” expenses. See 18 U.S.C. § 3663A(b). Other restitution statutes, however, define 

losses differently. Human trafficking victims are entitled to restitution not only for actual 

losses but also for the defendant’s gains. See 18 U.S.C. § 1593(b)(3). As another example, 

under the MVRA, in order for a victim to recover psychological counseling expenses the 

victim must also have suffered some type of bodily injury (see 18 U.S.C. § 3663A(b)(2)(A)), 

whereas under 18 U.S.C. § 2259 (sexual exploitation of children offenses), no such bodily 

injury is required in order to receive restitution for counseling expenses (see 18 U.S.C. § 

2259(c)(2)(A)). Prosecutors should consider these nuances in the restitution statutes when 

determining the appropriate charges to file. 

c. Prejudgment Restraint of Assets

Defendants may dissipate or hide their ill-gotten gains as time passes. 

Prosecutors, during investigations, should consider freezing assets under 

18 U.S.C. § 1345, or where appropriate, seizing or restraining assets for 

criminal, civil judicial, or administrative forfeiture. In cases where defendants 

are cooperative, prosecutors may also ask defendants for voluntary, signed 

agreements not to dissipate assets.

d. Plea Discussions

In plea negotiations, prosecutors should be mindful that any agreement to 

drop charges may impact whether victims of the dismissed charges are eligible 

to receive restitution, unless restitution for dismissed charges is included in 

the plea agreement. See, e.g., 18 U.S.C. § 3663A(c)(2). Prosecutors should also 

consider “requesting that the defendant provide full restitution to all victims 

of all charges contained in the indictment or information, without regard to 
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the counts to which the defendant actually plead[s].” Justice Manual 9-16.320. 

When reasonably possible, plea agreements should identify victims’ losses for 

purposes of restitution. Prosecutors may also consider asking a defendant to 

pay restitution to victims of uncharged or relevant conduct. Plea agreements 

should require defendants to agree that any restitution imposed by the Court 

shall be due and payable immediately. In the event that the Court imposes a 

schedule for the payment of restitution, the defendant also should agree that 

such a schedule represents a minimum payment obligation and it does not 

preclude the government from pursuing any other means by which to satisfy 

the defendant’s full and immediately enforceable financial obligation under 

applicable federal and/or state law.

Defendants who have the ability to pay some or all of their restitution should 

be required as part of a plea to pay what they reasonably can by the date 

of sentencing. See generally 18 U.S.C. § 3572(d)(1). Under the Sentencing 

Guidelines, anticipatory payment of restitution is a factor in determining 

“acceptance of responsibility.” U.S.S.G. § 3E1.1, cmt n.1(c).

e. Presentence Investigation

Prosecutors and victim witness personnel should help assure that the 

probation office receives accurate information about victims’ names, 

addresses, and amounts subject to restitution. See 18 U.S.C. § 3664(d)

(1) (“[T]he attorney for the government, after consulting, to the extent 

practicable, with all identified victims, shall promptly provide the probation 

officer with a listing of the amounts subject to restitution.”). Additionally, if 

available, information should be provided to the probation office reflecting 

the defendant’s ability to pay. The presentence investigation report should 

contain, to the extent reasonably possible, accurate information about the 

defendant’s financial condition. Prosecutors and their staff should review the 

presentence investigation report for accuracy as to victim information and 

the defendant’s ability to pay, and appropriate objections should be raised in 

a timely fashion.

f. Addressing Restitution Issues Prior to and at Sentencing

Prosecutors and victim witness personnel should help ensure that the court 

has accurate information about victims’ names, addresses, loss amounts 

(inaccurate information may prevent the clerk of the court from disbursing 

restitution even when funds are available), and other information relevant 

to calculating restitution. Prosecutors should consider filing restitution 

pleadings, or including restitution calculations in sentencing memoranda, 

particularly in cases governed by mandatory restitution provisions. Federal 

law provides that “[i]f the victim’s losses are not ascertainable by the date 

that is 10 days prior to sentencing, the attorney for the Government or the 

probation officer shall so inform the court, and the court shall set a date for 

the final determination of the victim’s losses, not to exceed 90 days after 

sentencing.” See 18 U.S.C. § 3664(d)(5). In rare cases, restitution may not be 

ordered “if the court finds, from facts on the record, that – (A) the number 

of identifiable victims is so large as to make restitution impracticable; or (B) 

determining complex issues of fact related to the cause or amount of the 
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victim’s losses would complicate or prolong the sentencing process to a 

degree that the need to provide restitution to any victim is outweighed by the 

burden on the sentencing process.” See 18 U.S.C. § 3663A(c)(3). In such cases, 

where forfeited assets are involved, prosecutors should consult with the 

Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) 

to determine the most effective way of returning forfeited assets to victims. 

