New 

Directions 

from the 

Field:

Victims’ Rights and Services 

for the 21st Century

NCJ 170600

U.S. Department of Justice

Office of Justice Programs

Office for Victims of Crime
New Directions from the Field: 

Victims’ Rights and Services for the 21st Century

CONTENTS

Foreword ii

Executive Summary vii

Section I: New Directions in Victims’ Rights 1

Chapter 1: Victims’ Rights 3

Section II: New Directions for Criminal and Juvenile Justice 

System Agencies 45

Chapter 2: Law Enforcement 47

Chapter 3: Prosecution 73

Chapter 4: Judiciary 97

Chapter 5: Corrections 119

Section III: New Directions for Victim Asssistance and 

Allied Professions 147

Chapter 6: New Directions for the Victim Assistance Community 149

Chapter 7: The Health Care Community 199

Chapter 8: The Mental Health Community 219

Chapter 9: The Legal Community 249

Chapter 10: The Educational Community 263

Chapter 11: The Faith Community 283

Chapter 12: The Business Community 295

Chapter 13: The News Media Community 313

Section IV: New Directions in Financial Recovery 323

Chapter 14: Crime Victim Compensation 325

Chapter 15: Restitution 355

Chapter 16: Civil Remedies 373

Section V: New Directions for Child Victims 381

Chapter 17: Child Victims 383

Section VI: New Directions in International Victim Assistance 413

Chapter 18: International Perspectives in Victim Services 415

Conclusion 429

Appendix A: Contributors to New Directions A-1

Appendix B: Staff of New Directions B-1

i
Foreword

Fifteen years have passed since the chair of the 1982 President’s

Task Force on Victims of Crime called the neglect of crime victims in

the United States a national disgrace.Today, we can be proud that our

nation listened and responded to victims and their advocates.Victims’

rights laws have been enacted in every state, more than 10,000

victim assistance programs have been developed around the country,

and every state has established a crime victim compensation

program.The creation of a federal Crime Victims Fund, which was

first proposed by the task force, has provided more than $2.3 billion

from fines paid by federal criminal offenders to support many of

these lifeline services for victims.

But even today, too many victims and their families are not active

participants in the criminal or juvenile justice process. In the words of

President Clinton, they are still “on the outside looking in.”They are

denied meaningful participation in the justice system and services to

meet their most basic needs.Victims’ rights laws vary significantly from

state to state and often remain unenforced. For millions of victimized

Americans, the system still hurts more than it helps.

This document—New Directions from the Field:Victims’ Rights and

Services for the 21st Century—is a comprehensive report and set of

recommendations on victims’ rights and services from and concerning

virtually every community involved with crime victims across the

nation.The report is the result of more than three years’ work by more

than 1,000 individuals in different professions. It examines how

victims’ rights and services have been realized since the 1982 Final

Report of the President’s Task Force and recommends what we as a

society should strive to achieve for victims as we enter the 21st

century.While the recommendations may not reflect all of the individual contributors’ views, the contributors agree that all of the

recommendations are worthy of discussion and consideration.

The work of these individuals and the publication and dissemination of this material has been supported by the Office for Victims of

Crime (OVC) of the United States Department of Justice.The report

and recommendations represent views from the field, however, and do

not necessarily reflect the views of the Department of Justice.We are

grateful to the Department of Justice for providing resources so this

important document could be developed and made widely available.

ii

New Directions from the Field: Victims’ Rights and Services for the 21st Century
The Authors and Process

New Directions incorporates views from the field—including crime

victims,representatives from national victim advocacy and service

organizations, criminal justice practitioners, allied professionals, and

many others—who provided the background materials and recommendations contained in this action plan.That group includes 32 nationally

recognized experts who developed background papers on the areas

addressed in this report.The ideas and proposals in the background

papers were enhanced by the comments of nearly 100 expert reviewers. Many individuals from the criminal justice and victim service fields

provided substantive input into this document through expert

summits; public hearings; focus groups of representatives from the

judiciary, law enforcement, prosecution, and corrections, the faith

community, and the crime victim compensation field; and symposia on

hate and bias crimes, workplace violence, and the news media.

Additional input was obtained in 1997 from state administrators of

Victims of Crime Act (VOCA) assistance programs from all 50 states.

Further program information on “promising practices”was derived from

OVC grant projects in the areas of law enforcement, prosecution, corrections, probation and parole, victims of juvenile offenders, death notification,rural victims,technology, and victim involvement with community

service.In late 1997, meetings of leaders in the crime victims field were

held to review and finalize the recommendations. All who participated

in those meetings were impressed by the scope and innovation of the

collective work of the field that is presented in New Directions.

On behalf of all those committed to improvement of services to

crime victims, we express our deep appreciation to the Department of

Justice for its financial support of this effort.We are especially grateful

to Aileen Adams, who served as Director of OVC during the core 3

years of this project’s development. Her extraordinary leadership

ensured that this report truly reflects the diverse views from the field.

Moreover, her commitment to justice and healing served as a guiding

force to listen to the voices of crime victims across America as “new

directions” were identified.We also want to acknowledge current

Acting Director Reginald Robinson for his support in bringing New

Directions to publication and in ensuring that this report is widely

disseminated throughout the nation.

A project of this magnitude requires the hard work of many individuals. Ashley Oliver Barrett, Special Assistant to the Director, deserves

special distinction for her tireless efforts in every aspect of this remarkable endeavor, not the least of which was guiding this document through

final publication.We are also grateful for the outstanding work of former

OVC staff members Katia Garrett, who provided keen legal analysis and

insight into the many complicated issues addressed in this report, as well

iii

Foreword
iv

New Directions from the Field: Victims’ Rights and Services for the 21st Century

as Sharon English and Melanie Smith, for their efforts in laying the

foundation of New Directions. Many other OVC staff deserve special

thanks for the guidance and insight they provided along the way.

Christine Edmunds, who joins us in signing this foreword, also

should be recognized for her exceptional work over the past 3 years in

developing this report.As a consultant to OVC for New Directions, Ms.

Edmunds conducted extensive research to amplify sections of the

document, identified additional promising practices,shaped and

refined ideas and recommendations, and wove together the information obtained from the field to present in this report.

Finally, the essential contributions of crime victims themselves must

be acknowledged.Victims presented their views and priorities during

hearings and forums, as members of advisory boards on grants, in

focus groups, and as writers and researchers on this project.The

concerns and recommendations of hundreds of victims of all ages—

children, adults, and the elderly—have been invaluable in developing

and shaping this report.

The Challenge Ahead

New Directions is intended to foster a dialogue in which various

participants listen to differing views,refine the report’s recommendations, and develop a strategy for providing justice and comprehensive

services for all crime victims in the 21st century.We urge every

American who interacts with victims, from police officers to prosecutors, from judges to corrections officials, from members of the clergy to

business leaders, to join in this dialogue and implement the programs

and reforms that make sense for their own communities. During all

the years that we have worked with and on behalf of crime victims, we

have seen the doors of justice gradually open for some. It is our great

hope that this report and the dialogue it fosters will move our nation

closer to the day when the doors of justice open for all victims of

crime.With this wish, we sign this foreword on behalf of all those who

contributed to New Directions.
v

Foreword

David Beatty

Director of Public Policy

National Victim Center

Arlington,Virginia

Christine Edmunds

Criminal Justice and Victim

Services Consultant

Washington, D.C

.

Lucy Friedman

Executive Director

Victim Services

New York, New York

Susan Herman

Executive Director

National Victim Center

Arlington,Virginia

Ralph Hubbard

Outreach Coordinator

Parents of Murdered Children of New York State

New York, New York 

Janice Harris Lord

Consultant for Crime Victims Issues

Mothers Against Drunk Driving

Irving,Texas

Aurelia Sands Belle

Consultant for Crime Victim Issues 

Fayetteville, North Carolina

Brian Ogawa

Director

Crime Victims’ Institute

Office of the Attorney General

Austin,Texas

Anne Seymour

Public Safety Consultant

Washington, D.C.

John Stein

Deputy Director

National Organization for Victim Assistance

Washington, D.C.

Marlene Young

Executive Director

National Organization for Victim Assistance

Washington, D.C.
Executive Summary 

New Directions from the Field:Victims’ Rights and Services for the

21st Century challenges the nation to renew and refocus its efforts to

improve the treatment of victims of crime. It is the first comprehensive

plan regarding how the nation should respond to crime victims since

the 1982 President’s Task Force on Victims of Crime identified the

American justice system as “appallingly out of balance,” and made 68

recommendations for how rights and services for crime victims in this

nation could be substantially improved. New Directions highlights the

progress and the momentous changes that have taken place across our

nation’s justice systems and in the private sector since the release of the

1982 report. It identifies hundreds of innovative public policy initiatives

and community partnerships that are revolutionizing the treatment of

crime victims in America today, and it recommends improvements that

still need to be implemented on behalf of crime victims.

Today only a fraction of the nation’s estimated 38 million crime victims

receive much-needed services such as emergency financial assistance,

crisis and mental health counseling, shelter, and information and advocacy

within the criminal and juvenile justice systems.This report presents

more than 250 recommendations targeted to nearly every profession that

comes in contact with crime victims—from justice practitioners, to victim

service, health care, mental health, legal, educational, faith, news media,

and business communities—and encourages them to redouble their

efforts to enhance victims’ rights and services.

New Directions reflects views from a broad cross-section of the

criminal and juvenile justice,allied professional,and victim service fields.

Contributors to this report include crime victims themselves and representatives of the agencies and organizations that serve them.Hundreds of

individuals across the country proposed recommendations for this report

by participating in public hearings;submitting background papers on

diverse victims’issues;serving on working groups with representatives

from law enforcement,prosecution,and corrections agencies as well as the

judiciary;and participating in focus groups with allied professionals.All

who contributed to this report hope that it will serve as a catalyst to a

dynamic and far-reaching discussion about how our nation can improve its

response to victims of crime,and that it will precipitate practical steps

toward making the ideas presented in this report a reality.

New Directions was developed by the field, and its recommendations do not necessarily reflect the views of the Justice Department or

the Office for Victims of Crime. In addition, all of the recommendations

may not represent the views of every contributor, as over 1,000

individuals provided input into this document.

‘New Directions’ is an

important road map for

comprehensive and

consistent rights and

services for all victims of

crime in the 21st century.

Aileen Adams, 

former Director,

Office for Victims of Crime 

vii

Executive Summary
viii

New Directions from the Field: Victims’ Rights and Services for the 21st Century

Five Global Challenges from the Field

Summary of Recommendations

In the course of compiling the hundreds of recommendations

from the field and in listening to the voices of victims, their

advocates, and allied professionals who work with crime victims

throughout the nation, certain key recommendations emerged.

The following five global challenges for responding to victims of

crime in the 21st century form the core of the hundreds of ideas

and recommendations presented in this report.

• To enact and enforce consistent, fundamental rights for crime

victims in federal,state, juvenile, military, and tribal justice

systems, and administrative proceedings.

• To provide crime victims with access to comprehensive,

quality services regardless of the nature of their victimization,

age,race,religion, gender, ethnicity,sexual orientation, capability, or geographic location.

• To integrate crime victims’ issues into all levels of the nation’s

educational system to ensure that justice and allied professionals and other service providers receive comprehensive training

on victims’ issues as part of their academic education and

continuing training in the field.

• To support, improve, and replicate promising practices in

victims’rights and services built upon sound research,

advanced technology, and multidisciplinary partnerships.

• To ensure that the voices of crime victims play a central role in

the nation’s response to violence and those victimized by crime.

New Directions provides recommendations that point specifically

to the implementation of these five global challenges. Each

section and chapter is based upon papers submitted by leading

experts in the field as well as the input of victim advocates,

justice system and allied professionals, crime victims, and others

who participated in public hearings, working group meetings, and

those who provided individual comments and review as the

document progressed towards completion.
Organization of New Directions

As an update to the 1982 Final Report of the President’s Task Force

on Victims of Crime,New Directions follows the format established in

the original report in setting forth its recommendations. It begins with

a discussion of important public policy issues affecting crime victims,

and each section that follows discusses how individual justice agencies

and allied professionals can implement these, as well as other,

important initiatives.

Additional topics and issues have been added as a result of the

tremendous growth in the field and in response to new problems that

have emerged during the past 15 years. As in the original report, each

section of New Directions contains individual chapters designed to

serve as stand-alone documents that present recommendations for

specific issue areas or professions.

Section I

New Directions in Victims’ Rights

For many years, victims of crime were virtually invisible in the laws

and policies that govern our justice systems.To the extent victims of

crime had a role in the justice system, it was narrow; to the extent

victims had rights, they were few.

Section I,New Directions in Victims’ Rights, reviews the nation’s

progress over the past two decades toward establishing state and

federal rights for victims of crime, including a proposed federal constitutional amendment to guarantee those rights. It also presents

recommendations from the field for ensuring that victims’rights,

including fundamental rights for victims of juvenile offenders, are

expanded and enforced within the American justice system.

Tremendous strides have been made to enact victims’rights laws and

deliver services to victims in the United States.Few movements in the history

of this nation have achieved such success in igniting the kind of legislative

response that victim rights activists have fostered over the past two decades.

In the early 1980s,state laws addressing victims rights,services,and financial

reparations numbered in the hundreds.Today,there are more than 27,000

crime victim-related state statutes,29 state victims’rights constitutional

amendments,and basic rights and services for victims of federal crimes.

Nevertheless,serious deficiencies remain in the nation’s victims’

rights laws as well as their implementation. The rights of crime

victims vary significantly among states and at the federal level.

Frequently, victims’ rights are ignored. Even in states that have

enacted constitutional rights for victims, implementation is often

arbitrary and based on the individual practices and preferences of

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Executive Summary
criminal justice officials. Moreover, many states do not provide

comprehensive rights for victims of juvenile offenders. In tribal,

military, and administrative proceedings, the rights extended to

victims differ dramatically or do not exist at all. Many victims, including victims from diverse cultures and those with disabilities, are not

informed of their rights nor given the opportunity to participate in

criminal and juvenile justice proceedings.

In New Directions in Victims’ Rights, the field strongly

recommends that the enactment and vigorous enforcement of consistent, fundamental victims’ rights should be a priority for the 21st

century.The first recommendation from the field is for the passage of

a Federal Victims’ Rights Constitutional Amendment to establish a

basic level of rights for crime victims in every state.These include

the following fundamental rights:

• To notice of public court proceedings and to attend them.

• To make a statement to the court about bail,sentencing, and accepting a plea.

• To notice of parole hearings and to attend them and speak.

• To notice of a defendant or convict’s escape or release.

• To an order of restitution from the convicted offender.

• To a final disposition of the proceedings relating to the crime free

from unreasonable delay.

• To consideration for the safety of the victim in determining a

defendant’s release from custody.

• To notice of these rights.

• To standing to enforce these rights.

The report strongly recommends that these fundamental rights

should be established and enforced not only in the criminal justice

system, but also for victims in all juvenile justice, military, tribal, and

administrative proceedings.As a first step toward this goal,New

Directions recommends that the federal government,states and tribes

review their victims’rights laws to determine if these fundamental

rights are extended to all crime victims.

This report also reflects the view of the field that states and the

federal government should address the lack of implementation of many

victims’rights laws by establishing effective enforcement mechanisms

for victims, including victims’rights compliance programs. It

recommends that audits of local,state and federal compliance with

victims’rights laws be conducted frequently by justice agencies and

independent auditors to determine the reasons for noncompliance and

how enforcement of victims’rights can be improved.

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New Directions from the Field: Victims’ Rights and Services for the 21st Century
Finally, a system of comprehensive services requires dedicated

resources.A major step toward that goal was the enactment of the 1984

Victims of Crime Act,which established a creative federal funding

mechanism that relies on the collection of fines and penalties from

convicted federal offenders rather than federal tax-based appropriations.

That amount varies,however, and may not be enough to ensure consistent

and comprehensive implementation of victims’rights laws and needed

services.Many criminal justice officials and victim advocates continue to

assert that there is a lack of comprehensive services in every community

for victims of crime resulting in part from inadequate funding.New and

creative sources of funding must be identified to ensure the implementation of rights and quality services for all crime victims.

Section II

New Directions for Criminal and Juvenile 

Justice System Agencies

When a person is harmed by a criminal act,the agencies that make up

our criminal and juvenile justice systems have a moral and legal obligation to respond.It is their responsibility not only to seek swift justice for

victims, but to ease their suffering in a time of great need. Section II,

New Directions for Criminal and Juvenile Justice System Agencies,

discusses the critical role that each agency within the justice system—

law enforcement, prosecution, judiciary, and corrections—must play in

implementing and enforcing victims’rights and in improving the overall

treatment of crime victims within our nation’s justice systems.

Chapter Two,New Directions for Law Enforcement, addresses law

enforcement’s role as the frontline of victim assistance.As the first

responders to reported crimes, law enforcement agencies must ensure

that victims are treated with sensitivity and provided with essential

information and emergency assistance.This chapter addresses innovations including law enforcement-based victim assistance units; on-scene

crisis units where specially trained counselors and law enforcement

officers respond together to victims; and multidisciplinary programs

that have been launched in hundreds of law enforcement agencies

across the nation to respond to the needs of child, elderly, domestic

violence and sexual assault victims. A number of recommendations for

the law enforcement community are advanced by the field. For

example, law enforcement agencies should adopt community policing

philosophies that are both victim and crime prevention oriented.The

field also recommends that law enforcement agencies establish policies

and procedures for the provision of legally mandated victims’rights and

services such as notifying victims of the status of an investigation,

arrests, and pretrial release of suspects in their custody. In addition,

compliance with victims’rights policies and procedures should be

included as a standard in officers’ performance appraisals.

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Executive Summary
Chapter Three,New Directions for Prosecution, addresses our

nation’s prosecutors.Today, prosecutors are recognizing that to most

effectively prosecute a case, the victim must be part of the process.

The chapter highlights programs such as special prosecution units for

child abuse,sexual assault, and domestic violence; victim/witness

assistance programs that provide comprehensive information, notification, advocacy, and support to crime victims; and community prosecution initiatives.This chapter also contains several recommendations

that specifically address the prosecutor’s role in informing, consulting

with, and notifying crime victims. For example, because the

overwhelming majority of felony cases are resolved through plea

agreements, the field recommends that prosecutors consult with

victims on the terms of any negotiated plea.The field also recommends

that prosecutors confer with victims of violent crimes before declining

to file charges. Other recommendations for prosecutors include the

need to notify victims in a timely manner of public court proceedings

and to advocate for their rights to be heard regarding bail decisions,

continuances,sentencing, and restitution.The field also recommends

that prosecutors and leaders of victims’ organizations develop

protocols for ensuring appropriate notification and consultation in

cases involving large numbers of crime victims.

Chapter Four,New Directions for the Judiciary, addresses the

pivotal role that judges play in the justice process. The judiciary has

initiated many victim-sensitive problem-solving efforts such as specialized drug courts; domestic violence courts; community courts that

handle “quality of life” misdemeanor crimes; unified family courts that

handle all problems relating to the family including criminal, civil, and

juvenile matters; and courts designed specifically for child victims. The

report recommends that as leaders within the justice system, judges

should ensure that victims’rights laws are fully implemented.New

Directions recommends that judges should advise victims of their

rights as routinely as they advise defendants of their rights and should

facilitate the input of crime victims regarding proposed plea

agreements. In addition, judges should permit the victim to present a

victim impact statement before imposing a sentence, and courts should

utilize communications technology (audio/video) to facilitate victim

communication. The field also recommends that judges manage their

cases and calendars to make victim involvement as feasible as possible,

and that they order full restitution from offenders to help compensate

victims for the harm they have suffered.

The last chapter in this section,New Directions for Corrections,

encompasses the adult and juvenile justice agencies responsible for the

incarceration, detention,supervision, and surveillance of those accused

or convicted of committing crimes. Over the past decade,the basic

philosophy of correctional agencies has undergone radical change.

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New Directions from the Field: Victims’ Rights and Services for the 21st Century
Traditionally, correctional agencies viewed their role as limited to

punishing and rehabilitating offenders.Today,serving crime victims is

also widely accepted as an important part of the mission of many

correctional agencies. This new role is reflected in their governing laws

and internal policies and procedures, as well as in the attitudes of

correctional personnel. More work is needed in this area, however. The

field recommends that adult and juvenile correctional agencies open

channels of communication with the community and with crime

victims;that correctional agencies designate staff to provide information, assistance, and referrals to victims of crime;that they place a high

priority on ensuring the protection of victims from inmate intimidation,

threats, physical or other harm from offenders under their supervision;

and that they inform victims of any change in the status of offenders

that would give them access to victims or the community.To increase

offender awareness of the consequences of their actions, correctional

agencies for both adult and juvenile offenders should use victim impact

panels and conduct courses on the effects of crime on victims.

New Directions for Criminal Justice System Agencies emphasizes

the need for all criminal and juvenile justice personnel to ensure that

the voices of victims are heard throughout the criminal justice process

so that justice agencies are able to develop effective, victim-sensitive

policies and programs. Education for these professionals should include

presentations by victims about their justice system experiences. Crime

victims are the “customers” of that system, and the agencies that

interact with victims have an obligation to ask them to evaluate

whether their needs are being met.

Section III

New Directions for Victim Assistance and 

Allied Professionals

Members of many different professions work directly with crime

victims or come into contact with them on a daily basis. In addition to

victim service providers, primary among these are professionals in the

health care, mental health, legal, education, faith, business, and the

news media communities.New Directions for Victim Assistance and

Allied Professionals describes the important roles that these professions can play in assisting victims. It identifies areas where services for

victims of crime can be enhanced and highlights the innovative

promising practices that each profession has developed to improve

victim services.

Chapter Six,New Directions for the Victim Assistance Community,

addresses the very broad and diverse victim assistance field, including

local,state and national programs.The chapter traces the roots of the

victim assistance movement from the first state victim compensation

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Executive Summary
program in the United States established in 1965 and the early victim

assistance programs of the 1970s, to the full-fledged advocacy and

service field that today is dedicated to meeting the physical, financial,

and psychological needs of victims and their families. More than

10,000 victim assistance programs exist across the country, including

over 2,000 that assist battered women, over 2,000 rape crisis centers,

as well as countless other community-based and justice system-based

programs that serve child victims,survivors of homicide victims, drunk

driving crash victims, and others.These are extraordinary accomplishments for a movement that started less than three decades ago.

Yet for many victims in America, adequate services are still not

available. Crime victims with disabilities, who are victimized at an

unusually high rate, have great difficulty accessing services to meet

their needs. Many victim assistance programs lack the ability to

communicate effectively with deaf or blind victims, and most service

providers are not trained to communicate with victims with cognitive

or developmental disabilities. Criminal justice and other victim service

providers are often not equipped to meet the needs of victims from

diverse cultures or victims who speak languages other than English.As

a result, these victims are not informed adequately of the services

available to them or of their rights in the criminal justice system.

In this chapter, the victims’ movement seeks to define a comprehensive system of victim services for all crime victims that includes immediate trauma and emergency response,short- and long-term psychological

counseling,shelter, and advocacy throughout the criminal,tribal,

military, and juvenile justice systems.It addresses the issues facing

specific types of victims—including victims of domestic violence,sexual

assault,stalking, gang violence, white collar crime, bank robbery, hate

and bias crimes,survivors of homicide victims, elderly victims, and

drunk driving crash victims—and makes recommendations for meeting

their needs. Other recommendations in this section include conducting

needs assessments; developing standards for victim assistance; providing

basic training and continuing education for all victim assistance

providers; and developing a national commission to establish certification and accreditation standards for victim advocacy and assistance.