In cases with multiple defendants, the court should be asked to address joint 

and several liability. See 18 U.S.C. § 3664(h). Additionally, “[i]n any case in 

which the United States is a victim, the court shall ensure that all other victims 

receive full restitution before the United States receives any restitution.” See

18 U.S.C. § 3664(i).

Prosecutors should request that the court order restitution to be due and 

payable immediately. If the court determines that the interests of justice 

require a payment schedule be set, prosecutors should request that the order 

also include language stating that such a schedule represents a minimum 

payment obligation and it does not preclude the government from pursuing 

any other means by which to satisfy the defendant’s full and immediately 

enforceable financial obligation under applicable federal and/or state law. See

18 U.S.C. §§ 3613(f) and 3664(m)(1)(A).

g. Orders of Restitution

To assure that restitution issues are addressed fully and accurately, prosecutors 

should consider tendering a proposed order of restitution prior to sentencing 

or with sentencing memoranda. If not filed prior to sentencing, proposed 

restitution orders may be tendered to the court at the time of sentencing 

proceedings or subsequent restitution hearings. Any proposed order should 

identify all victims entitled to restitution; the amount of restitution for each 

victim; where appropriate, prioritization of payments among victims; methods 

and schedules for payment; and issues of joint and several liability.

h. Payment Plans

By law, if a restitution order “permits other than immediate payment, the 

length of time over which scheduled payments will be made shall be set by 

the court, but shall be the shortest time in which full payment can reasonably 

be made.” See 18 U.S.C. § 3572(d)(2). Payment plans should not be written or 

construed to prevent enforcement activity post judgment.

COMMENTARY

There are unique restitution issues in tax cases. When the United States seeks restitution in 

criminal tax cases, prosecutors should avoid compromising the Internal Revenue Service’s 

ability to collect the civil tax liability. In collecting restitution, prosecutors should be aware 

that there may be competing claims against the defendant’s assets, including pre-existing 

tax liens, which may impact the actual amount available for restitution. Prosecutors 

should consult additional resources and the Tax Division regarding restitution in criminal 

tax cases and cases where defendants have tax liens.
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2. Interplay Between Restitution and Asset Forfeiture

Forfeiture and restitution are both mandatory components of a sentence for most 

federal crimes. They are not mutually exclusive; indeed, the authorizing statutes have 

different purposes. Forfeiture punishes the wrongdoer, while restitution compensates 

the victim. Accordingly, courts routinely uphold sentences that require defendants to 

both forfeit property and pay restitution to victims. 

Whenever possible, prosecutors should use civil or criminal asset forfeiture to recover 

assets to return to victims of crime, as permitted by law. If a defendant has sufficient 

assets to pay the restitution order in a timely manner without using property 

forfeitable to the government, the defendant must use those assets (not the forfeitable 

property) to satisfy the restitution order. If a defendant does not have sufficient assets 

to pay the restitution order in a timely manner without using forfeitable property, the 

government may use the procedural provisions of the forfeiture statutes to preserve 

and recover forfeitable property and to apply such property to the victims of the 

crime underlying the forfeiture.

There are several methods by which the United States can use assets seized for 

forfeiture to compensate victims: (i) petitions for remission of forfeited funds; 

(ii) requests for restoration of forfeited funds; (iii) “hybrid” remission and restoration 

requests; and (iv) in limited circumstances, termination of forfeiture before entry of 

a final order of forfeiture. The first method—remission—is available in both criminal 

and civil cases. The other methods are intended for use in conjunction with, and to 

assist in the satisfaction of, a restitution order entered in a criminal case. 

a. Petition for Remission

Remission occurs when the Attorney General exercises discretion to transfer 

forfeited funds to qualified victims, owners, or lienholders of the crime 

underlying the forfeiture. For judicial forfeitures, this authority has been 

delegated to MLARS. Each individual victim can submit a Petition for Remission 

of judicially forfeited assets to the prosecuting office. The prosecuting office 

obtains a report and recommendation from the seizing agency and then 

forwards the petition to MLARS for a final determination. In administrative 

forfeiture, the authority to decide a petition for remission rests with the 

seizing agency. Whether a victim may receive remission is governed by the 

regulations at 28 C.F.R. Part 9. 

Remission is particularly useful when there are victims of offenses that 

underlie civil judicial and administrative forfeitures, but there is no companion 

criminal case or criminal proceedings terminated prior to conviction, and 

thus no order of restitution. This option is also useful where there is a criminal 

judgment and order of forfeiture, but the court has declined to issue an order 

of restitution; for example, where due to the complexity of the proceedings, 

entry of a restitution order in the criminal case would unduly prolong the 

underlying criminal proceedings. 
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b. Request for Restoration

The restoration policy is set forth in the Asset Forfeiture Policy Manual. That

policy allows the government to restore assets that have been forfeited

judicially or administratively to victims of the offense underlying the

forfeiture, who are named in a judicial restitution order. Restoration is based

on the losses recognized in a criminal restitution order, provided that all

victims named in the restitution order would otherwise qualify for remission

under the applicable regulations. The prosecuting office submits the request

for restoration to MLARS on behalf of victims by certifying that the victims

named in the court’s restitution order meet the criteria for restoration under

the policy. This option is useful when multiple victims have incurred pecuniary 

losses, when the interest of third-party claimants must be determined, if there 

are both judicially and administratively forfeited assets, or when the forfeiture 

involves property that would be best liquidated by using asset forfeiture

procedures.

c. Hybrid Process of Remission and Restoration

If a restitution order omits victims and cannot be corrected, a “hybrid”

remission and restoration process may be an efficient and just mechanism

for compensating the victims. As described in the Asset Forfeiture Policy

Manual, in certain cases, MLARS may determine that a hybrid request would

be appropriate in light of, among other things, the number of victims listed

in the existing restitution order, the number of victims omitted from the

restitution order, the reasons why victims were omitted from the restitution

order, and the amount of net proceeds available for distribution from the

forfeited assets. In those cases, MLARS may request that the prosecuting

office obtain remission petitions from the omitted victims, and MLARS will

process a restoration request together with petitions for remission.

d. Termination of Forfeiture Proceedings Before Entry of a Final Order of

Forfeiture

At the request of the United States, the district court may order, or the person

from whom funds were seized may agree, that funds seized but not finally

forfeited to the United States be paid to the clerk of the court toward the

satisfaction of the defendant’s restitution obligation. As set forth in the Asset

Forfeiture Policy Manual, (2021), Chap. 14, Sec. IIG, this option is appropriate

only in extremely limited circumstances and only if no final order of forfeiture

has been entered. This option could be considered, for example, where the

victims are entitled to restitution for non-pecuniary losses not compensable

under the remission regulations (e.g., physical or emotional injuries) and there 

are no third-party claimants.
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COMMENTARY

There are special considerations for victims of human trafficking cases. The Justice for 

Trafficking Act (JVTA) directs the Attorney General to pay victim restitution orders in cases 

where forfeiture occurs pursuant to 18 U.S.C. § 1594. See 18 U.S.C. § 1594(f)(1). Accordingly, 

MLARS processes transfer requests from prosecutors in accordance with this statutory 

language regardless of whether victims’ losses are considered “pecuniary” as defined by 

the relevant remission regulations. If no restitution order exists in cases where forfeiture 

occurs pursuant to § 1594, MLARS will consider petitions for remission that include a labor 

calculation as the victim’s pecuniary loss, along with any other losses permitted by 28 

C.F.R. Part 9.

3. Enforcement Post-Sentencing

After judgments are entered, Financial Litigation personnel should prioritize 

collection activity so that victims may receive full and timely restitution. Financial 

Litigation personnel should investigate defendants’ ability to pay, and should engage 

in vigorous enforcement methods, which may include filing liens, obtaining writs of 

execution or garnishment, or adding debtors to the Treasury Offset Program.

Victims shall receive timely notice of hearings involving enforcement activities. See 18 

U.S.C. § 3771(a)(2).

Prosecutors should be mindful that defendants who knowingly refuse to pay may be 

resentenced. See 18 U.S.C. § 3614(a).

I. CVRA Right Seven: Right to Proceedings Free from Unreasonable Delay

A crime victim has the right to proceedings free from unreasonable delay. See 18 U.S.C. 

§ 3771(a)(7).

Prosecutors should be reasonably available to consult with victims regarding significant 

adversities they may suffer as a result of delays in the prosecution of the case and should, at 

the appropriate time, inform the court of the reasonable concerns that have been conveyed 

to the prosecutor. Prosecutors should consider raising the victim’s right to proceedings free 

from unreasonable delay when discussing trial dates and responding to defense motions for 

continuances. Prosecutors should also consider any victim adversities that may result from 

prosecution requests for continuances and make reasonable efforts to mitigate the delay 

where possible and consistent with the best interests of the prosecution.

J. CVRA Right Eight: Right to Fairness and Respect for Dignity and Privacy

A crime victim has the right to be treated with fairness and with respect for the victim’s dignity 

and privacy. See 18 U.S.C. § 3771(a)(8). This broad-based right is central to the purpose of 

the CVRA and should serve as a guiding principle for Department personnel that governs all 

interactions with crime victims. A victim’s right to be treated with fairness and with respect 

for their dignity and privacy should be considered in conjunction with all of the other CVRA 

rights. Prosecutors shall continue to consider this right as the case progresses and rely on it to 

inform decisions made in connection with the provision of other CVRA rights. For example, if 
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a prosecutor is dealing with an issue related to the victim’s right to notice, the broader right to 

be treated with fairness and respect for dignity and privacy should inform their analysis and 

decision in connection with the more specific right.

Consistent with the purposes of 18 U.S.C. § 3771(a)(8), Department personnel engaged in 

the investigation or prosecution of a crime shall respect victims’ privacy and employ best 

efforts to protect victims’ PII and other sensitive information from unnecessary disclosure 

to the public. See Art. II.D.1. This includes PII and other sensitive information collected by 

Department personnel via compulsory means (e.g., grand jury subpoena) for the purpose of 

identifying a victim.

1. Presentation of Government’s Case

When responding to motions, arguments, and requests for continuances, Department 

personnel should consider a victim’s right to fairness and to not unreasonably delay 

the proceedings when developing and presenting the government’s position. To 

the extent possible, Department personnel should inform and prepare victims for 

what evidence or potential testimony will be presented as well as what evidence 

may be revealed in proceedings. Prosecutors should aim to present material at trial 

or in hearings in such a manner that balances the presumption of public access to 

the courts with a victim’s right to be treated with fairness and with respect for their 

dignity and privacy. Motions in limine, protective orders, and other means should be 

used to prevent unnecessary disclosure in open court of evidence affecting a victim’s 

dignity and privacy, unless disclosure is necessary for legitimate evidentiary purposes 

or to ensure compliance with court rules or rulings. Whenever possible, prosecutors 

should work closely with victim assistance personnel to help prepare victims for 

the presentation of difficult or sensitive information, which may include providing 

information to victim assistance personnel so they can appropriately support the 

victim.

For information about protecting victims’ PII and other sensitive information when 

making information available in open court or otherwise revealing information to the 

public at large, see Article II.D.3.

2. Press Releases, Media Inquiries, and Public Announcements

Press inquiries and other attention from the media often implicate victim privacy 

concerns. Department personnel should make best efforts to protect a victim’s 

privacy and dignity when drafting and issuing press releases, responding to media 

inquiries, or making public announcements. Department personnel should refrain 

from providing public statements that identify or otherwise allude to the identity of 

the victim unless warranted for public safety reasons or other appropriate concerns. 