The next chapter in this section, Chapter Seven, focuses on New

Directions for the Health Care Community. In 1985, the Surgeon

General declared violence in America to be a public health emergency.

Today, this emergency has reached epidemic proportions. U.S. hospital

emergency rooms treated an estimated 1.4 million individuals injured

by interpersonal violence in 1994. Each year, gunshot violence costs

$4.5 billion in medical expenses alone.This chapter discusses creative

initiatives that have been taken by the health community to reduce

violence and to provide assistance to crime victims. Hospitals are

reaching out to rural victims through telemedicine, to victims of gang

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New Directions from the Field: Victims’ Rights and Services for the 21st Century
violence through violence prevention programs, and to victims of

sexual assault through sexual assault nurse examiners programs.

However, many challenges still remain. Recommendations in this

chapter include encouraging all medical professionals to adopt

protocols for responding to domestic violence, child, elderly, and sexual

assault victims developed by their professional associations and to

provide professional education programs on crime victims issues.

Intense feelings of anger, fear, isolation, low self-esteem, helplessness,

and depression are common reactions to victimization. Chapter Eight,

New Directions for the Mental Health Community, addresses the

many short- and long-term mental health problems that can result from

experiencing trauma including acute and post-traumatic stress disorder.

Major advances have been made in furthering our understanding of

crime-related psychological trauma and the best ways to provide

treatment to crime victims.This chapter outlines a number of multidisciplinary programs which have been developed to address the mental

health needs of crime victims. Recommendations encourage the mental

health community to develop linkages with crime victim compensation, victim assistance programs, and criminal and juvenile justice

agencies to ensure that victims have access to adequate crisis and

mental health treatment at each stage of the justice process.They also

address the continuing need for research on the mental health

consequences of victimization and treatment of crime-related psychological disorders, as well as the importance of education and training

for mental health professionals in providing appropriate mental health

treatment to crime victims and their families.

Chapter Nine,New Directions for the Legal Community, addresses

the role of lawyers serving in positions outside the justice system in

private law firms, corporations, law schools, and government, who

frequently come in contact with crime victims through their work.

Attorneys and the organized bar associations to which they belong

have worked to improve access to the justice system for crime victims

by providing pro bono legal assistance to crime victims through

community outreach and legal advocacy programs.The field encourages state and local bar associations to follow the lead of the American

Bar Association, and many state and local bar associations, in establishing victim committees and to strongly support continuing legal

education on crime victims’ issues.

Chapter Ten,New Directions for the Educational Community,

examines the pervasive problem of crime on school and college

campuses, as well as how the educational community can assist crime

victims. Our nation’s schools provide the richest opportunity to teach

children about victims’rights and services and crime prevention strategies. Education on these issues should begin in grade school and

continue through college and graduate school. On many college

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Executive Summary
campuses, where sexual assault and other crimes affect large numbers

of students, information about these crimes and prevention strategies is

rarely incorporated into classes or student activities beyond student

orientation. Many victims turn first to their friends for assistance, and it

is critical to educate those most likely to be called upon for advice.

Since the release of the 1982 report, attention to school violence has

greatly increased, and scores of programs have been developed to

protect the safety of students, teachers, and administrators.The

recommendations in this chapter focus on the continuing need for

schools and universities to establish comprehensive programs to assist

students, faculty, and staff who are victimized by crime or who witness

violence. In addition, the report calls upon all school districts, colleges,

and universities to design and implement a standardized system for

documenting, analyzing, and reporting crimes to law enforcement.

Equally important,New Directions encourages colleges and universities

to establish undergraduate and graduate programs with a concentration in victims’rights and services, as well as to develop specialized

education and training programs for faculty, administrators, and staff on

crime victim issues.

In times of crisis, many individuals turn to clergy and leaders in the

faith community for spiritual guidance,support, and information.

Chapter Eleven,New Directions for the Faith Community, encourages

faith community leaders to recognize that the victim, no less than the

victimizer, is in need of aid, comfort, and spiritual ministry. It reviews

the range of faith-based victim assistance programs that have been

developed over the past decade, including providing shelter for

battered women and camps for abused children. Training on victims’

issues for those in the faith community is recommended as a priority

so that they are better able to recognize signs of violence, understand

critical issues of confidentiality, and make appropriate referrals for

services.

Chapter Twelve,New Directions for the Business Community,

addresses the importance of this community’s response to crime

victims. Employers have begun to recognize that it is good business to

offer employees a full spectrum of assistance programs to help them

deal with problems, including criminal victimization, that affect job

performance and the safety of the workplace. Employee assistance

programs are now routinely offered in many workplaces. Many employers and unions are implementing policies to prevent violence in the

workplace and to assist employees who become victims.This chapter

highlights innovative private sector approaches to improve the

response to victims of workplace violence, including monetary and inkind donations to individual victims and community victim services,

and memorable programs that the television industry has produced to

increase public awareness about crime victims’ issues, particularly in

xvi

New Directions from the Field: Victims’ Rights and Services for the 21st Century
the area of child abuse,sexual assault, gun violence,stalking, and

domestic violence.The field recommends that all workplaces educate

their employees about victimization and its impact.

The final chapter in this section,New Directions for the News

Media Community, addresses the longstanding tension between the

public’s right to know versus the victim’s right to privacy.The media’s

coverage of many high-profile cases and emerging crimes has

contributed to positive changes in public policy,such as recognition of

the need for community notification of sex offenders and anti-stalking

statutes. News coverage has also helped to change public attitudes

about the seriousness of violent crimes such as drunk driving and rape.

But the media can have a negative impact on individual lives when

victims are thrust, often unwillingly, into the media limelight in the

aftermath of crime.This chapter encourages the media to adopt

guidelines for sensitively covering victims’ issues,such as protecting

the privacy of sexual assault and child victims.

Section IV

New Directions in Financial Recovery

The costs to crime victims for medical expenses, mental health

counseling, and lost wages alone are estimated at $105 billion annually.

The fourth section of this report,New Directions in Financial

Recovery, addresses the three major avenues that victims can pursue to

recover their financial losses due to crime: compensation,restitution,

and civil remedies.

The first chapter of this section, Chapter Fourteen,New Directions

for Crime Victim Compensation, addresses the great progress that has

been made to establish victim compensation programs in every state

and to expand program benefits. Crime victim compensation programs

pay for expenses such as medical care, mental health counseling, lost

wages, funeral expenses, and crime scene cleanup. In 1996,state

compensation programs paid approximately $240 million to more than

110,000 crime victims nationwide.The recommendations from the

field in this chapter suggest that the circle of victims who qualify for

compensation should be widened, and barriers that may prevent

victims from applying for compensation,such as mandated time limits

for reporting to law enforcement or submitting a claim,should be

removed.Additional recommendations for compensation programs

address issues such as improving claims management, expanding

benefits for crime victims, and utilizing technology to facilitate

program initiatives.

Chapter Fifteen,New Directions for Restitution, addresses restitution,

which can be ordered in juvenile and criminal courts to hold offenders

xvii

Executive Summary
financially accountable for their crimes against victims.This chapter calls

for mandatory,full, and consistent restitution orders nationwide.In

addition,the field suggests all justice systems should establish more

effective restitution programs that require coordinated efforts among

officials across the entire justice system to increase restitution collections.

The final chapter of this section,New Directions for Civil Remedies,

addresses the potential financial remedies that crime victims can seek

through the civil justice system. Recommendations focus on informing

victims and victim service providers of the legal rights of crime victims

to pursue reparations through the civil justice system.Victims should

be provided with information regarding their options within the civil

justice system as another means of holding offenders accountable.

Each chapter in this section also addresses the importance of

education and training for all who serve victims, as well as victims

themselves, about these potential avenues of financial recovery. In

addition, the section explores the use of technology, which offers

exciting possibilities for improving claims processing and restitution

collections so that crime victims no longer will be forced to wait

several months or even years to receive critical financial support.

Section V

New Directions for Child Victims

Each year in America, millions of children directly experience or

witness violence in their homes, neighborhoods, and schools.The impact

of such crime and violence on our nation’s youth is undeniably

profound. Section V, New Directions for Child Victims, addresses the

unique needs of young victims and outlines the legal rights and protections that have emerged at the federal and state levels for child victims of

physical and sexual abuse, exploitation, abduction, and other types of

crimes.It reviews the long-term impact of crime on child victims and

presents examples of programs and services that have been developed

across the nation to address their health and mental health needs, and to

help them through the criminal justice process in sensitive and comprehensive ways. Much needed services include children’s advocacy

centers, court-appointed special advocates, and other multidisciplinary

approaches.

This section also contains a number of recommendations to improve

services for child victims, to develop training programs for all professionals who come into contact with child victims, and to enhance data

collection and research initiatives in the area of child victimization.

xviii

New Directions from the Field: Victims’ Rights and Services for the 21st Century
Section VI

New Directions in International Victim Assistance

Individuals throughout the world—in large urban cities and in small

villages—face problems with crime and violence, and much can be

gained from examining the unique approaches to addressing the rights

and needs of crime victims that have been undertaken by diverse

communities and nations.Increasing numbers of people travel and live

abroad, and are victimized in countries where they may be unfamiliar

with the language as well as the legal and social service systems.Crimes

such as international terrorism and commercial sexual exploitation of

children are well documented,highlighting the need for countries to look

beyond their national boundaries to share information and assist victims.

The final chapter of this report, Chapter Eighteen, discusses global

issues facing the field of victim services today and briefly highlights

approaches that have been taken in other countries to address crime

victims’ needs. In addition to serving their own victims domestically,

many countries are participating in international collaborative efforts

to improve the rights and treatment of crime victims worldwide.

Recommendations in this section include improving services to

American citizens who are victimized abroad and foreign citizens who

are victimized in the United States, as well as continued collaboration

and reciprocity in the provision of victim services worldwide.

Conclusion

The victims’ movement owes its beginning and many of its

accomplishments to the activism of crime victims and their families

and supporters. Many crime victims have struggled not only to survive

and heal after their own victimization, but also to bring much-needed

legal reforms, financial relief, and services to other victims. In charting

New Directions, the field emphasizes the importance of recognizing

the needs, desires, and potential contributions of crime victims

themselves.Victims’ voices must remain a powerful guiding force in

developing new directions.

Since 1982, a substantial number of the 68 recommendations in

the President’s Task Force on Victims of Crime Final Report have

been enacted and implemented due in a large part to the efforts of

crime victims.These accomplishments include the Victims of Crime

Act in 1984, the landmark Crime Act of 1994, the countless state

statutes that strengthen victims’ rights and hold offenders accountable to their victims, and the 29 state victims’rights constitutional

amendments.

I discovered long ago that

among the most effective

advocates I have seen are

the survivors, those who

have channeled their pain

and anger into activism

to achieve lasting reforms. 

Attorney General 

Janet Reno, 

August 15, 1996 

xix

Executive Summary
Throughout this report, the field urges representatives of justice

agencies, including law enforcement officials, prosecutors, judges, and

corrections administrators, to recognize the important role that crime

victims play in helping to guide public policy. Justice and allied professionals must also realize that crime victims are an essential resource in

developing and participating in victim assistance, training, and crime

prevention programs. Community activism and service are often part of

the healing process for many crime victims.Their contributions to

groups that provide support for other crime victims and to programs

that provide education about the impact of crime and how to prevent

victimization in the future have been invaluable.

The many contributors to this report hope that communities around

the country will benefit from the many “promising practices” and

recommendations highlighted throughout New Directions, and that

the dialogue on improving the response to victims continues in a

spirited and visionary fashion.The Office for Victims of Crime is

committed to facilitating this dialogue and to assisting communities

everywhere with implementing innovative, comprehensive programs

that provide victims with even greater opportunities for justice and

healing.

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New Directions from the Field: Victims’ Rights and Services for the 21st Century
Sampling of Promising Practices That Are 

Transforming Victim Services

In the last two decades,many promising practices in victim services have been developed across the

nation.These innovative programs use a multidisciplinary or team approach to respond to the needs of

diverse crime victims,maximize technology to deliver high-quality services to victims more quickly and

effectively, and utilize community police,prosecutor,court, and corrections programs.

An important objective for the victims’ movement in the 21st century should be to support and

replicate these innovative ideas, with the goal of improving the quality of programs nationwide. In

the new millennium, it is hoped that every community can adopt these promising practices in

victims services to ensure that victims are provided services in specialized settings by agencies that

work together and utilize technology to bring services to victims with greater efficiency.

Over 100 promising practices are highlighted throughout New Directions. These are just a few

examples of the range of excellent services and multidisciplinary partnerships that have been

established to assist crime victims.

Children’s Advocacy Centers 

The first children’s advocacy center was initiated in Huntsville,Alabama in 1984 by a dynamic

district attorney who wanted to change the traditional system in which sexually abused children

were revictimized by having to retell their stories to numerous agency officials in frightening

settings. Children’s advocacy centers are designed especially for kids, allowing law enforcement

officers,social workers, medical and mental health personnel, and prosecutors to work together to

reduce the number of interviews and coordinate cases.Today, there are more than 350 children’s

advocacy centers in 48 states.

Community Criminal Justice Partnerships

In 1989, the sheriff of St. Martin Parish, Louisiana began a program to help his department respond

to the needs of elderly crime victims. Called Triad, this collaborative program between law enforcement and senior citizens has been duplicated in communities across the country.Today, there are

more than 500 programs in 46 states, Canada, and England. In Bridgeport, Connecticut, for example,

the chief of police provides a bus and officers to help seniors living in a high-crime area go to the

market and conduct their banking safely. Services offered by Triad programs include transportation

to medical services and criminal justice proceedings, courtroom escorts, and repairs to damaged

residences.The program is cosponsored by the American Association of Retired Persons, the

International Association of Chiefs of Police, and the National Sheriffs Association.

Crisis Response Teams

The nation’s first crisis response teams for victims were organized by the National Organization for

Victim Assistance (NOVA) following the 1986 Edmond, Oklahoma post office shooting in which

more than a dozen employees were killed. Since that galvanizing event, with NOVA’s leadership and

training and a growing interest among some states,response teams comprising professionals from a

variety of disciplines, including psychologists, law enforcement officers, doctors,social workers,

victim advocates, and religious leaders, have been assembled around the country.These teams

xxi

Executive Summary
provide assistance to communities in the aftermath of major crimes and acts of terrorism such as

mass murders and bombings. In the wake of the bombing of the Alfred P. Murrah Federal Building in

Oklahoma City, NOVA organized three crisis response teams to debrief and train more than 1,000

emergency responders, teachers, and school children.

Technologies to Benefit Crime Victims

Emerging technologies hold great promise for improving services to crime victims. In Kentucky,

following the murder of a woman who was notified of the release of her accused assailant, the

state developed a computerized system to inform victims when their accused or convicted offenders are released. Similar systems are being adopted around the country.Technology can be used to

help victims participate in proceedings, to view trials moved to other communities using closedcircuit television, or to participate by satellite hookups during parole proceedings. In addition,

telemedicine can be used to provide assistance from physicians in other locations to nurse examiners in rural areas during sexual assault or child abuse forensic examinations.Technology can also

provide increased protection for victims of crimes such as domestic violence and stalking by utilizing cellular phones, house perimeter alarms, and electronic bracelets.

Community Police, Prosecutors, and Court Programs

Community policing, prosecution, and court programs are excellent vehicles for ensuring victim

assistance. Law enforcement officers based in neighborhoods are uniquely situated to identify

underserved crime victims and help them obtain needed assistance. In San Diego, California for

example, community police officers are informed through a computerized database 24 hours a day

of shelters that have available space and other information that helps them respond more

effectively to victims of crime. Community prosecution programs such as the community drug

impact program in the Eastern District of Wisconsin permit prosecutors to advise citizens of drug

arrests in their neighborhood and request their participation in submitting community impact

statements.A community court, like the Midtown Community Court in Manhattan, can address

misdemeanor, quality-of-life crimes such as graffiti, prostitution, minor drug offenses, and shoplifting,

and become an important victim service institution by enforcing immediate and meaningful restitution to victims and the community.

Initiatives of Allied Professionals

The efforts of allied professionals have greatly improved services to crime victims in many areas.

Working with law enforcement and others in the criminal justice system, hospitals in some

communities have created programs that provide a safe and secure atmosphere in which to

conduct sexual assault examinations. Schools are presenting special violence awareness courses on

topics ranging from child abuse and dating violence to gang awareness and prevention. Bar associations are establishing special trainings for attorneys who want to donate their services to crime

victims and to represent them in civil litigation.The religious and spiritual community has

established camps for abused children and broad-based educational programs and has provided

locations for many victim assistance programs.The business community has not only provided

millions of dollars to support victim assistance programs, but also over the past decade has

increased public awareness of victimization among employees through new training programs and

advertising campaigns about victims’ issues.The mental health community is playing a pivotal role

xxii

New Directions from the Field: Victims’ Rights and Services for the 21st Century
by establishing multidisciplinary teams to respond to victims of crime in a more coordinated way.

In addition, many allied professionals contribute their services to crisis response team efforts

around the country.

Comprehensive Victim Service Centers

This concept originated in Jacksonville, Florida where a comprehensive victim center, provides a

wide range of services in one location for all crime victims. Center staff operate an emergency fund

for victims, and counselors provide immediate crisis counseling and accompany law enforcement to

all homicides.A staff member representing the state compensation program processes compensation claims onsite, and chapters of self-help groups such as Mothers Against Drunk Driving and

Parents of Murdered Children operate in the center to provide emotional support to victims and

survivors of victims of violent crime.

Specialized Programs for Diverse Crime Victims

Many of the innovative programs described in New Directions provide comprehensive services to

underserved crime victims and encourage victims to participate in the criminal and juvenile justice

systems.The Seattle Abused Deaf Women’s Advocacy Services, established by a deaf victim for whom

there were no services when she was sexually assaulted as a child, provides comprehensive

assistance to deaf and deaf-blind victims who began reporting crimes in record numbers after this

organization was founded.Victims of gang violence in Orange County,California,receive extensive

services from the Gang Victim Services Program, in which multicultural, bilingual staff provide

assistance with crime scene cleanup, funeral arrangements, victim-witness protection issues, interaction with the media,referrals to counseling, court advocacy, and victim compensation applications.

xxiii

Executive Summary
SECTION I

New 

Directions 

in Victims’

Rights

The backbone of our justice system is the 

laws that give it shape and coherence. For

many years, victims of crime were unrecognized in criminal and juvenile justice laws. To the

extent victims of crime had a role in the justice

system, it was narrow; to the extent victims had

rights, they were few. This section examines the

nation’s progress in enacting laws to establish and

enforce rights for crime victims. It is based upon

papers submitted by leading experts in the field 

as well as the input of countless victim advocates,

justice system professionals, crime victims, and

others at public hearings and in working groups.

This section reviews the nation’s progress in the

past two decades toward establishing state and

federal rights for victims of crime, including a federal constitutional amendment to guarantee those

rights. It also presents recommendations from the

field for ensuring that victims’ rights, including

fundamental rights for victims of juvenile offenders,

are expanded and enforced within the American

justice system.
CHAPTER 1

Victims’ Rights

Victims’ Rights: Two Decades of 

Dramatic Change

The enactment of the nation’s first state bill of rights for crime victims

in 1980 in Wisconsin ushered in an era of dramatic progress for victims’

rights.1 In 1982,the passage of the federal Victim and Witness Protection

Act2 and the release of the Final Report of the President’s Task Force on

Victims of Crime brought national prominence to crime victims’ concerns.

The Final Report established a broad agenda for implementing victims

rights and services, and most of its 68 recommendations are highlighted

throughout this report. This section reviews many of the state and federal

initiatives to expand the rights of crime victims since these seminal events.

State Initiatives

State progress in legislating rights for crime victims within the

criminal and juvenile justice systems since the 1982 Final Report has

been remarkable.When the Task Force began its work, only four states

had enacted a set of basic rights for crime victims in the criminal

justice system, commonly referred to as victims’ bills of rights.

3 Today,

every state has laws protecting victims’rights. Moreover, victims’rights

have been strengthened in 29 states by constitutional mandate.

4

The scope of rights extended to crime victims also has expanded

significantly.

5 Although states have not established one standard set of

rights for victims, most bills of rights contain basic provisions for

victims to be treated with dignity and compassion, to be informed of

the status of their case, to be notified of hearings and trial dates, to be

heard at sentencing and parole through victim impact statements, and

to receive restitution from convicted offenders.

Most states afford victims the right to notice of events and proceedings at various stages of the judicial process. Moreover, 35 states give

victims the right to attend most criminal justice proceedings and 24

constitutionally protect that right.

6 Every state now allows courts to

consider victim impact information at sentencing, and at least 41 states

allow victims to make oral statements during sentencing hearings.

7

Virtually every state requires victim impact information as part of the

presentence report, and at least half of the states expressly require the

court to consider that information in sentencing decisions.

8

Let us make sure that we

give our victims the right

to be heard—not in some

dispassionate way in an

impact statement, but in

a courtroom if they want

to be heard, so that people

can know what it’s like to

be a victim. Let us give

them an opportunity to

participate, to be there,

and to hold the criminal

justice system at every

level accountable.

U.S. Attorney General 

Janet Reno

New York City National

Candlelight Vigil

April 25, 1993

3

Chapter 1: Victims’ Rights
Each year, hundreds of new victims’rights laws and innovative

practices are enacted and implemented across the country. Since 1990,

after cases of stalking received national attention from the media and

victim advocacy groups, all 50 states and the District of Columbia

modified their laws to criminalize stalking.

9 Some state legislatures also

reacted swiftly to the escalation of juvenile crime to record levels in

the early 1990s by extending at least some rights to victims of juvenile

offenders. In 1992, for example, only five states provided victims the

right to be notified of a disposition hearing involving a juvenile. By

1995, 25 states provided this right.

10

Despite this record of success, however, victims are still being

denied their right to participate in the justice system. Many victims’

rights laws are not being implemented, and most states still have not

enacted fundamental reforms such as consultation by prosecutors with

victims prior to plea agreements, victim input into important pretrial

release decisions such as the granting of bail, protection of victims

from intimidation and harm, and comprehensive rights for victims of

juvenile offenders.11

Federal Initiatives

The 1982 passage of the federal Victim and Witness Protection Act and

the release of the Final Report of the President’s Task Force on Victims

of Crime were the catalysts for a decade of advances in victims’rights.12

The Act became a national model for state victims’rights laws, while the

Final Report’s 68 recommendations spurred legislative reforms and

initiatives to improve criminal justice and allied professionals’response

to crime victims.

Congress’strong advocacy for crime victims was reflected in the

Victim and Witness Protection Act’s statement of purpose:“to enhance

and protect the necessary role of crime victims and witnesses in the

criminal justice process;to ensure that the federal government does all

that is possible to assist victims and witnesses of crime, within the limits

of available resources, without infringing on the constitutional rights of

the defendant; and to provide model legislation for state and local

governments.”13 Congress instructed the Attorney General to develop and

implement guidelines for the Victim and Witness Protection Act within

270 days of its enactment. In response,the Attorney General Guidelines

for Victim and Witness Assistance (AG Guidelines) were issued in 1983,

establishing standard policies and procedures and a code of conduct for

federal criminal justice officials who interact with crime victims.14 The

AG Guidelines have been updated periodically to incorporate new rights

for victims,such as those set forth below.