Department personnel should avoid directly or inadvertently identifying the victim 

in press releases. This means Department personnel should not only exclude from 

press releases PII and other sensitive information about a victim, but should also 

exclude information that may inadvertently identify a victim, such as the defendant’s 

or victim’s affiliation with a tribe or group, residence in a community, relationship to 

the victim or victim’s family, or even the defendant’s name, where appropriate.

Department personnel should also avoid the inclusion of sensitive information 

regarding the victim and the victimization in press releases or public announcements. 
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For example, while particulars of victimization may be provided in court filings for 

legitimate purposes, descriptions of detailed sexual and physical violence need not be 

described to the same extent in a press release (absent a legitimate law enforcement 

concern such as a need to inform the public of a particular modus operandi). 

Department personnel drafting press releases and other public statements should 

also avoid using language intended to provide the public with information about the 

defendant’s motive, which may be perceived as “victim blaming” or damaging to the 

victim. 

In accordance with the Department’s obligations regarding reasonable protection, 

prosecutors should consider any security-related implications when releasing 

information to the public. See Arts. IV.F, V.C. Barring legitimate law enforcement 

considerations, and when feasible under the particular circumstances of the case, 

Department personnel should use their best efforts to attempt to inform victims in 

advance of or concurrent with any significant public announcements or statements 

by the Department concerning the investigation or prosecution of the case. 

Prosecutors should also consider the effect of the public release of information on an 

investigation, including whether the public release of the information could interfere 

with an investigation.

For information about protecting victims’ and witnesses’ PII and other sensitive 

information when drafting and issuing press releases, responding to media inquiries, 

or making public announcements, see Article II.D.3.

3. Victim Impact Statements

In order to protect the dignity and privacy interests of victims, Department personnel 

should exercise particular care to safeguard victim impact statements. To the extent 

appropriate and legally permissible, Department personnel should use redaction or 

other options to avoid public filing of PII and other sensitive information contained 

in those statements. If victims will be delivering an oral victim impact statement, 

Department personnel should discuss the public nature of court proceedings to make 

victims aware of the risks that may be involved in disclosing PII and other sensitive 

information. 

K. CVRA Right Nine: Right to Be Informed in a Timely Manner of Any Plea Bargain or 

Deferred Prosecution Agreement

A crime victim has the right to be informed in a timely manner of any plea bargain or deferred 

prosecution agreement. See 18 U.S.C. § 3771(a)(9). Prosecutors shall also make best efforts to 

notify identified victims in a timely manner of any non-prosecution agreement made with a 

defendant. 

Prosecutors shall provide victims with notice of such agreements (except for those entered 

into pursuant to a leniency agreement or nonpublic cooperation agreement) as soon as 

possible, and at least with sufficient time to enable victims to exercise any other applicable 

rights under the CVRA, including the right not to be excluded from public court proceedings 

and the right to be reasonably heard at any public hearing involving release, plea, sentencing, 

or parole. See Arts. V.E, V.F. 
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There may be limited instances in which circumstances do not permit notice as described 

above. For example, maintaining the integrity of an investigation; avoiding premature 

disclosure of material nonpublic information concerning a company, security, or investment; 

protecting the safety of a witness or cooperator; or compliance with statute, rule, or 

regulation prohibiting disclosure of information may require delaying notice. See also Art. II.B. 

In such exceptional circumstances, prosecutors shall inform victims of the non-prosecution 

agreement, deferred prosecution agreement, pretrial diversion agreement, or plea agreement 

as soon as practicable. Prosecutors shall reevaluate the conditions giving rise to the delay as 

necessary with the goal of informing victims of these agreements as soon as possible, and 

no later than when the agreement is made public, to enable victims to exercise applicable 

rights under the CVRA. This delayed notice may still be considered timely under the facts and 

circumstances of the individual case. 

When prosecutors enter into a pre-indictment non-prosecution agreement that provides 

for prosecution by a state, local, tribal, or foreign authority in lieu of a federal prosecution, 

prosecutors shall inform victims of such an agreement in a timely manner, along with the 

contact information of the applicable state, local, tribal, or foreign authority, unless such 

notice would interfere with the integrity of an investigation or prosecution. See also Art. II.B.

COMMENTARY

Prosecutors are reminded that the notification requirements regarding the agreements 

described above are in addition to, and not in lieu of, a crime victim’s right to reasonably 

confer with the prosecutor regarding such an agreement. Such a conference shall take 

place, except in limited instances, in advance of any such agreement being finalized. See

Art. V.G.

Prosecutors are further reminded of the obligation to provide notice to victims of the 

acceptance of a plea pursuant to 34 U.S.C. § 20141(c)(3)(F). See Art. IV.I. 

L. CVRA Right Ten: Right to Be Informed of Rights and Services

A crime victim has the right to be informed of the rights under this section and the services 

described in section 503(c) of the VRRA, 34 U.S.C. § 20141(c), and to be provided with contact 

information for the Office of the Victims’ Rights Ombudsman of the Department of Justice. See

18 U.S.C. § 3771(a)(10).

1. Crime Victims’ Rights Under the CVRA

Department personnel shall inform crime victims of the rights contained in the 

CVRA, 18 U.S.C. § 3771(a). Notice of CVRA rights should be provided through VNS, 

when available to the relevant component, unless an alternative means of notice is 

appropriate or necessary under the circumstances. See Art. V.D (Right to Reasonable, 

Accurate and Timely Notice).
74

2. VRRA Services

The VRRA requires Department personnel to provide crime victims with certain 

mandatory services, as outlined in 34 U.S.C. § 20141(c) and further discussed in Article 

IV. See also Appendix A. The services mandated by the VRRA generally begin upon 

the opening of a criminal investigation. See Arts. III.B.4, IV.C. However, a victim’s need 

for services may change during an investigation and prosecution. In accordance with 

the Department’s presumption in favor of providing assistance and services to crime 

victims (see Art. II.A), when practicable Department personnel are encouraged to 

periodically review, with crime victims, the mandatory services available to them. For 

further discussion of the services afforded to crime victims under the VRRA, and the 

corresponding responsibilities of Department personnel, see Article IV (Mandatory 

Services). 