Sadly today, victims’

rights largely remain

‘paper promises.’ For too

many victims and

families, the criminal

justice system remains

more criminal than just

when it comes to protecting their rights. 

Roberta Roper, Founder,

Stephanie Roper 

Committee, Co-chair, 

National Victims’ Constitutional

Amendment Network

4

Section 1: New Directions in Victims’ Rights
In 1990,the Crime Control Act established a new framework for

victims’rights by creating the first federal bill of rights for victims of

crime.15 This legislation,referred to as the Victims’ Rights and Restitution

Act of 1990, or the Victims’ Rights Act,requires federal law enforcement

officers, prosecutors, and corrections officials to use their “best efforts” to

ensure that victims receive basic rights and services.16 These include the

right to be treated with fairness and with respect for the victim’s dignity

and privacy,to be reasonably protected from the accused,to be notified

of court proceedings,to be present at all public court proceedings

unless the court determines otherwise,to confer with the prosecutor,to

restitution, and to information about the offender’s conviction,sentencing, imprisonment, and release. The “best efforts” standard, however,

made the federal law weaker than many state victims’rights laws, which

make the provision of victims’rights and services mandatory.

In 1994, passage of the Violent Crime Control and Law Enforcement

Act created new rights for victims of sexual assault, domestic violence,

sexual exploitation, child abuse, and telemarketing fraud. The legislation

also included significant funding for combating domestic violence and

sexual assault, placing 100,000 community police officers on the street,

and launching a variety of other crime prevention initiatives.17

In 1996,the Megan’s Law amendment to the Jacob Wetterling Crimes

Against Children and Sexual Violent Offender Act was enacted to help

ensure that communities are notified of the release and location of

convicted sex offenders.18 President Clinton also signed the Antiterrorism

Act that year to strengthen efforts against terrorists and to make restitution mandatory in violent crime cases.

In 1997,Congress passed the Victims’ Rights Clarification Act, asserting

that victims should have the right to both attend proceedings and

deliver or submit a victim impact statement. This clarification was issued

in response to a judicial ruling prior to the first trial regarding the

bombing of the Alfred P. Murrah Federal Building in Oklahoma City,

Oklahoma,that precluded victims who chose to attend the trial from

providing a victim impact statement at sentencing. Also in 1997,

Congress adopted the Federal Antistalking Law, which made it a federal

offense to cross a state line to stalk another. The act also made stalking

within federal jurisdictions a federal offense.19

The Proposal for a Federal Victims’ Rights Constitutional Amendment

The 1982 Presidential Task Force urged the passage of federal constitutional protection for victims’rights, advocating that the Sixth

Amendment to the U.S. Constitution be amended to create specific

rights for crime victims.20 Subsequently, at a meeting sponsored by the

National Organization for Victim Assistance (NOVA) and Mothers

Even in states with a

victims’ rights constitutional amendment, the

overall protection of victims

is varied and uneven. In

addition, without federal

constitutional protection,

victims’ rights are always

subject to being automatically trumped by

defendants’ rights.

Robert E. Preston, Co-chair,

National Victims’ Constitutional

Amendment Network 

5

Chapter 1: Victims’ Rights
Against Drunk Driving (MADD), victim activists and national victims’

organizations created the National Victims’ Constitutional Amendment

Network (NVCAN) to provide leadership and coordination of efforts to

amend the federal constitution.21

A decision was made by NVCAN to seek amendments to state constitutions before addressing a federal amendment. This strategy was

adopted to enhance knowledge about the impact of state constitutional

reforms for victims’rights and to establish a strong base of support

prior to seeking a federal amendment. NVCAN spent the next decade

assisting states in their efforts to pass amendments. One of the NVCAN

members,the National Victim Center (NVC), played an important role

during this period by serving as the central repository for information

regarding constitutional amendment efforts around the country. Efforts

to pass state constitutional amendments produced impressive results.In

each of the 29 states where victims’rights amendments were put to a

vote of the electorate,they won by an overwhelming majority,receiving

80 to 90 percent of the vote in most states.22

In 1996, federal lawmakers focused on the significance of federal

constitutional rights for crime victims when resolutions to add crime

victims’rights to the Constitution were introduced in the Senate by

Senators Jon Kyl and Dianne Feinstein and in the House by Representative Henry Hyde. Constitutional protection of victims’rights has proven

to be a nonpartisan issue. The proposed federal constitutional

amendment received bipartisan support in the U.S. Congress and was

supported in both political party platforms and by both Presidential

candidates in 1996.

In a Rose Garden ceremony on June 25, 1996, President Clinton

endorsed a federal victims’rights constitutional amendment,stating:

Participation in all forms of government is the essence of

democracy.Victims should be guaranteed the right to participate

in proceedings related to crimes committed against them. People

accused of crimes have explicit constitutional rights. Ordinary

citizens have a constitutional right to participate in criminal trials

by serving on a jury. The press has a constitutional right to attend

trials. All of this is as it should be. It is only the victims of crime

who have no constitutional right to participate, and that is not the

way it should be.

Rights for Victims of Juvenile Offenders

The President’s Task Force recognized that many reforms in the juvenile

justice system focused “solely on the benefits to be extended to offenders

while ignoring the needs of a society burdened by their offenses.”23The

Final Report challenged the federal government to evaluate the juvenile

When someone is a victim,

he or she should be at the

center of the criminal

justice process, not on the

outside looking in. 

President William J. Clinton, 

Rose Garden,

June 25, 1996

6

Section 1: New Directions in Victims’ Rights
justice system from the perspective of the victim who,the report argued,

is “no less traumatized because the offender was under age.”24

For most of this century, the emphasis on rehabilitating youthful

offenders and protecting their confidentiality in the juvenile justice

system has overshadowed the needs of their victims. The 1980s

brought a decade of reforms to America’s juvenile justice system, but

few addressed the needs of crime victims. For example, when rights for

victims of crime were enacted in state bills of rights in the 1980s, few

states extended rights to the juvenile justice system. Of the 45 states

that had enacted some form of victims’rights legislation by 1988, only

13 specifically defined their population to include victims of

juveniles.25 However, the dramatic increase in juvenile crime in the late

1980s and early 1990s, particularly the increase in the violent nature of

such crimes, prompted demand for greater accountability from the

juvenile justice system.26

To ensure that victims of juvenile crimes are protected,states are

enacting or amending victims’ bills of rights to extend basic rights to

victims of offenders in the juvenile justice system.While 46 states now

allow courts to order restitution from juvenile offenders as part of the

disposition of a delinquency proceeding or as part of an informal

disposition, only half of the states have legislated comprehensive notification and participatory rights for victims of serious juvenile offenses.27

With respect to victim notification, at least 25 states provide the right

for victims to be notified of the disposition hearing, 23 states provide

the right for victims to be notified of the adjudication hearing, and at

least 25 states provide the right for victims to be notified of final

adjudication.28 With respect to victim participation, at least 28 states

allow victims of juvenile offenders to submit a victim impact statement

at disposition hearings, and 25 states allow victims to attend the

disposition hearing.29 Some of these states, however, only recognize

these rights in cases involving offenses that would be considered

felonies if committed by adults.30

In the important area of plea consultation, by 1995, only 16 states had

extended the right to victims of juvenile offenders to receive an explanation of or consultation about plea agreements.31 While protection from

intimidation and harm remains important, laws in only 15 states establish

the right of victims to be notified of juvenile offenders’ bail and predisposition release.32 Texas has addressed this problem by passing a statute

that gives victims the right to have the court consider their safety when

determining if a juvenile should be detained prior to adjudication.33

By 1997, eight states had raised victims’rights in the juvenile system

to constitutional status. Alaska, Idaho, Missouri, Oregon, and South

Carolina have included victims of juvenile offenders in their victims’

rights constitutional amendments, and Arizona, Oklahoma, and Utah

The rights of victims of

juvenile offenders should

mirror the rights of

victims of adult offenders

in the United States.

Crime victims should not

be discriminated against

based upon the age of

their offenders.

Sharon English, 

Deputy Director,

Office of Prevention 

and Victim Services, 

California Youth Authority

7

Chapter 1: Victims’ Rights
have authorized legislative extension of victims’ constitutional rights to

juvenile proceedings.34

At the national level, juvenile crime and victimization received

considerable attention in the 1990s. In 1991, the Office of Juvenile

Justice and Delinquency Prevention (OJJDP) of the U.S. Department of

Justice released a nationwide evaluation of juvenile justice-based victim

service programs, Helping Victims and Witnesses in the Juvenile

Justice System, which served as an important early roadmap for federal

action.35 OJJDP also sponsored, in cooperation with the American

Probation and Parole Association, the development of juvenile restitution programs, policies, and procedures.

In 1994,the Victims Committee of the American Correctional Association issued a report on victims of juvenile offenders, which found that

the majority of victims’rights statutes enacted up to that time did not

include protections for victims of juvenile offenders and that most state

juvenile codes were silent about victims.36 In 1996, crime victims’rights

and services within juvenile justice systems were elevated to national

importance with the release of the National Juvenile Action Plan, a

comprehensive strategy to address juvenile violence, victims of juvenile

offenders, and the juvenile justice system.37 The document, developed by

the Coordinating Council on Juvenile Justice and Delinquency Prevention, chaired by Attorney General Janet Reno, with extensive input from

the Office for Victims of Crime, called for the expansion of victims’rights

and services within juvenile justice systems.

While much has been accomplished for victims of juvenile offenders

through state and federal action to reform the juvenile justice system,

much remains to be done. Not only are rights for victims within the

juvenile justice system inconsistent nationwide, many are not enforced.

According to the National Victim Center, which conducted an in-depth

review of victims’rights within the juvenile justice system,“most of the

rights for victims of juvenile offenders should more accurately be

called suggestions, or recommendations, as they are only advisory in

nature.”38 As additional laws are enacted across the nation, enforcement

of victims’rights in the juvenile justice system must be made as great a

priority as it is in the adult criminal justice system.

Recommendations From the Field for

Victims’ Rights 

A global challenge issued by the field that serves as the foundation for

every recommendation in this section is that consistent, fundamental

rights for crime victims should be implemented in federal, state,

juvenile, and tribal justice systems, as well as in administrative

disciplinary proceedings, including military hearings.

8

Section 1: New Directions in Victims’ Rights
The rights described in this section are among the most significant

recommendations in New Directions.While victims’rights have been

enacted in states and at the federal level, they are by no means consistent nationwide. All too often they are not enforced because they have

not been incorporated into the daily functioning of all justice systems

and are not practiced by all justice professionals. Moreover, most

systems lack enforcement mechanisms, leaving crime victims without

adequate legal remedies to enforce their rights when they are violated.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #1

The U.S. Constitution should be amended to

guarantee fundamental rights for victims of

crime. Constitutionally protected rights should

include the right to notice of public court

proceedings and to attend them; to make a

statement to the court about bail, sentencing,

and accepting a plea; to be told about, to

attend, and to speak at parole hearings; to

notice when the defendant or convict escapes,

is released, or dies; to an order of restitution

from the convicted offender; to a disposition

free from unreasonable delay; to consideration for the safety of the victim in determining

any release from custody; to notice of these

rights; and to standing to enforce them.a

A federal constitutional amendment for victims’rights is needed for

many different reasons, including:(1) to establish a consistent “floor of

rights” for crime victims in every state and at the federal level;(2) to

ensure that courts engage in a careful and conscientious balancing of

the rights of victims and defendants;(3) to guarantee crime victims the

opportunity to participate in proceedings related to crimes against

them; and (4) to enhance the participation of victims in the criminal

9

Chapter 1: Victims’ Rights

a On June 25, 1996, President Clinton announced his support for a victims’rights

amendment to the Constitution. The President did not endorse any particular language, but made clear that any amendment should establish several rights, including

the right:(1) to be notified about public court proceedings and not to be excluded

from them;(2) to be heard, if present,regarding bail,sentencing and the acceptance

of a plea;(3) to be told about parole hearings and to attend and speak at such hearings if present;(4) to notice of a defendant’s release or escape;(5) to appropriate

restitution;(6) to input concerning conditions of confinement and release to protect

the victim from the defendant; and (7) to notice of their rights. At a June 1997 hearing before the U.S. House of Representatives Judiciary Committee, Attorney General

Janet Reno testified to the Administration’s belief that the victims’rights amendment

must not erode defendants’ fundamental protections. The Attorney General further

testified that this goal can be achieved most effectively by including express language

to that effect in the amendment.
justice process. A victims’rights constitutional amendment is the only

legal measure strong enough to rectify the current inconsistencies in

victims’rights laws that vary significantly from jurisdiction to jurisdiction on the state and federal levels. Such an amendment would ensure

that rights for victims are on the same level as the fundamental rights

of accused and convicted offenders. Most supporters believe that it is

the only legal measure strong enough to ensure that the rights of

victims are fully enforced across the country. They also believe,

however, that the efforts to secure passage of a federal constitutional

amendment for crime victims’rights should not supplant legislative

initiatives at the state and federal level.

Granting victims of crime the ability to participate in the justice

system is exactly the type of participatory right the Constitution is

designed to protect and has been amended to permanently ensure. Such

rights include the right to vote on an equal basis and the right to be

heard when the government deprives one of life, liberty, or property.

While the Justice Department has not endorsed specific language for

a victims’rights constitutional amendment, the importance of extending constitutional rights to crime victims has been strongly supported

by Attorney General Janet Reno. In August 1996,she stated:

[It] is clear to me that the best way to secure consistent and

comprehensive rights for victims is by including those fundamental rights within the U.S. Constitution. . . .What victims want is a

voice, not a veto, in our criminal justice system. Today, victims’

rights vary significantly from state to state. The federal government, adult and juvenile justice systems, and the military all

provide different rights for victims.Victims’rights should not

depend upon the state in which they live, whether the crime is

federal or state, or whether it occurs on a military base or in

Indian country. Fundamental rights for victims should apply in

every forum.39

The Attorney General reiterated her support for a victims’rights

constitutional amendment in testimony before the Senate Judiciary

Committee on April 16, 1997, and before the House Judiciary Committee on June 25, 1997.

While the vast majority of national victims’ organizations and a

number of other groups including the National Governors Association,

the American Correctional Association, and the Victims’ Committee of

the International Association of Chiefs of Police favor a victims’rights

constitutional amendment,some victims’ organizations and civil rights

and civil liberties groups do not support such an amendment.40 Many of

these organizations believe that such an amendment would undermine

the rights of the accused, particularly the right to due process, and that

10

Section 1: New Directions in Victims’ Rights
reforms should be achieved through statute rather than constitutional

amendment. Organizations that advocate for battered women have

expressed concern that victims of domestic violence who are tried as

offenders may be disadvantaged by a victims’rights constitutional

amendment. In addition, judges have raised concerns over the potential

increase in federal court supervision of state court activities, and

prosecutors and other justice officials have expressed concerns, including that they do not have the resources to implement victims’rights

laws in cases involving large numbers of victims.

Advocates for a victims’rights constitutional amendment respond to

these concerns by indicating that they are not proposing that victims’

rights be given more weight than the rights of the accused. Rather,

they want victims’rights to be given equal weight which would

require courts to engage in a careful and conscientious balancing of

the rights of both. They note that many judges across the country

routinely bar victims of violent crime from attending the trials of the

individuals accused of committing those crimes and do not consider

whether prohibiting attendance actually would violate the defendant’s

right to due process. In addition, a victims’rights constitutional

amendment is needed to ensure that courts do not determine that

victims’statutory rights are automatically trumped by defendants’

federal constitutional rights.

Proponents of a federal amendment also note that while states’

victims’rights statutes and constitutional amendments have led to

positive reforms,states have failed to implement state statutory and

constitutional rights for victims in significant numbers of cases. In the

mid-1990s,the National Victim Center, under a grant from the National

Institute of Justice,studied implementation of victim rights laws in four

states.41 Two states were selected because they had strong state

statutory and constitutional protection of victims’rights, and two were

selected because they had weaker protection. The study surveyed more

than 1,300 crime victims and was the largest of its kind ever conducted.

It found that many victims were still being denied their rights, even in

states with strong legal protection.42 It concluded that state protections

alone are insufficient to guarantee the provision of victims’rights.43

Key findings of the study included:

• Nearly half of the victims, even in the two states with strong 

protection, did not receive notice of the sentencing hearing—notice

that is essential for victims to exercise their right to make a

statement at sentencing.

• While both of the states with strong statutes had laws requiring that

victims be notified of plea negotiations, and neither of the weak

protections states had such statutes, victims in both groups of states

It is our hope that putting

victims’ rights in the same

document which guarantees the rights of the

accused and convicted

offenders, that they will

not be subject to violation

at will, nor subject to

changing political winds.

It is our hope that victims’

rights will be taken just as

seriously, and treated with

as much respect, as the

rights of the accused.

David Beatty, 

Director of Public Policy,

National Victim Center

11

Chapter 1: Victims’ Rights
were equally unlikely to be informed of such negotiations. Laws

requiring notification of plea negotiations were not enforced in

nearly half of the violent crime cases included in the study.

• Substantial numbers of victims in states with both strong and weak

protection were not notified of other important rights and services,

including the right to be heard at bond hearings, the right to be

informed about protection against harassment and intimidation, and

the right to discuss the case with the prosecutor.

44

National victims’ organizations have reported several cases that

illustrate how easily victims’statutory rights can be violated in the

judicial process. In one case, a woman and her family were injured by a

drunk driver. The defendant was charged with a felony. The woman

told the prosecutor she wanted to provide a victim impact statement

in open court, a right secured by the state’s victims’ bill of rights. The

judge denied her request, citing his “busy docket.”

Many victim advocacy groups believe that a federal constitutional

amendment is needed to increase the involvement of victims in judicial

proceedings. Today, many victims do not report crime or participate in

the criminal justice system for a variety of reasons, including fear of

revictimization by the system and retaliation by the offender.Victims

will gain confidence in the system if their rights are recognized and

enforced, their concerns for safety are given serious consideration, and

they are treated with dignity and respect.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #2

Crime victims should have the right to notice

of public court proceedings, including pretrial

release hearings, plea agreements, sentencing, appeals, and appropriate postconviction

release proceedings such as probation and

parole hearings. Victims should also have 

the right to notice of any significant change

in the status of defendants and to receive

timely notice, upon request, of inmates’

temporary or permanent release, or inmates’

escape or death. 

The right for crime victims to be notified about public court

proceedings in a timely fashion is fundamental to their exercise of other

rights such as the right to be present and heard.Without timely notification of proceedings, victims cannot exercise other participatory rights.

When my 16-year-old son

was killed by a drunk

driver, I wasn’t allowed to

give a victim impact

statement or to tell the judge

how the death of my child

had affected our family. But

the defendant brought a

parade of witnesses on his

behalf. Our forefathers

recognized that as the times

changed, so would the

Constitution—and indeed it

has. A time came for slavery

to be abolished—and the

Constitution was amended

to assure it. A time came for

women to vote—and the

Constitution was amended

to assure it. The time now

has come for victims of

crime to have a balanced

voice with those of their

offenders, and the United

States Constitution must be

amended to ensure it. 

Katherine Prescott, former

National President,

Mothers Against Drunk Driving

12

Section 1: New Directions in Victims’ Rights
The 1982 Task Force on Victims of Crime recommended legislation

and policies to ensure that victims are furnished case status information, prompt notice of scheduling changes for court proceedings, and

prompt notice of defendants’ arrest and bond status. Fifteen years

later, many states, but not all, have adopted laws requiring such notice.

While the majority of states mandate advance notice to crime victims

of criminal proceedings and pretrial release, many have not

implemented mechanisms to make such notice a reality. Procedures

for notification, if defined at all, vary widely. Some states require

immediate notice of a defendant’s pretrial release. Others only provide

victims with a telephone number to call to find out whether the

arrested defendant has been released.

Many states do not require notification to victims of the filing of an

appeal, the date of an appellate proceeding, or the results of the

appeal. Also, most do not require notification of release from a mental

facility or of temporary or conditional releases such as furloughs or

work programs.

Some state laws require that notice be made “promptly” or within a

specified period of time. Both prosecutors and victims often complain

that in many instances the time between the scheduling of a hearing

and the date of that hearing is too short to give victims adequate

notice.Victims also complain that prosecutors do not inform them of

plea agreements, the method used for disposition in the overwhelming

majority of cases in the United States criminal justice system. Many

state victims’rights laws do not require this type of notice.

Many states require victims to request notice, and most require

victims to maintain a current address and telephone number on file

with the notifying agency. In such cases, efforts should be made to

establish a system whereby a single request will entitle victims to

notice throughout the criminal justice process. Similarly, victims should

be required to keep their addresses current with one agency that

would serve as a central source of information for other officials within

the criminal justice system. The most effective means of implementing

this recommendation is to establish a centralized case tracking system

that allows all relevant agencies to both access and update victim

notification files, which would then be incorporated on secure,

confidential screens.Victims could request notice and maintain contact

information with all agencies by notifying only one agency.

Notification of victims when defendants or offenders are released

can be a matter of life and death. Around the country, there are a large

number of documented cases of women and children being killed by

defendants and convicted offenders recently released from jail or

prison. In many of these cases, the victims were unable to take precautions to save their lives because they had not been notified of the

For three years I was a

victim of domestic

violence, including being

kidnapped, and raped. 

I consider myself a

‘fortunate victim’ as a

conviction put the

perpetrator in prison for

many years. My concern

at this point is his coming

release. Upon his release

my entire life will change.

I hope and pray to

remain stable...

A survivor of domestic violence

13

Chapter 1: Victims’ Rights
release. Notice of release is an essential part of a victim’s right to

reasonable protection, a fundamental right described more fully in

Recommendation 6.

Today,some communities use automated voice response technology

to notify victims of release information, including systems that phone

victims repeatedly until they are reached. Other jurisdictions are

implementing victim notification systems that combine several technological solutions.

Georgia’s law requires officials to notify a stalking victim by

telephone before an offender is released, or, if such notice cannot be

made, to call the victim at least twice in no less than 15 minute

intervals within 1 hour of the offender’s release.45 The court is also

responsible for notifying victims of bail hearings by telephone.

The nation’s largest offender release notification system was

recently implemented in New York City, where 133,000 inmates are

released annually from city jails. Any victim with access to a

telephone can register for notification simply by calling a number

and providing an inmate’s name, date of birth, and date of arrest, or

the inmate’s state identification number.When the inmate is released

or transferred from custody for any reason, the victim receives

periodic telephone calls for 4 days or until the victim confirms

receipt of the notification by entering a personal code. The police,

local prosecutors, victim assistance providers, and local hotline staff

have all been trained to explain the system and to encourage victims

and intimidated witnesses to use it. Other systems in operation

around the country allow victims and members of the public to

determine the status of any incarcerated offender by calling an

automated telephone information system.

Technology offers increasingly powerful tools for providing

immediate notification to large numbers of crime victims through the

Internet, televised press conferences, and community meetings when

victim contact information is limited or when usual procedures are

impractical. The Illinois Department of Corrections website allows

victims to track the status and location of all inmates 24 hours a day, 7

days a week. Similar approaches are being developed in Ohio and

Missouri. During the cases concerning the bombing of the Alfred P.

Murrah Federal Building, prosecutors and victim-witness coordinators

held several highly publicized meetings in the community for victims

who wanted updated information and an opportunity to interact with

prosecutors and other staff members. Representatives of prosecutors

and victims organizations should meet to discuss protocols for

ensuring appropriate notification in cases involving hundreds of

victims, not only in cases of massive criminal violence, but also in

white collar crime cases such as telemarketing fraud.

Our world is clearly

hurtling into the next

century at a rapid pace.

New technologies are on

the street that were

unimaginable only a few

years ago. Criminal

justice practitioners have

to be able to tap into these

advances to ensure an

effective and efficient

response to violent crime

and to respond to an

increasing offender

population. Indeed, we

must all become part of

the technological revolution that is changing our

lives, our workplaces, and

our world.

Laurie Robinson, Assistant

Attorney General, 

Office of Justice Programs, 

U.S. Department of Justice

14

Section 1: New Directions in Victims’ Rights
VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #3

Federal and state laws should be strengthened to ensure that victims have the right to

be present throughout all public court

proceedings.

The right of crime victims to attend proceedings is fundamental and

essential to the meaningful exercise of the other participatory rights

described in this report. Notice of proceedings means little if the

victim must remain outside the court or hearing room while the

proceedings take place.

The most common justification for denying a victim’s right of

attendance in court is the need to keep them sequestered as potential

witnesses. There can be no meaningful attendance rights for victims

unless they are generally exempt from this rule. Just as defendants have

a right to be present throughout the court proceedings whether or not

they testify,so too should victims of crime. Moreover, the presence of

victims in the courtroom can be a positive force in furthering the

truth-finding process by alerting prosecutors to misrepresentations in

the testimony of other witnesses.

The legitimacy of victim attendance has been recognized in a

number of states that provide that victims should not be subjected to

court exclusion if they are potential witnesses, or in states where laws

have been enacted that generally recognize an essentially unqualified

right for victims to be present at these proceedings.46 A number of

states provide that crime victims should have the right to attend every

proceeding that the defendant has the right to attend47, or that victims

be sequestered only on the same basis by which defendants are

sequestered.48 Louisiana deals with the sequestration issue by providing

that victims must testify first and thereafter may attend the proceedings. Alabama allows victims to sit at the prosecutor’s table during

trial.49 Statutes to give victims the right to attend proceedings should

be adopted in more states, extended to the juvenile justice system, and

strengthened and clarified in states that already purport to provide that

right. In many states, the right to attend and be heard often attaches to

“all crucial proceedings,” with no clear definition of which proceedings

are covered by the statute.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #4

Prosecutors should provide victims an

opportunity for meaningful consultation prior

to major case decisions such as dismissal,

15

Chapter 1: Victims’ Rights
reduction of charges, or acceptance of plea

agreements. Judges should not accept plea

agreements without first asking prosecutors

on the record if they have consulted the

victim, and judges should take the views of

the victim into account before making a final

sentencing decision. Special procedures should

be developed for cases involving multiple

crime victims, such as acts of mass violence,

massive antitrust or telemarketing cases,

where consultation may be difficult. 

Many states give victims a right to consult with prosecutors. The

most common of these laws require prosecutors to consult with

victims prior to accepting plea agreements.50 Others require prosecutors to consult with victims prior to dismissing charges,

51 declining

prosecution,52 or making other disposition decisions.53 State laws also

compel consultation with victims prior to trial.54

Some states extend the right to consultation to victims in juvenile

cases.55 In addition, legislators have attempted to address victims’ lack of

knowledge about the justice system by requiring prosecutors to provide

explanations of procedures and dispositional decisions in nontechnical

language.56 Typical are the Nebraska statutes requiring consultation

“regarding the content of and reasons for the plea agreement.”57

Louisiana goes further by giving victims the right to retain private

counsel to confer with the prosecution regarding disposition.58

Enforcing victims’right to consultation, however, is another matter.

Some states specifically require prosecutors to consider the recommendations of victims when making diversion decisions. Other states

require prosecutors to confirm their consultation with the victim

before a plea agreement may be accepted. In these states, prosecutors

must state on the record that the victim was notified and the plea

discussed, or explain why consultation was not possible.59

Lack of communication about a proposed plea agreement continues

to be one of the highest sources of victim dissatisfaction with the

criminal justice system.60 Victims should have the opportunity for

meaningful consultation with the prosecutor at the plea agreement stage

or prior to the dismissal of charges.While victims should not have the

ability to veto prosecution decisions in a case, they should have a voice.

Victims’rights laws should recognize that cases involving large

numbers of victims may call for exceptions to the requirement for

victim consultation. This recognition should not, however, excuse

prosecutors from their obligation to use any appropriate and reason16

Section 1: New Directions in Victims’ Rights
able means of consulting with victims. In the Alfred P. Murrah Federal

Building bombing case, which involved hundreds of crime victims,

prosecutors held widely publicized community meetings to give

victims numerous opportunities for consultation. Representatives of

prosecutors and victims organizations should meet to develop a

protocol for ensuring appropriate consultation in cases involving

numerous victims.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #5

Crime victims should have the right to be

heard in major court proceedings including

pretrial release hearings, bail hearings, at

sentencing, and before the disposition of plea

agreements, probation, parole, and commutation. Input should be permitted through both

allocution and submission of written,

videotaped, or audiotaped statements. 

In recognition of the special safety risks victims face when offenders

are released,some states have also passed laws granting victims the

right to attend and participate in pretrial release hearings. Many legislatures have adopted laws allowing judges to consider the risks offenders

pose to the community in general and to individual victims when

ruling on their release.61 Maryland has taken the concept one step

further by passing a law that establishes a rebuttable presumption that

those accused of violent crime constitute an inherent danger to other

persons or to the community at large.62 Allowing the victim to be heard

on the issue of pretrial release helps to inform the court about the

degree of danger posed by a defendant.

Because most criminal cases are resolved through negotiated pleas,

the right of victims to be heard by judges before a plea is accepted is

essential to meaningful participation in the justice process.

In sentencing proceedings, convicted offenders traditionally have

been given the right of allocution, while their victims have not.While

all jurisdictions have adopted rights for victim input, not all states

permit allocution, an oral statement provided in court by the victim or

his or her representative. In addition, the right of victims to provide

impact statements has not been extended to all victims, including

those in the juvenile justice system. These shortfalls in existing laws

must be corrected.

States should consider adopting the use of vertical impact

statements and include them in criminal and juvenile case files at the

I don’t believe half of the

American population or

even a small portion

knows what can happen

to you when you are a

victim of a crime going

through the criminal

justice process.

A victim 

17

Chapter 1: Victims’ Rights
outset.When necessary, victims should be allowed to update these

statements to record the impact of victimization as time passes.While

the right to be heard at sentencing is well-established,statutes allowing

victim input at other stages of the justice process are just now gaining

prominence. A few states provide that victims may make a written

statement at the outset of the case; the statement then remains in the

file for the court's consideration throughout the criminal justice

proceedings.Victims should also have the right to submit audio- or

videotaped statements, or statements via teleconferencing, particularly

in parole and other postsentencing hearings, when appearing in

criminal or juvenile justice proceedings would create a physical,

emotional, or financial hardship for victims or put their safety at risk.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #6

Victims and witnesses of crime should have

the right to reasonable protection, including

protection from intimidation. The safety of

victims and witnesses should be considered in

determining whether offenders should be

released from custody prior to completing

their full sentence. 

The right to protection from intimidation, harassment, and retaliation by offenders and the accused is becoming a major focus of

public and law enforcement attention. Justice officials report an

increase in the harassment and intimidation of witnesses, making it

increasingly difficult to obtain convictions because crime victims and

witnesses are afraid to testify.

63 Legislatures have attempted to

address this problem by mandating “no contact” orders as a condition

of pretrial or posttrial release. In addition, victims’ bills of rights

generally require victims to be notified at the outset of the judicial

process about legal action they can take to protect themselves from

harassment and intimidation.

Harassment or intimidation of a victim or witness by a defendant or

convicted offender should result in automatic revocation of pretrial or

supervised posttrial release, and should be considered an aggravating

factor in sentencing. Such violations should be charged and prosecuted

under relevant antiharassment, intimidation, and stalking laws. Any

punishment imposed for the separate crime of intimidation should run

consecutively after the sanction for the original crime. All protective

orders, including those issued as a condition of release,should be

maintained in a central, automated database that can be accessed by

law enforcement and other justice officials throughout the country.

Violations of protective orders should be taken seriously,swiftly

Crime victims’ rights 

laws strive to give victims’

standing in the criminal

justice system, which is

all about them, but has

traditionally been

without them.

State Senator William 

Van Regenmorter, 

Chairman of the 

Judiciary Committee, 

Michigan Senate

18

Section 1: New Directions in Victims’ Rights
sanctioned, and enforced not only within states but across state lines in

accordance with current federal law.

Courts must have clear authority to detain defendants whose

danger to victims or others cannot be controlled adequately by other

means. Retaliation against a victim or witness when an offender is

sentenced to probation or released on parole should result in revocation of that release.

States should also increase security in the courthouse to reduce

the likelihood of violence when offenders and victims come into

contact before, during, and after justice proceedings.Waiting areas for

victims should be separate from those for defendants.Victim

awareness education should be required for corrections, parole, and

probation officials to increase their understanding of the dangers

victims face and to help them communicate with victims about their

concerns for safety.

These needs have been met in varying degrees by the states. Many

states have enacted laws requiring courts to establish separate and

secure waiting areas to protect witnesses and victims waiting to testify

from contact with a defendant or his family and friends.64 Many states

have established specific offenses for the harassment of victims and

witnesses65 and made harassment grounds for bail revocation and

reincarceration.66 Some state legislatures have provided that victims

need not submit to defense counsel requests for interviews or contact

prior to trial.67 At least 30 states have taken steps to limit or control

face-to-face confrontations at parole hearings by holding separate

proceedings for offenders and victims, permitting victims to testify

outside the presence of the offender, including outside the prison

setting, and teleconferencing offenders into parole hearings at which

only parole officials and the victim are present.68

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #7

Orders of full restitution for crime victims

should be mandatory. Restitution orders

should be automatically entered as civil

judgments at the end of the offender’s

supervisory period if not paid. Alternatively,

legislation could be enacted giving judges and

paroling authorities jurisdiction for enforcing

restitution orders until they are fully paid.

Restitution is one of the most significant factors influencing victim

satisfaction with the criminal justice process.69 While restitution has

19

Chapter 1: Victims’ Rights
always been available via statute or common law, it remains one of

the most underutilized means of providing crime victims with a

measurable degree of justice. In part, this neglect led the President's

1982 Task Force to call for mandatory restitution in all criminal cases

unless the presiding judge can offer compelling reasons why restitution should not be ordered.70 More than half of the states (29) passed

laws in response to this recommendation by the end of 1995.71 The

exceptions permitted in state restitution laws vary considerably from

state to state. South Carolina's statute requires that “compelling and

substantial” reason be given for not ordering restitution, while courts

in West Virginia need only show that restitution would be impracticable.72 In 1996, Congress made restitution mandatory in federal

criminal cases involving violent crimes with the enactment of the

Mandatory Victim Restitution Act,Title II of the Antiterrorism and

Effective Death Penalty Act.73

Historically, only persons who have suffered physical injury or

financial loss as a direct result of crime have been eligible to receive

restitution for out-of-pocket expenses. But as restitution statutes have

evolved, definitions of who qualifies and the losses covered have

broadened. Today, in some states, family members, victims’ estates, and

victim service agencies and private organizations that provide

assistance to victims are eligible for restitution.74 Definitions for

compensable losses under state restitution laws have broadened as

well. They now include the costs of psychological treatment,sexual

assault exams, HIV testing, and occupational or rehabilitative therapy, as

well as lost profits, moving and meal expenses, case-related travel

expenses, and burial expenses.

Judges should be encouraged to order full restitution, which can be

more effectively enforced through recent legislative innovations.

Offenders who willfully fail to pay risk being held in contempt, imprisoned, or having their parole or probation extended or revoked. In

some states, authorities are authorized to seize financial assets and

property to satisfy restitution orders. Other states allow restitution

orders to be enforced as civil judgments at the time of the order or at

the end of the offender's supervisory period. During incarceration,

prison wages, inheritances, federal and state income tax refunds, and

lottery winnings should be automatically attachable. Moreover,

probation and parole officials must be provided the motivation and

means to administer restitution collection, and both must play an

active role in enforcing orders when offenders refuse to pay.(For more

information on restitution,see Chapter 15.)

20

Section 1: New Directions in Victims’ Rights
VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #8

Victims should have the right to 

disposition of proceedings free from

unreasonable delay.

One of the greatest hardships victims endure in the criminal justice

process is the delay of scheduled proceedings. Just as defendants have

the right to a speedy trial,so too should crime victims. Repeated

continuances cause serious hardships and trauma for victims as they

review and relive their victimization in preparation for trial, only to

find the case has been postponed. Delays are sometimes used as a

defense tactic. As a case drags on, witnesses move away, die, give up in

frustration, or lose clear recollections of the facts. The impact of

continuances is particularly difficult for victims whose memories may

fade over time or whose health may deteriorate.

The schedule and concerns of victims should be taken into consideration by judges before they grant continuances. A disposition free

from unreasonable delay helps to ensure that victims as well as

defendants receive speedy trials and that the impact of delay on

victims is considered by judges in response to requests for continuances. Several states have already adopted such standards as law.As of

1996, 12 states gave crime victims a constitutional right to a speedy

trial or prompt disposition of proceedings.At least 13 others have

enacted statutes to give victims such a right or to ensure that their

interests are considered in rulings on continuances.75

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #9

All crime victims should have the right to a full

range of services and support to help them

recover physically, psychologically, and in

practical ways from the effects of crime,

whether or not they report the crime or

become involved in related criminal prosecutions or juvenile adjudications.

In the aftermath of victimization, victims may have many different

needs.Victims who report crime need information, assistance and

protection when they choose to participate in the criminal and

juvenile justice process. Not only should victims have the right to be

heard or consulted in decisions that affect them, but they should

receive protection if they are witnesses and transportation to and from

legal proceedings.

The vision of America

died at 9:02 a.m., April

19, 1995. Everyone feels

so personally violated

here. We have a single

mission. The goal is to go

from victim to survivor.

Jim Horn 

FBI Agent, Retired

Behavioral Sciences Unit

Quantico, Virginia

Comments following the 

Alfred P. Murrah Federal

Building bombing, 

Oklahoma City, Oklahoma

21

Chapter 1: Victims’ Rights
Victims respond differently to their experiences. Some victims may be

reluctant or unwilling to report the crimes committed against them and

may fear involvement in the justice system. For example,some battered

women may be too frightened to report violent incidents to the police.

Sexual assault victims fear the loss of privacy in coming forward to

report the crime. Other victims distrust law enforcement agencies, and

immigrants who become victims sometimes fear deportation.

Regardless of whether they report the crime, many victims need

emergency and ongoing services such as health care,shelter, lock

replacement, cash assistance,social and community services and

support, mental health counseling, victim compensation, child care

services,referrals to support groups, translators, and transportation.

Chapters 6 and 14 address these issues in greater detail.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #10

Crime victims should have fundamental 

rights that are enforced in all juvenile 

justice proceedings.

Traditionally, juvenile justice systems have been cloaked in secrecy.

Victims have had limited rights within those systems, which were

designed years ago to protect the confidentiality of juvenile offenders.

Although some state victims’ bills of rights and constitutional

amendments include rights for victims of juvenile offenders, most

states have extended only selected rights to these victims. Moreover,

victims’rights enacted on the federal level do not apply to victims of

juvenile offenders. The participation of victims in juvenile justice

proceedings is important because it recognizes the impact of the crime

on victims and encourages young offenders to consider the personal

impact of their offenses. Putting a human face on the results of their

destructive behavior helps offenders take responsibility for their

actions and deters future crime.

The rights of victims of juvenile offenders should mirror the rights

of victims of adult offenders.Victims of juvenile offenders should

receive information and notification about the status of the case and

the offender from the point of arrest through the juvenile corrections

system.Victims of juvenile offenders are frustrated by their chronic

inability to access vital information about their case due to confidentiality restrictions. Confidentiality protections for juvenile offenders

which preclude victims from receiving vital information must be lifted.

Victims of juvenile offenders should have the right to provide input

through victim impact statements.While all states now allow victim

impact statements at sentencing in the criminal justice system, only 

22

Section 1: New Directions in Victims’ Rights
28 states had extended this right to victims of juvenile offenders as of

1995.76 Without victim impact information, the financial, physical, and

emotional injuries of crime cannot be considered when determining

adequate restitution or appropriate sentencing.

Victims of juvenile offenders should have the right to restitution, and

states should aggressively pursue collection and disbursement of such

awards. Restitution is underutilized for victims of juvenile offenders.

Restitution has two important benefits. It compensates the victim for

losses suffered as a result of the juvenile’s behavior, and it holds the

juvenile accountable for the damages he or she has caused. Forty-six

states have statutory authority to order juvenile offenders to pay

restitution.77 Some states make juveniles and their parents jointly

responsible for damages in a civil action or restitution. The majority of

the statutes place limits on the amount of damages or restitution that

can be ordered.78 Nonetheless, this important right is underutilized.A

1991 nationwide study found that only 17 states collect restitution

from juvenile offenders, and only 13 state juvenile corrections agencies

disperse the restitution to victims.79

Finally, victims of juvenile offenders should have the same right to

reasonable protection they would have enjoyed had the offender in

their case been older. Half of the states give victims of adult offenders

the right to be reasonably protected from the offender during the

criminal justice process, while this right in most cases is not extended

to victims of juvenile offenders. Given the increase in violent crimes by

juveniles,80 the need for protection is plainly present.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #11

All criminal and juvenile justice agencies,

including courts, as well as victim assistance

programs, should help ensure that victims

receive information about their rights in a

form they understand. 

Justice system and allied professionals who come into contact with

victims should provide an explanation of their rights and provide

written information describing victims’rights and the services available

to them. Furthermore,rights and services should be explained again at

a later time if the victim initially is too traumatized to focus on the

details of the information being provided. Explanations of rights and

services should be reiterated by all justice personnel and victim service

providers who interact with the victim.

To provide this critical information, justice and allied professionals

need specialized training on the most effective communication

23

Chapter 1: Victims’ Rights
techniques to use with victims, including child and elderly victims,

victims who do not speak English, victims from diverse cultures, and

victims with disabilities, including those who are blind or deaf or who

have cognitive or developmental disabilities. Brochures describing

victims’rights and services should be developed in the languages used

by crime victims in each community, and all brochures and critical

victim information written in English should include a sentence

offering the literature in other languages as needed. Special provisions

should be made for communicating with victims who are blind or

visually impaired using audiotapes,special computer disks, Braille, or

other communication technologies. Service providers should be

trained to use sign language interpreters and TDD technology to

communicate with victims who are deaf or hard of hearing.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #12

Victims of crime should receive assistance in

exercising their participatory rights. Advocates

should be available to explain rights to

victims, help them to exercise those rights

and, when necessary, serve as their representatives in court and other key justice processes

when victims are underage or incapacitated or

if representation is otherwise appropriate. 

One of the greatest barriers to victims participating in justice

proceedings is their not having the means to do so. Many victims

cannot afford to pay for parking, child care, or time off from work.

Others do not have the resources to cover transportation costs to

courts, especially if the trial or hearing is held outside their community.

In these cases, every effort should be made to facilitate victim participation by providing special services such as child care, or paying for

transportation and lodging expenses. For example, in the Alfred P.

Murrah Federal Building bombing cases, government and non-profit

agencies and the private sector formed a partnership to provide

funding for victim travel expenses after the trial was moved from

Oklahoma City to Denver,Colorado in 1997.In addition,the court in

Denver set up a closed-circuit television communication in Oklahoma

City to allow victims there to view the proceedings in Denver. New

uses of technology should be considered to provide access to trials and

other proceedings for victims who are physically unable to attend them.

Furthermore, more consideration must be given to the tremendous

diversity among victims in the design and delivery of victim services.

24

Section 1: New Directions in Victims’ Rights
VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #13

States should review their victims’ rights

statutes and constitutional amendments to

determine if fundamental rights are extended

to all crime victims. 

Victims’rights in many states apply only to a special “class” of crime

victims—victims of felonies. Many serious domestic violence and drunk

driving cases prosecuted as misdemeanors are thus not covered by

victims' rights statutes. States should consider extending victims’rights

in all cases,regardless of their classification as felony or misdemeanor

or violent or nonviolent.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #14

States that have not already done so should

adopt truth in sentencing reforms to ensure

that victims know how long offenders will

actually be incarcerated.

Under traditional sentencing practices in most jurisdictions,release

dates for offenders were set by parole authorities, and the actual periods

of incarceration served by offenders had little relationship to the prison

terms specified in criminal sentences.In recent years, many jurisdictions

have adopted truth in sentencing reforms to limit or abolish parole and

to make the time an offender serves more predictable.In federal cases,

for example, parole has been abolished and “good time” credits are

limited to 15 percent of sentences, forcing federal offenders to serve at

least 85 percent of the sentence imposed in court.81

In addition to furthering penal objectives, truth in sentencing

reforms serve important interests of victims.Victims as well as the

public are entitled to know how long an offender will actually be

incarcerated.Victims should not be burdened with the anxiety that

offenders will be released prematurely, compelling them to appear

repeatedly at postconviction hearings.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #15

Federal and state laws should prohibit

employers from taking adverse action against

victims who must miss work to participate in

the criminal or juvenile justice process.

Why are there laws if 

they only protect the

criminal?

A crime victim

25

Chapter 1: Victims’ Rights
In his statement endorsing a Victims’ Rights Constitutional

Amendment on June 25, 1996, President Clinton indicated that “[t]here

ought to be . . . in every law, federal and state, a protection for victims

who participate in the criminal justice process not to be discriminated

against on the job because they have to take time off. That protection

today is accorded to jury members; it certainly ought to extend to

people who are victims who need to be in the criminal justice

process.”Without this protection, many workers cannot exercise their

fundamental right to participate in justice proceedings. All jurisdictions should adopt the reform proposed by the President, and it should

be enacted into federal law.

While protections for jurors are limited, victims should have, at

minimum,the same levels of protections as jury members. To the

extent possible, employers should be required to work with employees

and their unions to ensure that victims maintain their employment after

absences due to attendance at criminal and juvenile justice proceedings.Victims should continue to receive salaries or wages,reduced by

any witness fees received, for a designated period of time.Afterwards,

they should be able to use vacation and sick leave. In addition, judges

should be encouraged to take employment concerns of victims and

their employers into consideration when scheduling proceedings.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #16

In cases where there is good cause to believe

that bodily fluids were exchanged, victims

should have the right to be tested and to have

the accused or convicted offender tested at

appropriate times for the HIV virus and

sexually transmitted diseases. State statutes

should require these tests to be conducted by

specially trained personnel who can advise

victims of the reliability, limitations, and significance of the test, as well as HIV treatment

options. In addition, laws should specify the

agency that will pay for HIV testing and preand posttest counseling, as well as treatment

for any victims who test positive. 

According to the National Victim Center, as of the end of the 1995

legislative session, 44 states had adopted laws providing mandatory

testing of sexual offenders in cases involving sexual penetration or

other exposure to an offender’s bodily fluids. Of those, 16 make testing

mandatory before conviction, and 33 require testing after. Six states

26

Section 1: New Directions in Victims’ Rights
make testing mandatory both before and after conviction. Twenty-six

states have a mandatory testing law that applies to juvenile offenders.82

In 1990, the Federal Government passed legislation making HIV testing

of convicted sexual assault offenders mandatory for states to be eligible

for certain prison grants.83 The Violent Crime Control and Law Enforcement Act of 1994 gives Federal victims of sexual assault the right to

obtain an order requiring the defendant to submit to an HIV test, and

to obtain the results of that test.84 It also provides for follow-up testing

and counseling.