3. Victims’ Rights Ombudsman

A federal crime victim may file a complaint against Department personnel alleging a 

violation of, or failure to provide, the rights established under the CVRA. See 18 U.S.C. 

§ 3771(f). The Office of the Victims’ Rights Ombudsman (Ombudsman) receives and 

investigates complaints filed by crime victims against Department personnel. For 

further discussion of the complaint process followed by the Department when victims 

file complaints with the Ombudsman, see Title 28 C.F.R. § 45.10. See also Art. V.B.3. 

Department personnel shall provide crime victims with the telephone number, email 

address, and public website for the Ombudsman. If practicable, this information 

should be provided as part of the initial written contact with victims. Department 

components should consider including information about the Ombudsman and a 

corresponding link to the Ombudsman website on their public internet sites.

M. In-Court Enforcement Mechanisms

Victims’ rights under the CVRA may be enforced by motions filed by the government or the 

victim. See 18 U.S.C. § 3771(d)(1); see also Fed. R. Crim. P. 60(b)(2). Department prosecutors 

are encouraged to assert victims’ rights when appropriate, taking into consideration the 

victim’s preferences and the interests of the United States. Prosecutors are urged to analyze 

any potential issues related to victims’ rights early in the case in order to be able to assert 

victims’ rights at the first opportunity. When filing a motion in court, prosecutors should give 

consideration to victim privacy and take steps to protect PII and other sensitive information 

from unnecessary disclosure. When a victim files a motion that the Department does not 

support or that the prosecutor believes is not legally warranted, the government may refrain 

from taking a position or oppose the motion. In such circumstances, and whenever prosecutors 

have questions about enforcement mechanisms, personnel in the United States Attorneys’ 

Offices are encouraged to consult with the Executive Office for United States Attorneys, and 

those in the litigating divisions are encouraged to consult with their responsible officials.

If the trial court denies a CVRA rights enforcement motion, the movant may petition the Court 

of Appeals for an expedited writ of mandamus that must issue within 72 hours. See 18 U.S.C. 

§  3771(d)(3). In addition, on direct appeal, the government may assert as error any denial 

of victims’ rights in the proceeding to which the appeal relates. See 18 U.S.C. § 3771(d)(4). A 

government attorney seeking to file a petition for a writ of mandamus or a direct appeal must 

obtain written authorization from the Solicitor General, in addition to the approvals required 

ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA
75

ARTICLE V: VICTIMS’ RIGHTS UNDER THE CVRA

by that attorney’s office or section. See 28 C.F.R. § 0.20(b). To facilitate the authorization process, 

the attorney must prepare a written recommendation as to why appeal or mandamus is 

warranted in the case and transmit that recommendation to the attorney’s appellate section 

for them to prepare their own recommendation for the Solicitor General. In cases involving 

appeals or mandamus requests from divisions other than the Criminal Division, the attorney 

or the division’s appellate section should consult with the Criminal Division’s Appellate 

Section. Because the authorization process will generally extend beyond the time period for 

filing a valid notice of appeal, the attorney should file a protective notice of appeal within the 

applicable time period even though it has not yet been authorized. If the Solicitor General 

declines to authorize an appeal, the attorney must then file a motion to voluntarily dismiss 

the appeal.
76
77

ARTICLE VI: WITNESSES

ARTICLE VI

WITNESSES

A. Victims’ Services and Rights Laws Do Not Cover Witnesses

A person who has information or evidence concerning a crime—and provides information 

regarding their knowledge to a law enforcement agency—is a witness. Witnesses who do not 

fit the CVRA definition of crime victim do not have enforceable victims’ rights, and the VRRA 

does not require Department personnel to provide witnesses with services. Department 

personnel should use reasonable efforts to do all that is possible within the limits of available 

resources, without infringing on the defendant’s constitutional rights, to assist witnesses to 

crime during their interaction with the criminal justice system.

B. Witness Security

Department personnel should take reasonable measures to address the security concerns 

of witnesses. Determining the nature and scope of such measures requires an evaluation 

of the threat level and identification of reasonable options to address that threat within 

available resources. Witnesses have the choice whether to accept the reasonable options the 

Department offers.

Department personnel should consider witness security concerns at every point during the 

criminal justice process, including during the investigation, prosecution, incarceration, and 

post-incarceration supervision stages. Department personnel should consult, collaborate, 

and coordinate with the responsible official of the investigative agency concerning witness 

security. 

Responsible officials from the investigation, prosecution, and corrections components, as well 

as the Parole Commission, must work together to promptly assess witness security concerns 

and take appropriate measures. For prosecutors, these measures may include requests 

for detention or appropriate conditions of release such as stay-away/no-contact orders, 

heightened supervision, or drug and alcohol testing. See Articles IV.F (Reasonable Protection) 

and V.C (Right to Reasonable Protection) for a discussion regarding victim security concerns. 

Prosecutors should, in their discretion, consider using available resources to address witness 

security concerns, pursuant to existing rules and regulations governing such resources. 