Typically, pretrial testing of defendants is left to the discretion of the

court, which must find that there has been significant exposure and

that the health and safety of the victim may be threatened. The court

is required to hold a hearing, during which the victim must show that

the defendant has been charged with a sexual offense and that the test

would provide information necessary to protect the health of the

victim and his/her partner(s). Some statutes permit a series of tests at

6-month intervals for up to 2 years to detect viruses that do not show

up on initial tests.

When victims have possibly been exposed to HIV, they should be

referred to an anonymous testing site that uses the most advanced

technologies, guarantees maximum reliability of test results, and

provides pre- and posttest counseling regarding transmission of the

virus and the testing process. If after receiving pretest counseling the

victim wants to determine the offender’s HIV status, the offender

should be tested as soon as possible, including prior to conviction,

with a second test at least 3 months later. Regardless of the decision to

test the offender or the test results, victims should be encouraged to be

tested to determine their HIV status.Although testing the offender may

be important to the victim, it should be emphasized that testing the

offender does not replace focusing on the victim’s medical and

emotional needs. Testing the victim in the immediate aftermath of a

victimization will only provide information about the victim’s HIV

status prior to the crime. If a victim was exposed to HIV during the

crime, testing 1 month and then 3 months after the event (or at other

times recommended by health authorities) will provide a clearer

indication of whether the virus was transmitted by the crime.While

there is a relatively low risk of transmission, victims who test positive

should be given access to free FDA approved medical treatments of

their choice.

Counseling is an essential part of responding to the risk of HIV

transmission in a crime.Victims may not understand the latency of the

disease, and may not fully appreciate the limited reliability of a negative

test result. States frequently require counseling in conjunction with

testing, but specifications vary widely from jurisdiction to jurisdiction.

In some states, counseling must be provided contemporaneously with

27

Chapter 1: Victims’ Rights
the test, as in Maine, where counseling must discuss the nature,

reliability, and significance of the test, as well as its confidential

nature.85 In contrast, other states such as Michigan simply require that

the agency notifying the victim of the results of the test also refer the

victim to counseling.86 Oklahoma specifies that the victim receive

counseling before and after the test.87 Florida requires the testing

agency to afford “immediate opportunity for face-to-face counseling”

when the results are revealed to the victim.88 In some states, the

statute fails to provide for counseling.

Most laws require confidentiality of test results, but advocates still

report problems with insurance companies that, upon learning of 

the victim’s HIV test or results,raise health insurance premiums or

cancel the victim’s policy altogether. Minnesota has enacted a law to

prohibit such practices.89 Wisconsin’s law provides that the results of 

a test ordered by the court will not become part of a person’s

permanent medical record. States should enact legislation to protect

victims from such practices.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #17

State and federal laws should allow, and

criminal and juvenile justice agencies should

facilitate, community impact statements as a

means for members of a neighborhood or

community that has been impacted by crime to

have input into sentencing. 

In many cases, neighborhoods and communities as well as individuals are victims of crime. This is especially true in drug, gang, and prostitution cases where criminal activity endangers and degrades entire

neighborhoods, affecting property values and quality of life issues.A

few prosecutors have pioneered the use of community impact

statements, which are, in effect, an expanded version of the victim

impact statement. For example, as noted in Chapter 3, the District

Attorney for Milwaukee,Wisconsin and the United States Attorney for

the Eastern District of Wisconsin notify members of the community

when drug arrests are made and encourage them to become involved

in the criminal proceedings by submitting impact statements. These

offices inform residents in affected neighborhoods of arrests and trial

dates and coordinate outreach efforts in concert with probation

agencies to help them prepare their statements. To encourage this

important type of participation in criminal justice proceedings, both

state and federal laws should recognize communities as victims and

permit this form of input.

It is essential to 

recognize the impact of

crime on a neighborhood

and to give residents the

information and means

to get involved.

United States Attorney 

Thomas Schneider, 

Eastern District of Wisconsin

28

Section 1: New Directions in Victims’ Rights
VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #18

Victims should have standing to enforce their

rights, and sanctions should be applied to

criminal and juvenile justice professionals

who deny victims their fundamental rights. 

Although more than 27,000 state and federal laws have been

enacted to protect and enforce the interests,rights, and services for

crime victims, the consistent implementation and enforcement of these

laws is an area of great concern.Victims report that criminal and

juvenile justice officials at times disregard their statutory and constitutional rights, and that they have no legal recourse when their rights are

violated. States should enact provisions that give victims measures to

enforce their rights when they are disregarded.

While limited legal remedies such as court-ordered injunctions and

writs of mandamus are generally available to force criminal justice

personnel to comply with the law,states are beginning to pass laws that

provide specific statutory remedies and recourse for crime victims.A

Maryland statute enables victims of violent crimes to apply for “leave to

appeal” any final order that denies victims certain basic rights.90 Arizona

law grants victims the right to challenge postconviction release decisions

resulting from hearings at which they were denied the opportunity to

receive notice, attend, or be heard.Arizona law allows victims to sue for

money damages any government entity responsible for the “intentional,

knowing or grossly negligent violation”of the victims’rights.91

It is critical that effective measures be available to remedy violations

of victims’rights, including authority for the government to obtain

redress through applications for mandamus and appeal. The need for

this reform in federal proceedings is illustrated by the first trial in the

bombing of the Alfred P. Murrah Federal Building, in which the trial

court ruled that victims would not be allowed to attend the trial if they

wished to be heard at the sentencing stage. On review, the Tenth

Circuit Court of Appeals held that victims had no standing to assert

their right to be present and that the government could not enforce

that right by appeal or by seeking a mandatory order.

92

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #19

States and the federal government should

create compliance enforcement programs,

sometimes referred to as victim ombudsman

programs, to help facilitate the implementation of victims’ rights.

29

Chapter 1: Victims’ Rights
State victims’rights compliance enforcement programs oversee

justice officials’ and agencies’ compliance with crime victims’statutory

and constitutional rights and investigate crime victim complaints

relevant to those rights being violated.93 A few states have created such

programs within an existing agency or have established a new,statelevel oversight authority. In initiating such a program, officials should

consider the importance of meaningful remedies and sanctions for

noncompliance with victims’rights laws; and ensure that victims,

victim service providers, advocacy groups, and victim-sensitive justice

professionals are involved in the program planning process. In

addition, justice agencies should consider increasing crime or court

surcharges to support a compliance enforcement functions, and should

evaluate overall compliance enforcement system.

Innovative approaches to victims’rights oversight have been

implemented in several states:

• The Minnesota Office of the Crime Victims Ombudsman (OCVO)

protects the rights of victims by investigating statutory violations of

victims’rights laws and mistreatment by criminal justice practitioners. OCVO is authorized to initiate its own investigation of alleged

violations,recommend corrective action, and make its findings

public to both the legislature and the press.

• The South Carolina Office of the Crime Victims’ Ombudsman is

empowered to act as a referral entity for victims in need of services,

a liaison between victims and the criminal and juvenile justice

systems in the course of their interaction, and a resolver of

complaints made by victims against elements of those systems and

against victim assistance programs. In addressing complaints, the

South Carolina Ombudsman program is not limited to inquiries into

violations of specific statutory rights, but may review other conduct

that is potentially unfair to victims.94

• Colorado has recently enacted a state-level coordinating committee that

serves an ombudsman function for victims’rights implementation.95

The Colorado Victims’Compensation and Assistance Coordinating

Committee and its Victims’Rights Act (VRA) subcommittee help victims

enforce their rights by overseeing the actions of local government

agencies. The subcommittee and full coordinating committee have the

power to investigate VRA violations and to recommend action with

which an agency must comply to rectify victims’ complaints. The two

bodies also monitor the implementation of those suggestions and may

refer issues of noncompliance to the governor or attorney general.96

• Wisconsin has a state-level victims’services office—the Victim

Resource Center (VRC)—which provides information and service

referrals to victims and acts as a liaison between victims and

30

Section 1: New Directions in Victims’ Rights
criminal justice agencies in resolving complaints concerning

unlawful or inappropriate agency action. Though it lacks enforcement authority, the VRC protects victims’rights by investigating

complaints and presenting its recommendations for corrective action

to state criminal justice officials. The Wisconsin legislature is

currently debating a measure that would prescribe remedies for

violations of victims’rights laws and provide for the enforcement of

Wisconsin’s victims’rights constitutional amendment.97

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #20

Federal crime victims’ rights should apply in

military proceedings.

The extensive range of information, notification, and participatory

rights that have been enacted on the federal level should be fully

implemented for victims’rights within military justice proceedings.

Some victims’rights established at the federal level are not

implemented in military courts. Restitution for victims is frequently

ordered as part of sentences for federal crimes, but there is no authority to do so under the Uniform Code of Military Justice.98 Moreover, the

military justice system has failed to adopt “truth in sentencing” reforms

and continues to parole offenders, a practice that generally has been

abolished in federal criminal cases. The Uniform Code of Military

Justice should be amended to make restitution mandatory.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #21

Indian tribes should review their legislation,

policies, and court systems to enhance the

fundamental rights of Native American victims. 

There are 621 federally recognized tribes in the United States; each

of these tribes is a separate sovereign with legislative and adjudicatory

authority. There are 242 separate tribal court systems, trial and

appellate, as well as numerous traditional dispute resolution forums

unique to each tribal culture.99 While many major crimes that occur in

Indian country are prosecuted in federal or state courts, tribes retain

concurrent criminal jurisdiction over Native American defendants.100

Moreover, tribal courts are often the sole forum for prosecuting crimes

and juvenile offenses involving child abuse and domestic violence.

Tribes should analyze and amend their laws and policies, as well as

observe and change procedures of their courts, law enforcement

offices, and human services agencies in order to protect and enhance

the fundamental rights of Native American victims. Tribes should

31

Chapter 1: Victims’ Rights
establish joint tribal-state and federal forums to ensure that Native

American victims are not lost in the jurisdictional complications of

Indian country. They should also train their leaders, justice personnel,

and community members on prevention measures and effective

responses to crime in Indian country.

Not withstanding political pressures and lack of economic resources,

a number of tribes have successfully implemented crime victims’rights

ordinances, mandatory arrest policies for domestic violence,safe

houses, community education projects, and an array of culturally

appropriate systems for protecting Native American crime victims. Some

tribes have included the rights of crime victims in their codes. For

example,the Uniform Sentencing Policy of the Courts of the Navajo

Nation includes the rights for victims to have input into plea

agreements, proposed sentences, and restitution decisions. The Salt

River Pima-Maricopa Indian Community Council passed a Children’s Bill

of Rights, and the Crow Tribal Council developed rights for domestic

violence victims that are set forth in its Domestic Abuse Code.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #22

Victims of crime should have rights at

administrative proceedings, including the right

to have a person of their choice accompany

them to the proceedings, the right to input

regarding the sanction, and the right to notification of the sanction. 

Agencies and institutions that seek to hold their employees or

students accountable for their alleged criminal or negligent behavior

often do so through administrative proceedings, including disciplinary

hearings on college campuses in sexual assault cases and other crimes

that violate college rules. Governmental and private sector organizations also conduct administrative hearings when an employee is

accused of misconduct, which sometimes also constitutes a criminal

act. These hearings are held to determine whether an employee or

student should be dismissed or sanctioned.

Victims often complain about their lack of rights and protections at

these hearings. For example, at disciplinary hearings on college

campuses and in schools, as well as administrative proceedings when

criminal justice personnel are accused of conduct violations, victims

are frequently not allowed such fundamental rights as the right to be

accompanied by a person of their choice and the right to submit a

victim impact statement before the offender is sanctioned.Agencies

and institutions should review their disciplinary codes and ensure that

From tribal police

intervention to tribal

court proceedings, the

victims of violent crime in

Indian country must have

rights available to them.

They must be informed of

their rights, encouraged to

exercise their rights, and

be protected from further

harm. This is the basic

responsibility of a tribal

criminal justice system.

Joseph Myers, 

Executive Director, 

National Indian Justice Center 

32

Section 1: New Directions in Victims’ Rights
fundamental victims’rights are incorporated. In addition, all cases

involving criminal conduct should be referred to law enforcement for

further investigation.

State laws should be strengthened to ensure that these victims

receive appropriate rights. For example, California recently amended its

Education Code to provide victims of sexual assault and harassment in

public schools with the rights to: be accompanied by a parent or other

support person during testimony in disciplinary hearings; adequate

notice prior to being called to testify; testify at a hearing closed to the

public; and have evidence of irrelevant sexual history excluded.101 The

law also requires school districts to take further steps to provide a

nonthreatening environment for child victims by adopting procedures

that have become the standard across the country for children who

testify as witnesses in other legal proceedings. Support for the law was

initiated by the Santa Monica-UCLA Rape Treatment Center after the

rape of a 12-year-old middle school student in a Los Angeles school by

a fellow student. She had to face the accused attacker, his parents, and

his attorney alone during an expulsion hearing.102

The Student Right to Know Campus Security Act of 1990,

103 and The

Campus Sexual Assault Victims’ Bill of Rights104 passed by Congress

should be fully implemented. These laws should be amended to ensure

that the same rights to be informed, present, and heard in criminal

proceedings apply equally to disciplinary proceedings in school settings.

Other victims whose rights are woefully overlooked are victims of

mentally ill offenders whose cases are adjudicated through an involuntary mental commitment process.Where applicable, these victims

should receive the same rights as other victims, including the right to

receive notice of release.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #23

Criminal and juvenile justice agencies should

establish a means of monitoring their own

compliance with crime victims’ rights laws

and require public documentation showing

that victims were provided their rights or

indicating an appropriate reason why they

were not. In addition, independent audits

should be conducted of state and federal

agency compliance with victims’ rights laws.

Criminal and juvenile justice agencies and institutions should

develop and implement policies and procedures to ensure that all

33

Chapter 1: Victims’ Rights
crime victims are afforded the opportunity to exercise their rights.

Monitoring should be mandatory at all stages of the justice systems.

Criminal and juvenile justice agencies should document whether or

not crime victims receive notice of and an opportunity to exercise

their rights and, if not, why not. Such documentation is a significant

step toward holding officials accountable and will enable agencies to

monitor their compliance with legal mandates.

Further information is needed about the level of state and federal

compliance with victims’rights laws to determine how to improve

implementation of these laws. This information should be obtained

through independent audits that can evaluate levels of compliance and

propose needed reforms to improve the system.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #24

Introductory and continuing education for all

criminal and juvenile justice professionals

should address victims’ rights, needs, and

services, and incorporate involvement from

crime victims themselves. 

To increase compliance with victims’ rights laws,states must make

education on the rights of crime victims a priority during orientation

and continuing education training programs for criminal and juvenile

justice officials. Implementing victims’ rights remains the responsibility of these officials. They must be educated about the importance of

their victim-related responsibilities and sensitized to the critical needs

of crime victims.

Training programs for law enforcement officers, prosecutors, and

judges, as well as probation, parole, and corrections officials, have

been developed and implemented on a broad scale through training

and technical assistance grant projects funded by the Office for

Victims of Crime. Some institutions responsible for educating and

training these professionals are beginning to incorporate victimrelated sensitivity training into their permanent curricula. In some

states,such training is mandated by statute, but in others, the incorporation of victims’ issues is voluntary.

105

Victim input into such educational programs is critical.Victim

impact panels provide a vehicle for victims to tell justice professionals

firsthand about the physical, financial, and emotional impact of crime.

Developed by Mothers Against Drunk Driving as an educational tool in

court-ordered probation programs for DUI offenders, and for youth

offenders by the California Youth Authority, they are increasingly being

34

Section 1: New Directions in Victims’ Rights
incorporated into numerous types of programs.106 Moreover, victim

sensitivity education and state-of-the-art curricula in victim issues must

be included in academia in the fields of health care, medicine, psychology,social work, theology, business, law, and education.

VICTIMS’ RIGHTS RECOMMENDATION FROM THE FIELD #25

New funding mechanisms must be developed

to support the expansion and implementation

of victims’ rights and services nationwide. 

Since its establishment in 1984, the Crime Victims Fund has

provided more than $2 billion to states to help implement victims’

rights and services.Additional financial resources are needed at the

federal,state, and local levels, however, to ensure consistent, comprehensive implementation of victim rights’ laws and the provision of

needed services to every crime victim.

While a federal constitutional amendment would provide the legal

framework for securing victims’rights, many justice officials and victim

advocates believe that the lack of implementation of rights is due in

part to inadequate funding. In many places, a lack of funding has had

the practical effect of denying victims their basic rights.

One potential new source of revenue on the federal level is funding

generated under the False Claims Act, which triples the damages and

penalties imposed in civil cases involving fraud against the federal

government.107 In past years,several hundred million dollars have been

deposited into the Federal Treasury from judgments rendered in these

cases.A significant portion of these funds should be used to ensure

that state and federal victims’rights laws are enforced. In addition,

provisions should be made to provide needed counseling to “whistle

blowers” in these cases because they often suffer serious personal and

professional consequences for reporting these crimes.

Another promising source of funding for crime victims is the Federal

Racketeer Influenced and Corrupt Organizations Act,referred to as

RICO.

108 RICO makes it a federal crime to engage in activities related to

a “pattern of racketeering activity” related to the operation of any

“enterprise” engaged in, or affecting, interstate commerce.109 Penalties

for violation of RICO include fines up to $25,000 and prison terms up

to 20 years, in addition to allowing the government to bring forfeiture

proceedings against the organizations and the individuals involved in

the organizations. Since the statute also specifically allows victims to

bring civil suits in federal civil court for damages up to three times

their actual economic damages and attorneys fees, victims (particularly

victims of economic crimes such as fraud) should be made aware of

Fairly early in the history

of the victims’ movement,

victim ‘counselors’ were

taught that they also had

to become victim

‘advocates’ if their clients

were to avoid revictimization by the very institutions

that were meant to help

them. In time, the

advocates were taught that

‘case advocacy’ was

insufficient to ensure that

the dignity of crime victims

was to be respected—their

rights to be heard had to

be codified in law. Those

who taught us these lessons

include legal scholars,

mental health researchers,

and a host of other

thoughtful academics. But

most of all it was the

victims themselves, against

whom palpable injustices

were being committed

daily, who taught us that

providing effective victim

assistance is impossible in

the absence of effective

victim rights.

John H. Stein, 

Deputy Director, 

National Organization for

Victim Assistance

35

Chapter 1: Victims’ Rights
their right to bring RICO actions against such offenders. Congress

should also consider earmarking RICO fines and forfeitures to benefit

crime victims in the same manner as most other federal criminal fines.

States depend on a variety of sources to fund victim assistance

programs, and they must communicate more with each other about

which strategies have been most successful. Sources of funding include

following the VOCA funding formula of criminal fines and penalty

assessments; using a portion of license fees such as fees for marriage

licenses; incorporating checkoff boxes for donations to victim services

on tax forms; inmate fund raisers; dedicating special, one-time legislative appropriations; and incorporating victim services funding into the

annual legislative appropriations process.

More than half of the states impose some type of additional penalty

assessment or cost as a condition of an offender’s sentence to be used

to provide funding for general victim services and assistance. Some

states attach a nominal $5 or $10 court fee in all cases.110 Other states

take into consideration the severity of the offense or the offender’s

age, and establish enhanced assessments in relation to such factors.111

Another group of states bases offender penalties on the other courtimposed fines and penalties, adding on a certain percentage of the fine

and/or penalty as a type of surcharge.112 Still other states use a

combination of approaches.113

In most states, license fees are used for a specific type of service as

opposed to general victim assistance. The most prominent of these

are fees attached to marriage licenses which generally are used to

fund domestic violence shelters and programs.114 In other instances,

the additional fees for marriage licenses or birth certificates are used

for funding of child abuse treatment and prevention.115 A number of

states include income tax designations as an income source for

children’s trust funds which provide services to abused or neglected

children.116 Michigan estimates the costs of providing crime victims’

rights services as well as the estimated revenue available for such

services. The legislature is then notified to determine whether an

appropriation should be requested.117

In Missouri, a special appropriation in 1996 financed the construction of shelters for battered women across the state. Oregon takes a

percentage of punitive damages off the top of civil suits to fund victim

compensation and assistance programs. States are also exploring

creative funding mechanisms such as tapping into lottery money, taxes

on tourism, and fees for hunting, gaming, and liquor licenses.

In a survey of state VOCA administrators conducted for this report, a

majority responded that establishing a stable, predictable funding base

for victims’services was one of the greatest challenges to implement36

Section 1: New Directions in Victims’ Rights
ing comprehensive victims’services. Collections under VOCA have

been unusually high in the past two years; however,since collections

may fluctuate in future years,states must expand their sources of

funding to protect and expand the remarkable advances for crime

victims made in the past two decades.

On the local level, communities also must begin to fund victim

assistance programs.Voters in Washtenaw County, Michigan were the

first in the nation to approve a special one-time millage or tax to build

and provide funding for a countywide domestic violence shelter. In

some communities such as Maricopa County, Arizona, and San Diego,

California, private foundations have been established to provide

financial compensation to victims as well as to support local victim

service programs.

In other communities victim services funds are designated as an

“untouchable” portion of the city’s budget. In Jacksonville, Florida, city

funds are combined with state and federal funds to support a comprehensive victim services center. Local annual funding for the center is

currently about $900,000. It includes all of the profits from the county

prison’s canteen. Center staff screen 2,300 police reports monthly for

appropriate outreach and work with 1,400 victims each month, providing a wide range of services. The philosophy of Jacksonville’s approach

is to establish crime victim services in such a way that victim

assistance becomes an essential part of the infrastructure of the

community, not an afterthought funded through sporadic or discretionary funding mechanisms.

37

Chapter 1: Victims’ Rights

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 National Organization for Victim Assistance, 1988 NOVA Legislative Directory,Washington, D.C.: National

Organization for Victim Assistance, 1988:191.

2 Victim Witness Protection Act of 1982, Pub. L. No. 97-291, § 4, 96 Stat. 1249 (codified at 18 U.S.C. §§ 1512-1515;

Fed. R. Crim. P. 32); President’s Task Force on Victims of Crime, Final Report,Washington, D.C.: U.S. Government

Printing Office, December 1982.

3 Office of Justice Programs, President’s Task Force on Victims of Crime: Four Years Later,Washington, D.C.: U.S.

Government Printing Office, May 1986:4.

4 As of November 1997, victims’rights constitutional amendments have been ratified by voters in the following

29 states:AL,AK,AZ, CA, CO, CT, FL, ID, IL, IN,KS, MD, MI, MO, NE, NV, NJ, NM, NC, OH, OK, OR, RI, SC,TX, UT,VA,

WA, and WI.

5 The National Victim Center’s Legislative Tracking Database Project has collected, as of May 1996, more than

27,000 federal and state statutes related to the rights and interests of crime victims.The Center utilizes nearly

1,000 victim issue categories and subcategories to catalog the statutes.

6 National Victim Center, 1996 Victims’ Rights Sourcebook:A Compilation and Comparison of Victims Rights

Laws,Arlington,VA: National Victim Center, 1997:§ 9 (hereinafter 1996 Victims’ Rights Sourcebook). As of

1995, the following states provide victims a right to attend most criminal justice proceedings: AL,AK,AZ,AR,

CA, CO, CT, DE, FL, GA, ID, IL, IN, IA, KS, LA, MA, MI, MS, MO, NH, NJ, NM, OH, OK, SC, SD,TX, UT,VA,WA,WI. In

November 1996, North Carolina, Oregon and Nevada passed constitutional amendments that, for the first time,

guaranteed such access to victims. N.C. CONST., art. I, § 37(1)(a); OR. CONST., art. 1, § (1); NEV. CONST., art. 1, §

8(b). In addition, at the same time, Connecticut, Oklahoma, and South Carolina elevated to constitutional level

rights of access previously provided by statute. CONN. CONST., art. 17(b); OKLA. CONST., art. II, § 34(A); S.C.

CONST., art. I, § 24(A).

7 Id. States providing for oral testimony or a statement by the victim at a sentencing hearing are:AL,AK,AZ,AR,

CA, CO, CT, DE, FL, GA, HI, IL, IN,KS, LA, ME, MD, MA, MI, MN, MO, MT, NB, NV, NH, NJ, NY, ND, OH, OK, OR, RI,

SC, SD,TN,WV, UT,VT,WA,WI,WY.

8 Id. at § 9 (Table 9-B).

9 Violence Against Women Grants Office, Domestic Violence and Stalking:The Second Annual Report to

Congress,Washington, D.C.: U.S. Department of Justice, Office of Justice Programs,Violence Against Women

Grants Office, July 1997 :15

10 Szymanski, L., Rights of Victims of Juvenile Crimes Statutes Analysis, 1993 Update, National Center for Juvenile

Justice, 1994:1-9. See also National Victim Center, 1996 Victims’ Rights Sourcebook, § 13 (discussions of

victims’rights at the juvenile level).

11 See generally, Beatty, D., S. Howley, and D. Kilpatrick, Statutory and Constitutional Protection of Victims’

Rights: Implementation and Impact on Crime Victims, Sub-Report: Crime Victim Responses Regarding

Victims’ Rights,Arlington,VA: National Victim Center, 1997.

12 Victim Witness Protection Act of 1982, Pub. L. No. 97-291, § 4, 96 Stat. 1249 (codified at 18 U.S.C. §§ 1512-1515;

Fed. R. Crim. P. 32); President’s Task Force on Victims of Crime, Final Report.

13 Id. at § 2(b),reprinted at 18 U.S.C. § 1512.

38

Section 1: New Directions in Victims’ Rights
14 U.S. Department of Justice, Guidelines for Victim and Witness Assistance,Washington, D.C.: U.S. Department of

Justice, Office of the Attorney General, 1983.These Guidelines have been revised several times, and between

1983 and 1995, the title was changed to Attorney General Guidelines for Victim and Witness Assistance.The

Guidelines will be revised and reissued in fiscal year 1998.

15 Crime Control Act of 1990, Pub. L. No. 101-647,Title V, §§ 502-503, 104 Stat. 4820 (codified at 42 U.S.C. §§

10606-10607 (1990)).

16 42 U.S.C. § 10606(a); U.S. Department of Justice, Attorney General Guidelines for Victim and Witness

Assistance, Washington, D.C.: U.S. Department of Justice, Office of the Attorney General, 1995:2,5 (hereinafter

1995 A.G. Guidelines).

17 Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,Title IV, §§ 40113, 40221, 40503;

Title XXV, § 250002(a)(2);Title XXIII,§ 230101(b), 108 Stat. 1904-2078 (codified at 42 U.S.C. §10607(c)(7),

14011(b); 18 U.S.C. §§2263-2264, 2248, 2259 and at Fed. R. Crim. P. 32 (1994)).

18 Megan’s Law amendment to the Jacob Wetterling Crimes Against Children and Sexual Violent Offender Act, 42

U.S.C. §14071.

19 18 U.S.C. §2261A.

20 President’s Task Force on Victims of Crime, Final Report,114-115.

21 For further information,see “Constitutional Amendments for Crime Victims” by J. H. Stein, available from the

National Organization for Victim Assistance in Washington, D.C. NVCAN was created following a meeting

sponsored by the National Organization for Victim Assistance (NOVA) and Mothers Against Drunk Driving

(MADD) in 1985. Robert Preston, president of the Florida-based Justice for Surviving Victims forcefully

advocated that the group support the Task Force recommendation for a victims’rights amendment to the

federal constitution. The coalition has grown to include many other victims, advocates, elected officials, and

others from local,state, and national groups that represent all types of criminal victimization.

22 This information has been compiled by the National Victims’ Constitutional Amendment Network,(NVCAN) and

the National Victim Center and appears in NVCAN’s 1996 Constitutional Amendment Action Kit.

23 President’s Task Force on Victims of Crime, Final Report, 51.

24 Id.

25 Bourque, B., and R. Cronin, Helping Victims and Witnesses in the Juvenile Justice System:A Program

Handbook,American Institutes for Research, Office of Juvenile Justice and Delinquency Prevention,April 1991.

26 Since the release of the report in 1982, the number of crimes committed by juveniles skyrocketed between

1985 and 1994, and juvenile crime became much more violent. Between those years, murder arrests of

juveniles increased 150 percent,robbery arrests of juveniles increased by 57 percent, and aggravated assault

arrests of juveniles increased by 97 percent. Snyder, H. ET AL., Juvenile Offenders and Victims: 1996 Update

on Violence: Statistics Summary,Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Office

of Juvenile Justice and Delinquency Prevention, February 1996:12 (report prepared by the National Center for

Juvenile Justice, National Council of Juvenile and Family Court Judges). Crimes committed by juveniles against

juveniles is also a growing concern. In 1992, 1.5 million violent crimes were committed against juveniles aged

12 to 17, a 23 percent increase in just 5 years. Moone, J., Juvenile Victimization: 1987-1992, Washington, D.C.:

U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, June 1994:1. However, in

1995, violent juvenile crime arrests—contrary to predictions—declined by three percent. In relative terms this

decline was small, but the nature of the decline gives hope for the future. The decline in juvenile murders in

1995 was mostly in gun-related murders by African-American males.“What’s Behind the Recent Drop in Juvenile

Violent Crime?” Juvenile Justice,Volume III, Number 2,Washington, D.C.: U.S. Department of Justice, Office of

Juvenile Justice and Delinquency Prevention, September 1997.

39

Chapter 1: Victims’ Rights
27 National Victim Center, 1996 Victims’ Rights Sourcebook, § 13 (Table 13-A,Victims’ Rights at the Juvenile Level).

As of 1996, only Arkansas, Nebraska, North Dakota, South Dakota and the District of Columbia do not allow the

court to order restitution from juvenile offenders.

28 Id.

29 Id.

30 Id.

31 Id.

32 Id.

33 Id.;TEX. JUV. JUS. CODE ANN. § 57.002 (2) (West).

34 National Victim Center Legislative Tracking Database Project, §13. As of 1995, the constitutions of Alaska,

Idaho and Missouri provide rights for victims of juvenile offenders; the constitutions of Arizona and Utah permit

the legislature to extend the rights to juvenile proceedings. In addition, in November 1996, the constitutions of

Oregon and South Carolina were amended to provide rights to victims at the juvenile level. OR. CONST., art. 1, §

1(1); S.C. CONST., art. 1, § 24(A)(1). Moreover, the constitution of Oklahoma was amended to authorize the

legislature to extend the rights to juvenile proceedings. OKLA. CONST., art. 2, § 34(C) (amended 1996).

35 Bourque, B. and R. Cronin, Helping Victims and Witnesses in the Juvenile Justice System:A Program Handbook,

Washington, D.C.: Office of Justice Programs, Office of Juvenile Justice and Delinquency Programs 1991.

36 Seymour,A. and S. English, Report and Recommendations on Victims of Juvenile Crime,American Correctional

Association Victims Committee, 1994:17-18.

37 Coordinating Council on Juvenile Justice and Delinquency Prevention, Combating Violence and Delinquency:

The National Juvenile Justice Action Plan - Report,Washington, D.C.: U.S. Department of Justice, Office of

Justice Programs, Office of Juvenile Justice and Delinquency Prevention, March 1996.

38 National Victim Center, 1996 Victims’ Rights Sourcebook, §13.

39 August 1996,Keynote address, annual conference of the National Organization for Victim Assistance.

Tulsa, Oklahoma.

40 Among victim groups and criminal justice and other allies endorsing a Victims’ Rights Constitutional

Amendment as of November, 1997, are:Association of Traumatic Stress Specialists, Concerns of Police Survivors

(COPS), Mothers Against Drunk Driving, National Association of Crime Victim Compensation Boards, National

Center for Missing and Exploited Children, National Coalition Against Sexual Assault, National Organization for

Victim Assistance, National Victim Center, Neighbors Who Care, Parents of Murdered Children, Security on

Campus,Victim Assistance Legal Organization,American Correctional Association, the Victims’ Committee of the

International Association of Chiefs of Police, the National Criminal Justice Association, and the National

Governors Association. Victim groups and other national organizations that have expressed opposition to a

federal crime victims’rights amendment include: the American Civil Liberties Union, Murder Victims Families

for Reconciliation, the NOW Legal Defense and Education Fund, the National Clearinghouse for the Defense of

Battered Women, National Network to End Domestic Violence, and the National Legal Aid and Defender Association. The Criminal Law Committee of the Judicial Conference of the United States and the Conference of Chief

Justices have expressed concerns.

41 Beatty, D., S. Howley, and D. Kilpatrick, Statutory and Constitutional Protection of Victims’ Rights: Implementation and Impact on Crime Victims, Sub-Report: Crime Victim Responses Regarding Victims’ Rights, Arlington,

VA: National Victim Center, 1997.

42 Id.

40

Section 1: New Directions in Victims’ Rights
43 Id.

44 Id.

45 GA. CODE ANN. § 16-5-93 (1993).

46 ARK. R. EVID. 616 (right to be present);ALA. R. EVID. 615 (exception to witness exclusion rule for victims); OR. R.

EVID. 615 (same).

47 ARIZ. REV. STAT.ANN. § 13-4420; MO. CONST.,Art. 1, § 32.

48 ALA. CODE § 15-14-54; ILL. COMP. STAT.ANN. § 725-120/4(5); S.D. CODIFIED LAWS § 23A-24-7.

49 ALA. CODE §§ 15-14-51 to -57 (victim has right to be present and to sit at prosecutor’s table). Maryland has also

attempted to extend the victim’s right to attend to include “attendance” by the homicide victim through an “in

life” photograph at the trial of the defendant. This extension is under consideration in the Maryland courts. See

Maryland v. Broberg, No. 95-22,(Ct.App. Md.)

50 As of 1995, 29 states required the prosecutor to consult with the victim or obtain the victim’s views prior to

entering a plea agreement. See National Victim Center, 1996 Victims’ Rights Sourcebook, 135-37.

51 By 1995, fourteen states required the prosecutor to consult with the victim prior to dismissing charges. See

National Victim Center, 1996 Victims’ Rights Sourcebook, 135-37.

52 Four states required victim consultation by the prosecutor regarding decision not to prosecute the case, as of

1995. See National Victim Center, 1996 Victims’ Rights Sourcebook, 135-37.

53 Such disposition decisions include pretrial diversion,reduction of charges, and sentence recommendation. See

National Victim Center, 1996 Victims’ Rights Sourcebook, 135-37.

54 As of 1995, ten states specifically required a prosecutor to consult with a victim prior to trial, but other states

gave victims a general right to consult the prosecutor. National Victim Center, 1996 Victims’ Rights

Sourcebook, 135-37.

55 See e.g., FLA. STAT.ANN. § 960.001(1)(e)(1) (1996); HAW. REV. STAT. § 801D-4(1) (1996); See also National Victim

Center, 1996 Victims’ Rights Sourcebook, § 13 (discussing victims’rights at the juvenile level).

56 N.D. CENT. CODE § 12.1-34-02 (1996); See also National Victim Center, 1996 Victims’ Rights Sourcebook, §5

(discussing victims’right to confer with the prosecutor).

57 NEB. REV. STAT. § 23-1201, § 29-120 (1996).

58 LA. REV. STAT.ANN. § 46:1844 (1996).

59 See e.g.,ARIZ. REV. STAT.ANN. § 13-4423 (1996); DEL.CODE ANN. tit. 11, § 5106 (1996); IND. CODE ANN . § 35-35-3-

2 (1996); See also National Victim Center, 1996 Victims’ Rights Sourcebook, § 5 (discussing victims’right to

confer with the prosecutor).

60 See North Carolina Victim Assistance Network, The Status of Victim Services & Rights in North Carolina, North

Carolina: North Carolina Victim Assistance Network, 1994:4.

61 See e.g., DEL. CODE ANN. tit. 10, § 940; ILL. COMP. STAT.ANN. § 725-5/110-4;KAN. STAT.ANN. § 22-2802.

62 MD. CODE ANN. art. 27, §616 2(a-l) (1993).

63 Duggan, P.,“Reward Program Targets Witnesses to D.C. Homicides,” Washington Post, March 23, 1994.

41

Chapter 1: Victims’ Rights
64 E.g.,ARIZ. REV. STAT.ANN. § 13-4331 (West 1991);ARK. CODE ANN. § 16-21-106(a)(5) (1983); N.Y. EXEC. § 642(2)

(McKinney 1986); See also National Victim Center, 1996 Victims’ Rights Sourcebook, § 4 (discussing victims’

right to protection from offender harm).

65 E.g., COLO. REV. STAT. § 18-8-704 (1990); ILL. COMP. STAT. Ch. 720, § 5/32-44a (1993);KY. REV. STAT.ANN. § 524.05

(1986).

66 E.g.,ARIZ. REV. STAT.ANN. § 18-1-1001 (1991); D.C. CODE ANN. §§ 23-1321, 23-1329 (1981); N.Y. CRIM. PROC. §

530.13 (McKinney 1986).

67 E.g.,ARIZ. REV. STAT.ANN. § 13-4433 (1991); OR. REV. STAT. § 135.970(2) (1987). Oregon’s 1996 constitutional

amendment for victims’rights contains a similar provision. OR. CONST., art. I, § 1(d). It is not yet clear how the

statutory and constitutional provisions will interact.

68 E.g., ILL. COMP. STAT. Ch. 730, § 5/3-3-4(7) (1996); S.C. CODE ANN. § 24-21-710 (Law Co-op. 1995). See also

National Victim Center, 1996 Victims’ Rights Sourcebook, §4 (discussing victims’right to protection from

offender harm), §9,(as of 1995, a total of 43 states allow victims to be heard at parole hearings). National

Victim Center ET AL., National Victim Services Survey of Adult and Juvenile Corrections and Parole Agencies

Final Report, Arlington,VA: National Victim Center, September 1991:14.

69 See Smith, B., ET AL.,Improving Enforcement of Court-Ordered Restitution: Executive Summary,American Bar

Association,Washington, D.C.:1989:15.

70 President’s Task Force on Victims of Crime, Final Report,18, 34, 72 and 78-80.

71 National Victim Center, 1996 Victims’ Rights Sourcebook, § 11.

72 S.C. CODE ANN. § 16-3-1530 (1996);W.VA. CODE ANN. § 61-11A-4 (1996).

73 The Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.

L. No. 104-132 (1996), 18 U.S.C. § 3663A (1996).

74 National Victim Center, 1996 Victims’ Rights Sourcebook, § 11 (discussing victims’right to restitution from the

offender).

75 National Victim Center, Legislative Database, Arlington,VA: 1997.

76 See National Victim Center, 1996 Victims’ Rights Sourcebook, § 13 (Table 13-A).

77 Id.

78 As examples,see CONN. GEN. STAT. §52-572 (civil liability, limited to $5,000); NEV. REV. STAT. § 41.470 (civil

liability, limited to $10,000); N.M. STAT.ANN. § 32A-4-26 (civil liability; limited to $4,000),TEX. FAM. CODE ANN.

§54.041 (restitution).

79 Seymour,A.,National Victim Services Survey of Adult and Juvenile Corrections and Parole Agencies: Crime

Victims and Corrections: Implementing the Agenda for the 1990s,Arlington,VA: U.S. Department of Justice,

Office for Victims of Crime/National Victim Center, 1991.

80 Snyder, H. ET AL.,Juvenile Offenders and Victims: 1996 Update on Violence: Statistics Summary,Washington,

D.C.: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, February 1996:12 (report prepared by the National Center for Juvenile Justice, National Council of Juvenile

and Family Court Judges).

81 See 18 U.S.C. §3624.

82 See National Victim Center, 1996 Victims’ Rights Sourcebook, § 8:205.

42

Section 1: New Directions in Victims’ Rights
83 42 U.S.C.§ 3756.

84 Violence Against Women Improvements Act, 42 U.S.C. §14011.

85 ME. REV. STAT.ANN. tit. 5 §§ 19203 et.seq.

86 MICH. COMP. LAWS §333.5129.

87 OKLA. STAT. tit. 63 §§ 1-524.-525.

88 FLA. STAT.ANN. § 960.003

89 MINN. STAT. § 72A-29

90 MD. CODE ANN.Art. 27, § 776 (1993).

91 ARIZ. REV. STAT.ANN. § 13-4437 (West 1991).

92 United States v. McVeigh, 106 F.3d 325 (1997)

93 The concept of a victim ombudsman was first discussed in Dussich, J.,“The Victim Ombudsman:A Proposal,” in

Victimology:A New Focus,Volume II, Society’s Reactions to Victimization, Eds. I. Drapkin and E.Viano. Lexington, MA: Lexington Books, 1974.

94 South Carolina Victim Ombudsman Program, S.C. CODE ANN. § 16-3-1610.

95 COLO. REV. STAT. § 24.4.1-117.5(2)(a) (1996) Colorado Coordinating Committee.

96 COLO. REV. STAT. § 24-4.1-303(17) (1992).

97 Wisconsin Victim Resource Center: WISC. STAT.ANN. § 950.08.

98 See 18 U.S.C. §§3663, 366A; 42 U.S.C. §10606(b) (6).

99 Notice of Indian Entities Recognized and Eligible to Receive Services from the U.S. Bureau of Indian Affairs, 61

Fed. Reg. 58211 (1996). As of 1996, the Bureau of Indian Affairs (BIA) had officially recognized a total of 621

Indian entities, including tribes and Native Alaskan villages.

100 United States v. Wheeler, 435 U.S. 313 (1978); Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).

101 CAL. EDUC. CODE §§48918, 48918.5, as amended by 1996 Cal. Stat. Ch. 915 §4 (A.B. 692).

102 Pyle,A.,“New Rights for Campus Victims,” Los Angeles Times, Wednesday, October 2, 1996.

103 The Student Right to Know and Campus Security Act of 1990,Title II, P.L. 101-542 (1990) and 20 U.S.C.

§1092(f)(1-6).

104 Campus Sexual Assault Victims’ Bill of Rights, 20 U.S.C. §1092(f)(7) (1992).

105 See e.g., FLA. STAT.ANN. § 943.172 (1996) (training for law enforcement, probation, and other corrections

officials); N.J. STAT.ANN. § 52:4B-47 (1996) (training for police, assistant prosecutors, county detectives, and

investigators).

106 A how-to booklet and video on implementing victim impact panels or manuals for victim impact classes is

available from Mothers Against Drunk Driving.

107 See False Claims Act, 31 U.S.C. §§ 37-31. A draft bill being developed by Senators Leahy and Kennedy in May of

1997 proposes using a portion of the money collected under the False Claims Act to fund victim services.

108 18 U.S.C. §1962.

43

Chapter 1: Victims’ Rights
109 Id.

110 For example,see KY. REV. STAT.ANN. § 346.185.

111 For example,see WIS. STAT.ANN. § 973.045.

112 For example,see UTAH CODE ANN. § 63-63a-1.

113 For example,see COLO. REV. STAT.ANN. § 24-4.2-104.

114 For example,see IDAHO CODE § 39-5213.

115 For example,see MISS. CODE ANN. § 93-21-305.

116 For example,see ALA. CODE §§ 26-16-30 and 31.

117 MICH STAT.ANN. § 28.1287(909).

44

Section 1: New Directions in Victims’ Rights
SECTION II

New Directions

for Criminal and

Juvenile Justice

System Agencies

When a person is harmed by a criminal act,

the agencies that make up our criminal

and juvenile justice systems have a moral

and legal obligation to respond. It is their responsibility not only to seek swift justice for victims, but

to ease their suffering in a time of great need.This

section focuses on improving how well justice

agencies carry out these critical but often neglected

responsibilities. It is based on extensive input from

the field, including background papers submitted

by experts and working groups of leading professionals in each field that separately addressed each

element of the justice system.

The discussion is divided into chapters on each component of the justice system—law enforcement,

prosecution, the judiciary, and corrections. For professionals working in these disciplines, the field

urges action in two crucial areas: more aggressively

enforcing victims’ rights and making a true commitment to helping victims exercise those rights. Specifically, the field’s recommendations urge enhanced

training on victims’ issues and cultural competency,

victim input through advisory boards and committees, development of specific policies, procedures,

and programs to institutionalize improved treatment

of and responsiveness to victims, dissemination of
information to victims, coordination of efforts across

disciplines through team approaches; accountability

through requiring victim assistance and sensitivity in

employee evaluations; and evaluation of agency

victim-witness efforts in accomplishing these tasks.

Recommendations also encourage increased use of

technology to better serve victims, development of

programs on staff victimization, and outreach to

underserved crime victims.
CHAPTER 2

Law Enforcement 

The significance of law enforcement’s role in responding to crime

victims cannot be overemphasized. Law enforcement officers interact

more often with crime victims than other professionals in the criminal

justice system. The way that victims are treated by dispatchers,the first

officers arriving at the scene of the crime, and detectives investigating

the case shapes their expectations of how they will be treated throughout the justice process.It is therefore critical that every law enforcement

professional who interacts with crime victims, either in person or over

the telephone, know how to respond in a sensitive and effective manner.

As the first responders to most reported crimes, law enforcement

agencies must ensure that victims are treated with sensitivity and

provided essential information and emergency assistance in the

immediate aftermath of victimization. State and federal laws mandate

victims’rights that law enforcement must fulfill. They generally include

the right to information about rights and crime victim compensation,

and, in some states, to referrals to victim services; the right to protection from intimidation and harm, including aggressive enforcement of

anti-stalking and restraining orders; the right to regular updates on the

status of the investigation; and the right to notification when the

accused is released from custody.

The Department of Justice has long recognized the significant role

law enforcement plays in providing information and assistance to

victims of crime. Over 20 years ago, law enforcement was one of the

first allied professional groups targeted for training and technical

assistance by the Law Enforcement Assistance Administration (LEAA)

within the Department of Justice. LEAA helped fund innovative

programs such as assistance to elderly victims and mobile crisis units

with police officers and mental health professionals to respond to

crime scenes. During that time, the first police-based victim assistance

programs were established in police departments in Ft. Lauderdale,

Florida, and Indianapolis, Indiana.

Today, the Office for Victims of Crime supports 113 victim assistance

programs in police departments across the country through Victims of

Crime Act (VOCA) funding. Many departments are using these funds to

serve victims in innovative ways. In Detroit, Michigan, for example, the

city’s police department uses VOCA funds to fund a rape council,

which provides hospital accompaniment, counseling, criminal justice

advocacy, and other vital services to victims of sexual assault.