Department personnel must immediately report articulable witness concerns about safety 

and reports of threats to the lead case agent.

Department personnel should use their discretion and sound judgment when discussing 

possible threats and security measures with witnesses. During these conversations, 

Department personnel should be mindful of confidentiality and be careful not to reveal any 

information that would interfere with or compromise the integrity of an investigation or safety 

of any witness. See Art. II.B. Trained personnel should make witnesses aware of the resources 

that may be available to promote their safety.

Admission into the Federal Witness Security Program is an extreme measure that is only 

available to crucial witnesses in significant prosecutions who are in life-threatening danger. 

Admission to the Program must be sponsored by a prosecutor and the final determination 

of Program availability is made by designated officials in the Criminal Division’s Office of 

Enforcement Operations (OEO). Responsible officials in law enforcement agencies and 

prosecutor’s offices are not authorized to promise witnesses Program admission nor can 

witnesses rely on such promises absent approval by appropriate OEO officials.
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ARTICLE VI: WITNESSES

C. Logistical Assistance

Prosecution agencies are responsible for informing witnesses of available assistance for 

transportation, parking, childcare, translator services, and other logistical matters in connection 

with court appearances and witness conferences. The Parole Commission is responsible for 

informing and assisting witnesses with similar services in connection with parole hearings.

D. Notification of Offender Release

Department personnel may include witnesses in offender release notifications if the situation 

warrants.
79

ARTICLE I: GENERAL CONSIDERATIONS
80

ARTICLE VII: NONLITIGABILITY

ARTICLE VII

NONLITIGABILITY

The AG Guidelines are intended to provide internal Department guidance for the treatment of 

victims of and witnesses to crime, recognizing that the circumstances presented by each case 

cannot be adequately predicted in advance. Consequently, decisions regarding the treatment 

of victims of and witnesses to crime frequently will require assessments, evaluations, and the 

exercise of independent judgment in light of the circumstances presented. The AG Guidelines are 

not intended to, do not, and should not be relied upon to create any procedural or substantive 

rights or to establish procedural or substantive standards of conduct or care enforceable at law 

in any matter, civil or criminal. No limitations are hereby intended or placed on otherwise lawful 

prerogatives of the Department.
81
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APPENDIX A: VICTIMS’ RIGHTS AND RESTITUTION ACT (VRRA), 34 U.S.C. § 20141

APPENDIX A

VICTIMS’ RIGHTS AND RESTITUTION ACT (VRRA), 34 U.S.C. § 20141

34 U.S.C. § 20141

(a) Designation of responsible officials

 The head of each department and agency of the United States engaged in the detection, 

investigation, or prosecution of crime shall designate by names and office titles the 

persons who will be responsible for identifying the victims of crime and performing the 

services described in subsection (c) of this section at each stage of a criminal case.

(b) Identification of victims

 At the earliest opportunity after the detection of a crime at which it may be done without 

interfering with an investigation, a responsible official shall –

(1) identify the victim or victims of a crime;

(2) inform the victims of their right to receive, on request, the services described in 

subsection (c) of this section; and

(3) inform each victim of the name, title, and business address and telephone number 

of the responsible official to whom the victim should address a request for each of 

the services described in subsection (c) of this section.

(c) Description of services

(1) A responsible official shall –

A. inform a victim of the place where the victim may receive emergency 

medical and social services;

B. inform a victim of any restitution or other relief to which the victim may 

be entitled under this or any other law and manner in which such relief 

may be obtained;

C. inform a victim of public and private programs that are available to 

provide counseling, treatment, and other support to the victim; and

D. assist a victim in contacting the persons who are responsible for providing 

the services and relief described in subparagraphs (A), (B), and (C).

(2) A responsible official shall arrange for a victim to receive reasonable protection 

from a suspected offender and persons acting in concert with or at the behest of 

the suspected offender.

(3) During the investigation and prosecution of a crime, a responsible official shall 

provide a victim the earliest possible notice of –

A. the status of the investigation of the crime, to the extent it is appropriate 

to inform the victim and to the extent that it will not interfere with the 

investigation;

B. the arrest of a suspected offender;

C. the filing of charges against a suspected offender;

D. the scheduling of each court proceeding that the witness is either required 

to attend or, under section 10606(b)(4) of this title, is entitled to attend;

E. the release or detention status of an offender or suspected offender;

F. the acceptance of a plea of guilty or nolo contendere or the rendering of 

a verdict after trial; and

G. the sentence imposed on an offender, including the date on which the 

offender will be eligible for parole.
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APPENDIX A: VICTIMS’ RIGHTS AND RESTITUTION ACT (VRRA), 34 U.S.C. § 20141

(4) During court proceedings, a responsible official shall ensure that a victim is 

provided a waiting area removed from and out of the sight and hearing of the 

defendant and defense witnesses.

(5) After trial, a responsible official shall provide a victim the earliest possible notice of –

A. the scheduling of a parole hearing for the offender;

B. the escape, work release, furlough, or any other form of release from 

custody of the offender; and

C. the death of the offender, if the offender dies while in custody.

(6) At all times, a responsible official shall ensure that any property of a victim that 

is being held for evidentiary purposes be maintained in good condition and 

returned to the victim as soon as it is no longer needed for evidentiary purposes.