Very often a victim’s first

view of the criminal

justice system is the law

enforcement officer who

responds to the scene of

the crime. It is critical

that this officer be welltrained and informed

about victims’ rights and

services. If this officer does

not refer the victim to

appropriate assistance

and compensation

programs, that victim

may never receive the help

needed to heal.

Joe Brann, 

Director of 

Community Oriented 

Policing Services Office,

U.S. Department of Justice

47

Chapter 2: Law Enforcement
How Law Enforcement Agencies Are

Responding to Victims of Crime 

In 1982, the President’s Task Force identified four important areas

for improving law enforcement’s treatment of crime victims:1

• Developing training programs to increase sensitivity and awareness

about victims issues.

• Implementing prompt property return procedures.

• Providing periodic information for victims regarding case status and

the closing of the investigation.

• Putting a high priority on investigating witnesses’reports of threats

or intimidation.

To varying degrees, federal,state, and local agencies have made

progress in these areas. There are no comprehensive data on the

percentage of law enforcement agencies that provide basic victim

assistance services. According to the International Association of Chiefs

of Police, while the majority of large city police departments have

established victim assistance programs,the majority of law enforcement

agencies serving smaller jurisdictions and rural areas have not.2 In a

1990 Bureau of Justice Statistics survey of law enforcement agencies

with more than 100 sworn personnel, 37 percent of responding

agencies reported that they operated special victim assistance units.3

The range of services provided by law enforcement agencies across

the nation varies significantly. A growing number of agencies employ

full-time advocates to provide comprehensive assistance to victims, and

many agencies have adopted policy statements on the basic level of

assistance victims should receive. Some departments have designated

an individual within the agency for victims to contact—a basic

standard of service recommended by the Commission on Law Enforcement Accreditation. Furthermore, many departments aid victims by

giving them brochures on community-based victim assistance

programs, the legal system, and the needs of specific groups of victims

such as those victimized by domestic violence and sexual assault.

• In Austin, Texas, the police department developed a comprehensive

counseling and victim assistance program with three specialized

units: day service, child abuse, and family violence. The department

uses a special on-scene crisis unit with counselors equipped with

unmarked police cruisers and radios to respond to victims and aids

victims who need to leave abusive situations by paying for hotel

stays of up to two nights. The department also operates a unique

“Mobo cop” substation out of a van it stations at trouble spots in

48

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
high-crime neighborhoods. The substation is staffed by neighborhood beat officers, a counselor from the department’s victim

services division, and a city services coordinator.

• In Florida, the State Department of Law Enforcement’s Crimes

Against Children Program renovated a large trailer confiscated in a

drug forfeiture and turned it into the nation’s first mobile child

abuse investigation unit. The unit is staffed by a multidisciplinary

team of investigators who can be called to a location in less than 24

hours anywhere in the state. As a mobile facility, the unit spares

victims and witnesses the inconvenience, embarrassment, and intimidation of traveling to a law enforcement facility. Interviews are

conducted in a child-friendly atmosphere and trailer is equipped

with high-tech audio equipment and color cameras to monitor and

record interviews and wireless headphones that allow continuous

communication between the monitor team and the interviewer.

Since its deployment in 1994, the facility has been used to interview

approximately 500 children in 14 judicial circuits.

• In Kentucky, the Lexington Police Department created the nation’s

first automated system to notify victims of any pretrial/preconviction release of the accused from custody or when there is a

change in their status. The system, which is now used throughout

the state, calls victims repeatedly until a successful notification is

made, giving them time to take possibly life-saving precautions.

The system gives the public, including victims, access to critical

inmate information 24 hours a day, 7 days a week. Over 300 state

and local jurisdictions are in the process of implementing similar

notification systems.

• In Waltham, Massachusetts, and Skokie, Illinois, police agencies have

installed panic devices in the homes of at-risk victims in response to

the growing number of stalking and domestic violence incidents

reported in those states.When activated, these devices signal the

police department through wireless transmitters. Many law enforcement agencies have taken stalking and domestic violence prevention

even further by arranging the free use of cellular phones by victims,

giving them greater mobility.

Many crime victims need emergency assistance such as food, gas,

utilities, temporary housing, transportation, medical supplies, and

clothing. Rather than making crime victims wait for weeks or months

to receive victim compensation,some police departments are providing emergency assistance.

• In Monroe,Washington, the police department serves as a central

distribution point for emergency victim assistance funds available

from community resources. The police department uses short,

49

Chapter 2: Law Enforcement
simple application forms so victims can apply as quickly as possible

for assistance, which is financed by such groups as the United Way,

the Salvation Army, and the Safeway Corporation.

Federal law enforcement agencies have taken major steps to enforce

victims’rights. Under federal law, they are responsible for identifying

victims and witnesses of federal crimes, informing victims of their

rights immediately after an incident, and referring them to emergency

medical and victim services. These and other important responsibilities are set forth in the Attorney General Guidelines for Victim and

Witness Assistance, which stress that, whenever possible, law enforcement officials must “assist the victim in contacting the specific person

or office which will provide the above services.”4

More than 70 federal agencies and officials have a law enforcement

function, including the Federal Bureau of Investigation (FBI), military

agencies, the Bureau of Indian Affairs, U.S. Customs officials, U.S. Postal

Inspectors; and the U.S. Park Service. These agencies are reaching out

to victims by developing informational brochures in various languages,

conducting national and regional training programs for their investigators, and designating victim-witness coordinators in their offices.

Of all federal agencies, the FBI interacts most often with crime

victims. In 1996, the Director of the FBI took steps to improve the

Bureau’s response to victims by increasing FBI victim-witness specialists, enhancing training for FBI victim-witness coordinators, establishing

an emergency fund for victim services, and revising the FBI VictimWitness brochure, which FBI agents distribute to every crime victim

they assist. Each of the 56 FBI field offices in the nation now has a

designated victim-witness specialist.

Multidisciplinary Teams and Partnerships 

Law enforcement has taken an active and pivotal role in the

development of multidisciplinary team approaches, first in response to

child abuse in the 1980s, and then in response to sexual assault and

domestic violence in the 1990s. Many departments have established

special multidisciplinary programs, which have improved law enforcement’s response to victims because they utilize the expertise of many

disciplines in one setting.

• In Tennessee, the Metropolitan Nashville Police Department created

a Victim Intervention Program in 1975. The unit is now staffed by

mental health counselors and provides free crisis intervention and

ongoing counseling for any victim of a violent or other crime that

has affected an individual emotionally. In 1994, the department

expanded its assistance to victims by creating a separate Domestic

Violence Intervention Division that coordinates its response with the

Victims want to be kept 

up to date on case status

and need explanations of

each step in the process.

Victims want to feel ‘part

of the team’ in resolving

the problem.

A Law Enforcement Officer

50

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
prosecutor’s office. The largest program of its kind in the nation, the

division is staffed by more than 32 specially trained professionals

who handle thousands of cases each year. The Nashville Police

Department credits this unique intervention with helping to reduce

domestic violence homicides by over 40 percent in 2 years.

• In Connecticut, the New Haven Department of Police Services and

the Child Study Center at Yale University School of Medicine have

developed a unique collaborative program to address the psychological impact of chronic exposure to violence on children and families.

The initiative, called the Child Development-Community Policing

Program, brings together police officers and mental health professionals to provide each other training, consultation, and support, as

well as direct interdisciplinary intervention to children who are

victims, witnesses, or perpetrators of violent crime.

• In New York City, the New York Police Department and Victim

Services, a nonprofit social service agency, launched a joint initiative

in 1984 in which police officers and victim counselors work in

tandem to respond to domestic violence incidents. The counselors

reach out to domestic violence victims—by letter or in person—

with the dual message that domestic violence is a crime and that

help is available. They also frequently accompany police officers on

followup investigations, giving priority to households in which there

have been three or more incidents and to clients who appear to be

at greater risk. Counselors conduct periodic roll call trainings on a

range of domestic violence issues. The program currently is in

operation in 21 precincts.

• In Florida, the Largo Police Department collaborates with the state

attorney’s office and with the local domestic violence shelter to

enhance services to victims and to improve the prosecution rate of

domestic violence cases. Staff in the department’s domestic violence

unit receive intensive training on responding to domestic violence

incidents more effectively. The unit uses technological advances to

help gather evidence, including lapel microphones to record audio

arrival at the scene and camcorders to videotape victim and witness

statements on the scene. One of the unit’s most innovative services

is faxing copies of police reports to the local shelter, which then

calls victims to offer assistance.

In many communities, law enforcement officers and health care

professionals are using a new approach to handling sexual assault and

child abuse cases in which victims are treated in specialized settings

more hospitable than emergency rooms. In these secure and comfortable environments, trained nurse examiners conduct evidentiary

medical exams.

It is about the law keeping

its promise.

Sergeant Mark Wynn,

Domestic Violence Division,

Nashville Metropolitan 

Police Department

51

Chapter 2: Law Enforcement
• In Tulsa, Oklahoma, one such program, which has been recognized

by the Ford Foundation and Kennedy School of Government as an

important public sector innovation, was initiated through the efforts

of local police and medical professionals. Sexual assault victims are

treated in a quiet section of the hospital decorated in a warm way to

provide a welcoming and supportive environment for victims. After

conducting more than 500 rape examinations in this special setting,

Tulsa police officials reported substantial improvement in the quality

of forensic evidence and a higher rate of convictions due to victims’

greater willingness to undergo examinations. Local officials also

reported that all of the cases prosecuted with nurses providing

testimony resulted in convictions.

To respond to the needs of elderly crime victims, more than 525

Triad programs have been started in communities nationwide.5 These

innovative community policing programs are partnerships among the

county sheriff, police chief, and elder representatives in each

community. Developed by the American Association of Retired Persons,

the International Association of Chiefs of Police, and the National

Sheriffs’Association, Triads work to reduce crimes against the elderly,

improve public awareness, and improve law enforcement’s response to

the elderly.

6 Victim services offered through Triad programs include

crime prevention, crisis intervention,repairs to damaged residences,

transportation to medical services and criminal justice proceedings,

and courtroom escort.7 Each Triad is governed by a SALT Council

(Seniors and Law Enforcement Officers Together) that develops

programs and services to meet the individual needs of the community.

8

• In Bridgeport, Connecticut, the sheriff hired a bus to take seniors to

the market once a week after they complained that they felt unsafe

while shopping for food. Many of these seniors crochet outfits for

teddy bears, which are given to sexually abused children.

Federal law enforcement is also responding to crime victims through

multidisciplinary initiatives. In 1995, the Attorney General established

the Federal Agency Task Force for Missing and Exploited Children

composed of representatives from 14 federal agencies and the National

Center for Missing and Exploited Children, a nonprofit agency in

partnership with the Office of Juvenile Justice and Delinquency

Prevention. The Task Force seeks to identify gaps and duplications in

service delivery to missing and exploited children and their families.

The Task Force focuses on coordination and policy issues and has

compiled a directory, Federal Resources on Missing and Exploited

Children:A Directory for Law Enforcement and Other Public and

Private Agencies, that provides information on access points to the

broad array of federal services for parents and law enforcement.9

Triad partnerships 

benefit not only our

nation’s seniors, but law

enforcement as well.

Terri Hicks, 

Triad Program, 

National Sheriffs Association

52

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Death Notification

One of the most difficult aspects of a law enforcement officer’s job

is notifying surviving family members of the death of a loved one.

Realizing the psychological toll of death notifications on officers and

the lasting negative impact that improperly conducted notifications

have on victims, law enforcement agencies are now developing

protocols for appropriate death notification practices.

• In Howard County, Maryland, and other jurisdictions, police officers

give a checklist to survivors that helps them obtain death certificates, apply for financial assistance and other benefits, choose a

funeral home, and consider other important services. This information helps survivors who have no idea what to do after a loved one

has died by giving them a tool to navigate a legal system they may

find confusing and overwhelming when overcome with grief.

• In Texas, the Arlington Police Department allows survivors to spend

as much time as they want with the victim, to view and touch the

body,regardless of its condition.

Recognizing the importance of ensuring that all law enforcement

personnel respond to survivors of homicide appropriately and with

compassion, the Office for Victims of Crime (OVC) supported the

development of a training curriculum and accompanying videotape for

law enforcement professionals by Mothers Against Drunk Driving.

Entitled Death Notification: Breaking the Bad News with Concern for

the Professional and Compassion for the Survivor, this training is

available to law enforcement officers across the country through the

OVC Trainers Bureau.10

Community Policing

The concept of community policing has emerged within this

decade, and its principles are transforming the criminal justice system.

It is a philosophy of problem solving at the local level whereby “police

officers and private citizens working together in creative ways can

help solve contemporary community problems related to crime, fear of

crime,social and physical disorder, and neighborhood decay.”11

Community policing is based on the belief that police departments

must develop new relationships with the people in their community,

allowing community members to have a voice in setting local law

enforcement priorities and involving them in efforts to improve the

quality of life in their neighborhoods.12 Rather than spend the bulk of

their time responding to random calls, police work proactively with

the community to solve problems.13

Let us get the law enforcement officers throughout

America . . . to the streets

of America where the

violence is, to the

communities and the

neighborhoods. Let us

make sure that we use

our police in the most

effective manner possible,

forming partnerships to

avoid duplication, and

developing community

policing operations where

police officers are on the

cutting edge of building

confidence and credibility

in government.

Attorney General Janet Reno,

New York City 

Candlelight Vigil for National

Crime Victims Rights Week, 

April 1993

53

Chapter 2: Law Enforcement
The following letter was sent by a mother whose son was killed in a drunk driving crash to the

officer who was with her when she learned her child was dead. She wrote it on the first year

anniversary of her son’s death. It illustrates the profound impact law enforcement officers can have

on a crime victims’ ability to cope in the immediate aftermath of what may be the most devastating

type of victimization—the death of a child.

Dear Officer,

A year ago today, you stood in a snowy field as you informed me that my son, Jim, was

dead.I will never forget that day and I’m sure you won’t either.I have never thanked you

for the care and the compassion you showed me that day.I will never forget the look on

your face as you struggled to tell me that Jim was dead.I realized then that you too were a

victim of someone’s irresponsibility.

I remember that when my legs wouldn’t hold me any more and I collapsed in the snow,

you sat down next to me and never left my side.I think often (a scene I relive over and

over) about how kind that was of you.I also know how difficult it must have been for you

as I argued that Jim wasn’t really dead.You had to keep telling me that he was.I wouldn’t

have your job for anything.

I could tell by the look in your eyes that you were hurting.I would not recognize you on

the street today, but if I looked into your eyes I would remember them. The pain I saw

reflected there is something I will never forget.I’m sorry that I haven’t written you before

now.I have been waiting for the trial, which has been postponed six times, and it has been

difficult for me to write.I hope to meet you in person some day and thank you for being

such a caring and compassionate human being.I know how much negative feedback law

enforcement officers get. But officers like you, who in my opinion go beyond the call of

duty, need to know that they are appreciated.

I have been trained in crisis counseling. This made me aware that you were doing

everything just right.I needed to get into the car and hold Jim’s broken body in my arms

and kiss him goodbye, and you didn’t deny me that right.I thank God that you allowed me

to spend time with Jim while his spirit was still there.I thank God for caring people like

you who are forced to witness tragedies like this everyday. My hope is to someday keep

intoxicated drivers off the road, not only for the families of the victims but also the forgotten victims such as you.

Thanks and God Bless,

Jeri H.

54

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
The ultimate goal of community policing is to reduce crime by using

community-police partnerships to develop crime prevention strategies

that work. As police officers develop trust with residents in neighborhoods, community policing may encourage victims who traditionally

do not report crimes to participate in the system and seek assistance

for their financial, physical, and emotional injuries.

The Violent Crime Control and Law Enforcement Act of 199414

authorized funds to promote community policing and to add 100,000

community policing officers to the streets over 6 years.15 The Office of

Community Oriented Policing Services (COPS) within the U.S.Department of Justice, is responsible for carrying out this mission16 and, as of

February 1997,the agency had awarded grants for the hiring or redeployment of more than 54,000 police officers and sheriff’s deputies.17The

COPS Youth Firearms Violence program supports innovative community

policing approaches to fight firearm violence among young people, and

the COPS Community Policing to Combat Domestic Violence program

provides grants to local communities to fight domestic violence.

According to research sponsored by the National Institute of Justice,

community policing has been adopted in many jurisdictions across the

nation. In a 1993 survey of 2,314 municipal and county police and

sheriff’s departments, nearly 20 percent of the respondents had

implemented a community policing approach and 28 percent were in

the process of doing so. The same study showed that community

policing is producing benefits nationwide. Among agencies that had

implemented community policing for at least a year, 99 percent

reported improved cooperation between citizens and police, 80

percent reported reduced fear of crime in the community, and 62

percent reported fewer crimes against persons.18

• In San Diego, California, the police department, in partnership with

the YWCA of San Diego County, created a Community Domestic

Violence Resource Network.With support from a $200,000 COPS

grant, a toll-free telephone clearinghouse provides access to information on all domestic violence service providers in the county. The

network has been a particularly valuable resource for community

police officers. Using a computerized database,specially trained

information specialists can now tell law enforcement officers in an

instant which shelters have space available, which accept children,

and other relevant information.19

• In Provo, Utah, the sheriff’s office reports that they have dramatically

increased the human resources available to solve crime problems by

involving victims in “victim-assisted” investigations.When appropriate, officers enlist the participation of crime victims by explaining

the type of information needed to make an arrest and guiding them

on the role they can play in the department’s investigation.

55

Chapter 2: Law Enforcement
• In Lowell, Massachusetts, police report that for the first time in 25

years, a year passed without a single murder. This extraordinary event,

police believe, is a product of intensive community policing.With

support from a COPS grant,the city hired 65 new officers, created

bicycle patrols, and implemented a gang unit. The department also

created neighborhood police storefront substations that serve as a

base of operations for community police officers assigned to neighborhood foot patrols. Overall, crime has declined in all but one category:

an increase in reported assaults. But the department attributes this

increase to community policing efforts that have helped women feel

more comfortable about reporting domestic violence.20

• In Caldwell, Idaho, officers are building bridges with community

members through a variety of community policing strategies. Seniors

are volunteering to help take nonemergency reports of minor

crimes, and citizens are helping officers monitor hard-to-patrol rural

areas.With the help of police,residents started GANG (Group

Against Neighborhood Graffiti) to paint over graffiti using the labor

of volunteers and juveniles ordered to complete community service

for petty crimes. Since the community policing initiative began,

crime rates have dropped consistently each year and citizen

complaints about officers have been reduced by two-thirds.21

Another innovative practice implemented by police departments are

programs offering a full range of services and multilingual, multicultural support to victims and survivors of gang violence. Much like

domestic violence victims, victims and witnesses of gang violence

generally live with or among the perpetrators of the crimes and are

especially reluctant to participate in the system, fearing retaliation.

• In Orange County, California, five victim advocates based in a private

non-profit victim assistance program, work collaboratively with

police and prosecutors to ensure that they provide comprehensive

services for victims of gang violence. The program provides

emergency crisis response,sensitive death notification, accompaniment of survivors to emergency rooms, orientation to coroner

procedures and policies, assistance with burials and funerals, crime

scene cleanup, intervention with employers and the media,

assistance in obtaining victim compensation,referrals for counseling

services, orientation to posttrial services such as obtaining notification of the offender’s status and parole hearings, and training for

emergency medical and hospital personnel on responding to gang

victims more effectively and sensitively.

Standards for Victim and Witness Assistance

Law enforcement was the first profession within the criminal justice

system to develop standards of service for assisting crime victims. In

I am writing this letter

about abuse. Abuse hurts

people. I want you to have

police go on the streets

and check the house once

a week for people who

hurt people and children.

A letter to President Clinton

from a child abuse victim 

56

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
1979,the Commission on Accreditation for Law Enforcement Agencies

was formed by four major law enforcement membership agencies:the

International Association of Chiefs of Police,the National Organization

of Black Law Enforcement Executives,the National Sheriffs Association,

and the Police Executive Research Forum.22 The Commission was

created to establish a body of standards for law enforcement agencies

and to oversee an accreditation process that provides these agencies

with an opportunity to demonstrate voluntarily that they meet an

established set of professional standards.23 The Commission’s first set of

standards for responding to victims and witnesses was developed in the

late 1980s and added as a special chapter,“Victim Witness Assistance” to

the compilation Standards for Law Enforcement in 1990.24 In that

publication,the Commission describes the importance of adopting

victim/witness standards for law enforcement:

The principle justification for the standards in this chapter is that

they are integral to sound law enforcement. . . . If victims and

other witnesses are subjected to what they consider poor

treatment, they can be expected to offer something less than

wholehearted cooperation with law enforcement agencies, which

can have a devastating effect on investigations and subsequent

prosecutions. . . . In its own best interests, law enforcement has a

role to play in victim/witness assistance.25

The standards address both administration and operations within

law enforcement agencies and specify whether compliance is

mandatory or optional, depending on the size of the agency. Mandatory

standards for all law enforcement agencies include: appropriate

assistance to victims and witnesses who have been threatened or who,

in the judgment of the agency, express specific, credible reasons for

fearing intimidation or further victimization; assistance to victims and

witnesses during the preliminary and followup stages of an investigation, including referrals to appropriate agencies; death notification

procedures; and assistance to agency personnel and their families

following line-of-duty deaths.26

Training

With support from the Department of Justice, the nation’s leading

national law enforcement organizations, including the National Sheriffs

Association, the International Association of Chiefs of Police, the

National Organization of Black Law Enforcement Officers, and the

Police Executive Research Forum, have undertaken extensive training

initiatives on domestic violence, child abuse,sexual assault, elder abuse,

crisis response, and other critical victim issues. Currently, OVC is

working with the International Association of Chiefs of Police and the

National Organization for Victim Assistance to develop a training

curriculum to integrate victim assistance into community policing. In

57

Chapter 2: Law Enforcement
addition, the Office of Juvenile Justice and Delinquency Prevention

provides funding to organizations including the National Council of

Juvenile and Family Court Judges, the National Center for Missing and

Exploited Children, and the American Bar Association to provide child

abuse prevention and intervention training to law enforcement.

Since the mid-1980s, the Federal Law Enforcement Training Center

(FLETC) has provided basic victim assistance training each year to

approximately 3,000 federal law enforcement officers and agents.

Moreover, FLETC has incorporated victim assistance into several of its

advanced courses. The Federal Bureau of Investigation’s training

academy in Quantico,Virginia has also integrated training programs on

victim assistance into its curricula and has sponsored numerous special

education programs on victim issues over the years, beginning in 1983

when it hosted an interdisciplinary National Seminar on Sexual Assault.

Most states now mandate training on domestic violence for law

enforcement, and the majority of state law enforcement academies

offer training on domestic violence and sexual assault as part of the

basic curriculum for recruits. In addition, the Commission on the

Accreditation of Law Enforcement Agencies has developed in-service,

roll-call, and advanced training standards for its 500 member law

enforcement agencies.27

The impact of training on officers’response to crime victims is welldocumented. In 1995, the National Institute of Justice published the

following summary of how training has affected law enforcement

response to domestic violence:

From 1986 to 1992, 23 law enforcement training projects throughout the country received funding through the Office for Victims

of Crime to train 16,000 police officers and other justice system

staff (such as prosecutors and judges), and community service

providers to improve responsiveness to victims of family violence.

An NIJ-sponsored study found that the training programs . . .

brought more uniform and progressive domestic violence policies

in participating jurisdictions, improved training participants’

attitudes and services to victims, and enhanced working relationships among agencies.28

The law enforcement community has made great strides in the past

15 years to respond more appropriately to the needs of crime victims.