(7) The Attorney General or the head of another department or agency that conducts 

an investigation of a sexual assault shall pay, either directly or by reimbursement 

of payment by the victim, the cost of a physical examination of the victim which 

an investigating officer determines was necessary or useful for evidentiary 

purposes. The Attorney General shall provide for the payment of the cost of up 

to 2 anonymous and confidential tests of the victim for sexually transmitted 

diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 

months following sexual assaults that pose a risk of transmission, and the cost of 

a counseling session by a medically trained professional on the accuracy of such 

tests and the risk of transmission of sexually transmitted diseases to the victim as 

the result of the assault. A victim may waive anonymity and confidentiality of any 

tests paid for under this section.

(8) A responsible official shall provide the victim with general information regarding 

the corrections process, including information about work release, furlough, 

probation, and eligibility for each.

(d) No cause of action or defense

 This section does not create a cause of action or defense in favor of any person arising out 

of the failure of a responsible person to provide information as required by subsection (b) 

or (c) of this section.

(e) Definitions

 For the purposes of this section –

(1) the term “responsible official” means a person designated pursuant to subsection 

(a) of this section to perform the functions of a responsible official under that 

section; and

(2) the term “victim” means a person that has suffered direct physical, emotional, or 

pecuniary harm as a result of the commission of a crime, including –

A. in the case of a victim that is an institutional entity, an authorized 

representative of the entity; and

B. in the case of a victim who is under 18 years of age, incompetent, 

incapacitated, or deceased, one of the following (in order of preference):

(i) a spouse;

(ii) a legal guardian;

(iii) a parent;

(iv) a child;

(v) a sibling;

(vi) another family member; or

(vii)another person designated by the court.
84
85

APPENDIX B: CRIME VICTIMS’ RIGHTS ACT (CVRA), 18 U.S.C. § 3771

APPENDIX B

CRIME VICTIMS’ RIGHTS ACT (CVRA), 18 U.S.C. § 3771

18 U.S.C. § 3771

A. Rights of crime victims – A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) 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.

(3) 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 

that proceeding.

(4) The right to be reasonably heard at any public proceeding in the district court 

involving release, plea, sentencing, or any parole proceeding.

(5) The reasonable right to confer with the attorney for the Government in the case.

(6) The right to full and timely restitution as provided in law.

(7) The right to proceedings free from unreasonable delay.

(8) The right to be treated with fairness and with respect for the victim’s dignity and 

privacy.

(9) The right to be informed in a timely manner of any plea bargain or deferred 

prosecution agreement.

(10) The right to be informed of the rights under this section and the services 

described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (34 

U.S.C. § 10607(c) and provided contact information for the Office of the Victims’ 

Rights Ombudsman of the Department of Justice.

B. Rights afforded. –

(1) In general. – In any court proceeding involving an offense against a crime victim, 

the court shall ensure that the crime victim is afforded the rights described in 

subsection (a). Before making a determination described in subsection (a)(3), 

the court shall make every effort to permit the fullest attendance possible by the 

victim and shall consider reasonable alternatives to the exclusion of the victim 

from the criminal proceeding. The reasons for any decision denying relief under 

this chapter shall be clearly stated on the record.

(2) Habeas corpus proceedings. –

a. In general. – In a Federal habeas corpus proceeding arising out of a State 

conviction, the court shall ensure that a crime victim is afforded the rights 

described in paragraphs (3), (4), (7), and (8) of subsection (a).

b. Enforcement. –

i. In general. – These rights may be enforced by the crime victim or 

the crime victim’s lawful representative in the manner described in 

paragraphs (1) and (3) of subsection (d).

ii. Multiple victims. – In a case involving multiple victims, subsection (d)

(2) shall also apply.

c. Limitation. – This paragraph relates to the duties of a court in relation to the 

rights of a crime victim in Federal habeas corpus proceedings arising out of 

a State conviction, and does not give rise to any obligation or requirement 
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APPENDIX B: CRIME VICTIMS’ RIGHTS ACT (CVRA), 18 U.S.C. § 3771

applicable to personnel of any agency of the Executive Branch of the Federal 

Government.

d.

e. Definition. – For purposes of this paragraph, the term “crime victim” means the 

person against whom the State offense is committed or, if that person is killed 

or incapacitated, that person’s family member or other lawful representative.

C. Best efforts to accord rights –

(1) Government. – Officers and employees of the Department of Justice and other 

departments and agencies of the United States engaged in the detection, 

investigation, or prosecution of crime shall make their best efforts to see that 

crime victims are notified of, and accorded, the rights described in subsection (a).

(2) Advice of attorney. – The prosecutor shall advise the crime victim that the crime 

victim can seek the advice of an attorney with respect to the rights described in 

subsection (a).

(3) Notice. – Notice of release otherwise required pursuant to this chapter shall not 

be given if such notice may endanger the safety of any person.

D. Enforcement and limitations. –

(1) Rights. – The crime victim or the crime victim’s lawful representative, and the 

attorney for the Government may assert the rights described in subsection (a). A 

person accused of the crime may not obtain any form of relief under this chapter.

(2) Multiple crime victims. – In a case where the court finds that the number of 

crime victims makes it impracticable to accord all of the crime victims the rights 

described in subsection (a), the court shall fashion a reasonable procedure to give 

effect to this chapter that does not unduly complicate or prolong the proceedings.

(3) Motion for relief and writ of mandamus. – The rights described in subsection (a) 

shall be asserted in the district court in which a defendant is being prosecuted for 

the crime or, if no prosecution is underway, in the district court in the district in 

which the crime occurred. The district court shall take up and decide any motion 

asserting a victim’s right forthwith. If the district court denies the relief sought, 

the movant may petition the court of appeals for a writ of mandamus. The court 

of appeals may issue the writ on the order of a single judge pursuant to circuit 

rule or the Federal Rules of Appellate Procedure. The court of appeals shall take 

up and decide such application forthwith within 72 hours after the petition has 

been filed, unless the litigants, with the approval of the court, have stipulated to 

a different time period for consideration. In deciding such application, the court 

of appeals shall apply ordinary standards of appellate review. In no event shall 

proceedings be stayed or subject to a continuance of more than five days for 

purposes of enforcing this chapter. If the court of appeals denies the relief sought, 

the reasons for the denial shall be clearly stated on the record in a written opinion.

(4) Error. – In any appeal in a criminal case, the Government may assert as error the 

district court’s denial of any crime victim’s right in the proceeding to which the 

appeal relates.

(5) Limitation on relief. – In no case shall a failure to afford a right under this chapter 

provide grounds for a new trial. A victim may make a motion to re-open a plea or 

sentence only if –

a. the victim has asserted the right to be heard before or during the proceeding 

at issue and such right was denied;

b. the victim petitions the court of appeals for a writ of mandamus within 14 

days; and
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APPENDIX B: CRIME VICTIMS’ RIGHTS ACT (CVRA), 18 U.S.C. § 3771

c. in the case of a plea, the accused has not pled to the highest offense charged.

This paragraph does not affect the victim’s right to restitution as provided in title 

18, United States Code.

(6) No cause of action. – Nothing in this chapter shall be construed to authorize 

a cause of action for damages or to create, to enlarge, or to imply any duty or 

obligation to any victim or other person for the breach of which the United States 

or any of its officers or employees could be held liable in damages. Nothing in this 

chapter shall be construed to impair the prosecutorial discretion of the Attorney 

General or any officer under his direction.

E. Definitions. – For the purposes of this chapter:

(1) Court of Appeals: —the term “court of appeals” means—

a. the United States Court of Appeals for the judicial district in which a 

defendant is being prosecuted; or

b. for a prosecution in the Superior Court of the District of Columbia, the 

District of Columbia Court of Appeals.

(2) Crime Victim—

a. In general, the term “crime victim” means a person directly and proximately 

harmed as a result of the commission of a Federal offense or an offense in 

the District of Columbia. 

b. Minors and certain other victims.—In the case of a crime 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, family members, or any other persons appointed as suitable by the 

court, may assume the crime victim’s rights under this chapter, but in no 

event shall the defendant be named as such guardian or representative.

(3) District Court; court.—The terms “district court” and “court” include the Superior 

Court of the District of Columbia.

F. Procedures to promote compliance. –

(1) Regulations. – Not later than 1 year after the date of enactment of this chapter, the 

Attorney General of the United States shall promulgate regulations to enforce the 

rights of crime victims and to ensure compliance by responsible officials with the 

obligations described in law respecting crime victims.

(2) Contents. – The regulations promulgated under paragraph (1) shall –

a. designate an administrative authority within the Department of Justice to 

receive and investigate complaints relating to the provision or violation of the 

rights of a crime victim;

b. require a course of training for employees and offices of the Department of 

Justice that fail to comply with provisions of Federal law pertaining to the 

treatment of crime victims, and otherwise assist such employees and offices 

in responding more effectively to the needs of crime victims;

c. contain disciplinary sanctions, including suspension or termination from 

employment, for employees of the Department of Justice who willfully 

or wantonly fail to comply with provisions of Federal law pertaining to the 

treatment of crime victims; and

d. provide that the Attorney General, or the designee of the Attorney General, 

shall be the final arbiter of the complaint, and that there shall be no judicial 

review of the final decision of the Attorney General by a complainant.
Office for Victims of Crime 

Kristina Rose, Director 

The Office for Victims of Crime is committed to enhancing the Nation’s capacity to assist 

crime victims and to providing leadership in changing attitudes, policies, and practices to 

promote justice and healing for all victims of crime.

www.ovc.ojp.gov

The Office of Justice Programs is a federal agency that provides federal leadership,

grants, training, technical assistance, and other resources to improve the Nation’s capacity to 

prevent and reduce crime, assist victims, and enhance the rule of law by strengthening the 

criminal and juvenile justice systems. Its six program offices—the Bureau of Justice 

Assistance, the Bureau of Justice Statistics, the National Institute of Justice, the Office

for Victims of Crime, the Office of Juvenile Justice and Delinquency Prevention, and the Office 

of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and

Tracking—support state and local crime-fighting efforts, fund thousands of victim service 

programs, help communities manage sex offenders, address the needs of youth in the system 

and children in danger, and provide vital research and data. 

NCJ 305320

Office of the Victims’ Rights Ombuds 

It is the responsibility of the Victims’ Rights Ombuds to receive and investigate complaints 

against Department of Justice employees who violate or fail to provide one or more of the rights 

to which federal crime victims are entitled under the Crime Victims’ Rights Act (CVRA). 

A federal crime victim may file a CVRA complaint against a Department of Justice employee by 

using the CVRA complaint form found on the website https://www.justice.gov/usao/resources/

crime-victims-rights-ombudsman. 

Ellen M. FitzGerald 

Victims Rights Ombuds 

Executive Office for United States Attorneys 

Department of Justice

RFK Main Justice Building 

950 Pennsylvania Ave., N.W. 

Room 2261 

Washington, DC 20530

Toll-Free: (877) 574-9302 

Phone: (202) 252-1010 

Fax: (202) 252-1011 

Email: usaeo.VictimOmbudsman@usdoj.gov