Many law enforcement agencies and officials are responding to crime

and victimization with an unprecedented level of comprehensiveness

and compassion. They have made a serious commitment to our

society’s most vulnerable victims through special units devoted to

investigating domestic violence,sexual assault, and child abuse; unique

partnerships with elderly citizens; and victim advocacy in community

At the Federal Law

Enforcement Training

Center, we stress the direct

relationship between

victim assistance and

making good cases. Law

enforcement training

academies should 

continually strive to

integrate victim assistance

into as many areas of

training as possible.

Robert Wells, 

Federal Law Enforcement

Training Center

58

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
policing efforts. Despite this record of progress, however, law

enforcement’s response to victims of crime remains inadequate in

some communities around the country. Crime victims still report that

law enforcement officers sometimes fail to be sensitive or provide

critical information, particularly when assisting multilingual and

multicultural victims.

Recommendations from the Field for 

Law Enforcement

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #1

Law enforcement agencies should adopt a

community policing philosophy that is

both victim and crime prevention oriented. 

A major part of any community policing initiative should be a

comprehensive response to the needs of crime victims. If implemented

properly, community policing has the potential to dramatically improve

law enforcement’s response to victims.When officers are accessible to

residents in their neighborhoods, victims of crime are more likely to

report crime and seek assistance because they develop trusting

relationships with those officers. Equally important, victim services can

be delivered much more swiftly when police officers and community

organizations work together. Community policing initiatives will not be

effective, however, if they do not reflect the lingual and cultural characteristics of the victims and witnesses they serve.

Law enforcement agencies need to recognize that crime victims

can be important resources in solving crimes. As community policing

becomes the dominant approach to policing, law enforcement

agencies should develop ways to incorporate victims of crime into

their community partnerships because victims are often the individuals most dedicated to solving cases in which they or their families

have been injured.Victims can organize other community members

to join problemsolving efforts, and to provide information to help

with investigations.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #2

Law enforcement agencies should provide

a basic level of support to crime victims

through establishing victim assistance

programs within their agencies and

through community partnerships to ensure

Victims are the principle

‘customers’ of our justice

system—and police

officers are the first on the

scene to respond to them.

We need to continually

reassess the quality of

services we provide to

these victims. Since the

publication of the original

victims report in 1982, the

IACP has been actively

addressing this issue,

teaming with the Office

for Victims of Crime, the

National Organization for

Victim Assistance, and the

Violence Against Women

Grants Office to develop

innovative policies,

protocols, and training

curricula for police-based

services to victims.

Dan Rosenblatt, Executive

Director, International Association of Chiefs of Police

59

Chapter 2: Law Enforcement
that victims have access to emergency

services, counseling, financial assistance,

information and referrals, and

community programs. 

Law enforcement agencies should be prepared to provide crime

victims with immediate referrals, verbally and in writing, to private and

public community agencies that offer victims emergency treatment,

financial assistance, 24-hour crisis intervention,shelter, and transportation. All information should include current contact names and

telephone numbers and be provided in appropriate languages.Victims

suffering psychological trauma should be given onsite crisis intervention, assistance, and support, either by a trained law enforcement

officer or a victim services professional. If victims are injured, law

enforcement should transport and accompany them to emergency

medical services, and ensure that victims do not have to pay for the

cost of collecting medical evidence. Federal,state, and local law

enforcement should distribute brochures in appropriate languages on

emergency and crisis services, common victim reactions to specific

crimes, and crime victim compensation.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #3

Law enforcement agencies should establish

policies for the provision of fundamental

victims’ rights and services and procedures

for their implementation. These policies

and procedures should be disseminated in

writing throughout the agency. 

Law enforcement agencies’ policies on victim assistance should

reflect an agencywide, comprehensive response to victims and must

apply to every professional who interacts with victims, including

dispatchers, patrol officers, investigators, and all supervisory personnel.

At a minimum,the victim/witness standards for law enforcement

agencies developed by the International Association of Chiefs of Police,

the National Organization of Black Law Enforcement Executives,the

National Sheriffs’Association, and the Police Executive Research Forum,

and issued by the Commission on Accreditation for Law Enforcement

Agencies in chapter 55 of Standards for Law Enforcement Agencies,

should be adopted by all law enforcement agencies in the country.

29

Police officers are gaining

a renewed understanding

of their role as victim

advocates. As victim

advocates, police officers

are an integral part of

community efforts to

prevent crime, reduce

fear, and support victims. 

Chief (ret.) Drew Diamond,

Senior Research Associate,

Police Executive 

Research Forum

60

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #4

Compliance with victims’ rights policies

and procedures should be included as a

standard in officers’ performance

appraisals.

Including compliance with victims’rights policies and procedures in

performance reviews emphasizes to officers that providing victims

with information about rights and services is a critical part of their job.

Background checks of incoming recruits should determine any history

of arrests or convictions for domestic violence or other crimes.

Moreover, as part of the hiring process for police chiefs, victim-oriented

questions should be included in the interview process and candidates

should be evaluated on their knowledge about and support of victimoriented initiatives.

The Attorney General Guidelines for Victim and Witness Assistance

require that performance appraisals for law enforcement professionals

within the U.S. Department of Justice include implementation of and

adherence to victim-witness laws.30

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #5

During their initial contact with law

enforcement officers, victims of crime

should receive verbal and written information about victims’ rights and services.

Law enforcement personnel should be

required to follow up with victims because

many individuals are unable to comprehend assistance and compensation

information in the immediate aftermath of

being severely traumatized.

Because many victims have trouble focusing on important information regarding rights and services immediately after their victimization

due to trauma, law enforcement should provide this information to

victims in writing as well as verbally. All information should be

provided in an easy-to-understand format, taking into account victims’

recent trauma, language, culture, age, and cognitive development. The

information should include the names and telephone numbers of

officers and investigators they can contact for updates on the case

investigation. Some jurisdictions give victims a card, often referred to as

a “Reverse Miranda” card, that specifies their rights in accordance with

As a first responder, I

know that victims feel

further anguish when

they think they need to

restrain their feelings

because they will be

judged or thought of as

crazy. I have seen fellow

officers who were not

sensitive to the crisis.

Why can’t they say ‘I’m

sorry,’ that’s what crime

victims need to hear. 

A Law Enforcement Officer

61

Chapter 2: Law Enforcement
state or federal law. Other agencies, including the Rochester Police

Department, give victims a tear-off copy of the incident report that

contains victims’rights and services printed on the back.Victims are

asked to review and sign the report. Furthermore, all law enforcement

reports should include a mandatory victims’rights and services

checkoff list to record whether victims received information on rights

and services. It is imperative that victims be given information in a

manner that is understandable to them.

Agencies should consider developing automated case tracking

systems to analyze information related to law enforcement’s response

to both crimes and crime victims. In agencies in which such programs

have been implemented, they have enhanced both compliance and

management efficiency.

31

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #6

All law enforcement agencies should

adopt written policies and procedures and

implement training programs for conducting sensitive and culturally appropriate

death notification. 

Death notifications should be made in person and with a supportive

counselor when possible. In cases involving death, law enforcement

agencies should show restraint in releasing information about the

incident until appropriate notification can be made to surviving family

members. Those who have survived the homicide of a loved one say

that the most traumatic moment in their life was the death notification.

Likewise, most people who are required to deliver notifications say it is

the most difficult part of their job.In one study, 67 percent of police

detectives reported that death notifications were “very or extremely

stressful” and cited lack of preparation as among the top reasons for

their apprehension.32 It is critical that law enforcement officers be

trained on the proper procedures for conducting sensitive death notification to reduce psychological harm to victims and the negative impact

on officers faced with this difficult job. This training should include

awareness of cultural differences in appropriate death notifications.

While law enforcement agencies need to do their utmost to provide

death notification in person, emergency circumstances may require

conducting notification by telephone. Agencies should train officers to

make the call with professionalism and compassion. Telephone notification should be used only when there is a risk that surviving family

members may hear of the death in an insensitive manner from another

source such as the media.

62

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #7

State, federal, military and tribal law

enforcement agencies must implement

victims’ rights laws and ensure that victims

are regularly notified of the status of the

investigation, including arrests, pretrial

release of suspects, and case closings. 

It is important that law enforcement officers give victims a verbal

and written orientation to the investigation process to let them know

in advance how the investigation will proceed.Victims should also be

given the name, badge number, and telephone number of the investigating officer, as well as the police report number and any other identifying case information. In addition, law enforcement agencies should

establish procedures that allow victims to select a support person to

accompany them to interviews.Victims should never be charged for a

copy of the police report, and procedures should be developed for

giving victims a copy of the police report in a timely manner.

If an arrest is made, victims should be notified immediately and

given the date, time, and location of the defendant’s initial appearance.

At this time, victims should receive information about their rights

within the criminal or juvenile justice process, including their right to

be present at court proceedings and the right to be heard, orally or in

writing, at various stages of the case.When a defendant is released,

victims should be notified of the date, time, and location of his or her

next court appearance. If there is no arrest within 7 days, victims

should be contacted and assured that they will be notified of an arrest,

provided they maintain a current address,regardless of the length of

time between the commission of the crime and the date of arrest. For

particular classes of crimes in which bail release is routine, victims

should be informed of the time and place of such hearings at the scene

of the crime or when the victim is subsequently notified of the arrest.

When a case is submitted to a prosecuting attorney’s office, victims

should be notified of the name, address, and telephone number of the

prosecuting attorney or victim/witness liaison. All notifications should

be made in appropriate languages.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #8

Law enforcement should place a high

priority on protecting victims and witnesses

from intimidation and physical harm after

they report a crime. Law enforcement

The death of a person is

like a chain reaction. So

many people left behind

are affected.

The mother of a 

homicide victim

63

Chapter 2: Law Enforcement
agencies that operate jails or any

temporary custody facilities should, upon

request of the victim, immediately notify

the victim of a defendant’s pretrial release.

All agencies within the justice system, beginning with law enforcement, need to protect victims from intimidation, threats, and actual

harm. At the scene of the crime, law enforcement officers should

inform victims and witnesses, orally and in writing, about the

procedures and resources available for their protection. This information should include an explanation of anti-stalking rights, the availability of emergency protection orders, and other advice on victim safety.

Victims should be given advance notice of defendants’ pretrial release

so that they can take appropriate actions to protect themselves.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #9

All law enforcement personnel, from

dispatchers through management, should

receive initial and ongoing training about

the impact of crime and how to respond

sensitively and effectively to victims. 

Training law enforcement personnel to be sensitive to the needs of

crime victims must start at the beginning, with recruits at police

academies. Continuing education on victim issues for law enforcement

officers should occur annually. The Commission on Accreditation for

Law Enforcement Agencies has established in-service,roll-call, and

advanced training standards that require mandatory training on

victim/witness rights, policies, and procedures as part of annual retraining programs for law enforcement agencies. These standards should be

expanded to recruit training as well. All training should incorporate

instruction on multicultural issues.

Police training programs should include presentations by individual

victims or victim impact panels and should address the trauma of

victimization, law enforcement’s role in responding to crime victims,

and mandated duties to implement victims’rights laws. Cases in which

these issues are important include sexual assault, child abuse, domestic

violence, elderly victimization, homicide, death notification, hate and

bias crimes, and drunk driving, as well as robbery, burglary, and white

collar victimization. In addition, undergraduate and graduate criminal

justice and police science programs should develop courses and

concentrations in victims issues.

In the aftermath of sexual

violence, victims must

deal with a range of

persons and systems, from

medical examiners to the

police to prosecutors and

many others. It is

essential that training be

provided to every person

within this multi-disciplinary framework, so that

in every encounter the

victim has with all these

systems, she or he is

treated with sensitivity

and respect.

Beverly Harris Elliott, 

Executive Director, 

National Coalition 

Against Sexual Assault

64

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Training should include instruction for police on interviewing crime

victims and incorporate ventilation and validation techniques used by

crisis counselors. Officers who use modern interviewing methods such

as cognitive interviewing obtain a more complete narrative of victims’

experiences and give victims tools to overcome their feelings of trauma.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #10

Police departments should develop specialized responses for family members of

officers killed in the line of duty and

protocols for responding to injured officers.

When an officer is killed, law enforcement agencies should provide

individual and group crisis intervention and ongoing mental health

services for surviving family members and other law enforcement

agency personnel who may need intervention services. These critical

psychological support services can be provided through contracts with

local mental health or victim service providers or, in larger departments, by inhouse psychological support personnel. Some officers

prefer to receive counseling outside of their police agency because of

concerns for confidentiality.

While it is assumed that public safety agencies pride themselves in

“taking care of their own” and respond immediately to assist a fallen

officer’s survivors,research conducted with surviving family members

tells a different story. A study sponsored by the National Institute of

Justice in 1990 found that 67 percent of law enforcement agencies

surveyed lacked formal policies on responding to the survivors of an

officer killed in the line of duty.

33 In addition, the survey found that

departments lacked guidelines for providing survivors emotional

support beyond the funeral, leaving them feeling abandoned.34

In 1984, Concerns of Police Survivors (C.O.P.S.) was founded as a

national networking organization to provide peer support to police

survivors and to help law enforcement agencies develop workable

plans for handling survivors in the immediate,short-term, and longterm aftermath of an officer’s death. C.O.P.S. has developed guidelines

that address procedural issues as well as emotional support and

counseling. The guidelines, which have been distributed to public

safety agencies nationwide with the support of the Department of

Justice,should be followed by law enforcement agencies working with

surviving family members in the aftermath of an officer’s death.35

The Department of Justice also supports important programs for

survivors of officers killed in the line of duty. The Public Safety

Officers’ Benefits Program, administered by the Bureau of Justice

When law enforcement

officers are murdered, not

only does the family lose

their loved one, too often

they lose their connection

with the agency. Law

enforcement agencies

need to know how to

emotionally support their

surviving families. This

educational process has

only just begun.

Suzie Sawyer, 

Executive Director,

Concerns of Police Survivors

65

Chapter 2: Law Enforcement
Assistance, provides financial benefits to eligible spouses, children, and

parents of federal,state, and local law enforcement officers, firefighters,

and emergency medical technicians killed or permanently and totally

disabled in the line of duty.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #11

Law enforcement agencies should establish

special protocols to ensure victim participation and confidence in the system when an

officer is accused of a criminal offense.

Many law enforcement agencies have had to confront the issue of

criminal conduct by their own officers, including allegations of

domestic violence,sexual assault, hate and bias crimes, assault and

battery, child abuse,stalking, and drunk driving. The Los Angeles Police

Department, for example, according to a Los Angeles Times article,

investigated 62 officers over a 5-year period ending in 1992 for

domestic violence allegations but never arrested a single officer.

36

Recently, the department settled a lawsuit by paying over $1 million to

surviving family members of a women who was killed in a domestic

dispute by a police officer after she had reported previous domestic

violence abuse to the police. The practice of not holding law enforcement officers who batter accountable must change.

Measures to encourage victim reporting should be instituted in every

law enforcement agency in the nation to deal with cases in which law

enforcement officers are accused of criminal acts. A promising approach

has been taken by the Chicago Police Department, which has established

an Office of Domestic Violence Advocate to encourage abused wives,

husbands, and partners of police officers to report domestic violence

incidents so that appropriate action can be taken. The advocate works

one-on-one with battered victims, and training of police officers and

spouses of new recruits complements the advocate’s work.

Additionally, law enforcement agencies should screen all employees

to be certain that they are not prohibited from possessing a firearm

under federal law. Under the Lautenberg Amendment to the Federal

Gun Control Act, it is a federal crime for law enforcement officers to

possess a firearm or ammunition, including service weapons, if they

have been convicted of a state misdemeanor charge of domestic

violence.37 The law applies to convictions before and after its effective

date, September 30, 1996. Although other provisions of the federal

gun laws (for example, provisions prohibiting possession of firearms

by individuals with a prior felony conviction38 and those under a valid

civil restraining order39) specifically exempt law enforcement, law

66

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
enforcement agencies should proactively find ways to keep service

weapons out of the hands of those with a history of violence.

Agencies should temporarily transfer officers subject to civil protection orders to desk jobs or otherwise relieve them of duties which

require use of a firearm. Officers subject to civil protection orders

should not be permitted to respond to calls for help from victims of

domestic abuse, and their ability to respond to other victims should

be assessed carefully.

LAW ENFORCEMENT RECOMMENDATION FROM THE FIELD #12

Procedures for the swift return of property

to victims and witnesses should be

developed at the federal, state, and local

levels to serve as models for law enforcement agencies nationwide. Emergency

funds should be made available to victims

to replace essential items. Laws providing

victims the right to have their property

returned within a reasonable period of

time should be enacted in all states and on

the federal level. 

Law enforcement agencies should place high priority on the speedy

return of victims’ property. They should augment their property identification procedures by providing written instructions to victims to

help them assist in the description and retrieval of property held as

evidence.When it is not possible to release property held as evidence,

an emergency fund should be available in every community to cover

the cost of replacing essential property such as a warm winter coat.

Victims should never be charged for the storage of their property, and

they should be reimbursed for property that is lost,sold, or damaged

while held as evidence.40

67

Chapter 2: Law Enforcement

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A.The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Policies, Protocols, and Procedures for a Comprehensive

Law Enforcement Response to Victims of Crime

This chart provides an overview of a comprehensive law enforcement response to crime victims.

Law enforcement agencies should establish policies and procedures to clearly define the role of the

agency, and various law enforcement personnel in responding to crime victims as outlined below.

When law enforcement agencies are unable to provide this type of comprehensive response, it

should be the responsibility of the law enforcement agency to take a leadership role in the development of community partnerships to ensure that crime victims have access to the following

emergency and on-going victim assistance.

Upon first contact with law enforcement, the responding officer should give victims

verbal and written notification of their rights according to state or federal law. 

• This can be accomplished by giving the victim a card that specifies their rights in accordance

with state or federal law, often referred to as a “Reverse Miranda” card.

• It is imperative that such information be language and age appropriate.Brochures on emergency

and crisis services, and crime victims compensation should be developed in different languages—

as well as for victims with physical and/or mental disabilities—and distributed appropriately.

Law enforcement agencies should utilize community partnerships to ensure 

that victims have access to the following emergency services, financial assistance,

information and community programs:

• On-site crisis intervention, assistance and support, either by a trained law enforcement officer

or through on-site support from a victim services professional.

• Immediate referrals, verbally and in writing, to community agencies that offer emergency

services, emergency financial assistance, 24 hour crisis intervention,shelter and transportation.

Proper referrals should include current names and telephone numbers of private and public

victim assistance programs that provide counseling, treatment and other support services.

• Transportation and accompaniment to emergency medical services if they are injured.

• A brochure or other written resources that explain the expected reactions victims have to

specific crimes.

• Written information about crime victim compensation and how to apply for it.

• Victims should not be charged for certain medical procedures or for costs arising out of the

need to collect and secure evidence.

Protection from Intimidation and Harm:

• Verbal and written notification about the procedures and resources available for the 

victim’s protection.

68

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• An explanation of anti-stalking rights, availability of emergency protection orders, other protection

from intimidation and harassment measures, as well as information on victim safety and security.

• Victim notification of the release of the accused and inclusion of no contact with the victim

orders as conditions of the release.

Investigation:

• A verbal and written orientation to the investigation process.

• Procedures allowing a victim to choose an individual to accompany them to interviews.

• The name and telephone number of the law enforcement officer investigating the offense and

the arrest, and the police report number or any other identifying case information.

• A free copy of the incident and arrest report.

If an arrest has been made, victims should be notified of:

• The arrest of the defendant.

• Of the next regularly scheduled date, time, and place for initial appearance.

• Any pretrial release of the defendant.

• Their rights within the criminal and juvenile justice processes, including the right to be present

at all justice proceedings that the accused, defendant and/or prisoner has the right to attend,

and the right to be heard, both orally and/or in writing, at various stages of the case.

• Upon release of a suspected offender,notification of the date,time and place of the next court

appearance, and how to obtain additional information about the subsequent criminal proceedings.

If there is no arrest within 7 days:

• Information about the right to notification of arrest,providing the victim maintains a current address,

regardless of the length of time between the commission of the crime and the date of arrest.

If the case has been submitted to a prosecuting attorney’s office:

• Notification of the name, address and telephone number of the prosecuting attorney assigned

to the case.

Prompt property return: 

• Speedy return of property held by law enforcement with victims provided with verbal and

written information on how to obtain their property.

• Free storage of the victims’ property.

• Reimbursement for the actual replacement costs of any property that is lost,sold or damaged

while being held as evidence.

69

Chapter 2: Law Enforcement
Endnotes

1 President’s Task Force on Victims of Crime, Final Report,Washington, D.C.: U.S. Government Printing Office,

December 1982:57.

2 Weisheit, R., A., et al., Rural Crime and Rural Policing, Research in Brief,Washington, D.C.: U.S. Department of

Justice, National Institute of Justice, October 1994, NCJ 150223.

3 Bureau of Justice Statistics,“Law Enforcement Management and Administrative Statistics, 1990: Data for

Individual State and Agencies with 100 or More Officers,”Washington, D.C.: U.S. Department of Justice,

Bureau of Justice Statistics, September 1995.

4 Office of the Attorney General, Attorney General Guidelines for Victim and Witness Assistance,Washington,

D.C.: U.S. Department of Justice, Office of the Attorney General, 1995.

5 National Sheriff’s Association,“Triad Growth May 1997,”Alexandria: National Sheriff’s Association, (1997).

The National Sheriffs’Association located in Alexandria,VA, reports that 430 Triads exist in 46 states,

Canada, and England.

6 American Association of Retired Persons, et al.,“The Facts about Triad,” Alexandria:American Association of Retired

Persons,International Association of Chiefs of Police, and the National Sheriffs’Association,(October 1995):1-4.

7 Id. See also, American Association of Retired Persons, et al.,“Triad News: Crime Prevention for the Elderly,”

Alexandria,VA:American Association of Retired Persons, International Association of Chiefs of Police, and the

National Sheriffs Association,(December 1995).

8 Id. at 1.

9 Federal Agency Task Force for Missing and Exploited Children,“Federal Resources on Missing and Exploited

Children: A Directory for Law Enforcement and Other Public and Private Agencies,” Fox Valley Technical

College, prepared for the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S.

Department of Justice,(May 1996).

10 Mothers Against Drunk Driving,“Death Notification: Breaking the Bad News with Concern for the Professional

and Compassion for the Survivor,” sponsored by the U.S. Department of Justice, Office for Victims of Crime,

Mothers Against Drunk Driving, Death Notification Seminar and Training of Trainers, 1996 ( hereinafter 

Death Notification).

11 Carter, D. L., “Community Policing and D.A.R.E.:A Practitioners’ Perspective,”BJA Bulletin Community Policing

Series, Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance,

(June 1995):2, citing Trojanowicz, R. and B. Bucqueroux, Community Policing, Anderson, 1990: 5.

12 Id.

13 Id.

14 Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, Title IV, §§ 40113, 40221,

40503;Title XXV, § 250002(a)(2);Title XXIII, § 230101(b), 108 Stat. 1904-2078 (codified at 42 U.S.C. §§

10607(c)(7), 14011(b); 18 U.S.C. §§ 2263-2264, 2248, 2259 and at Fed. R. Crim. P. 32 (1994)).

15 Office of Community Oriented Policing Services (COPS),“About COPS,”Washington, D.C.: U.S. Department of

Justice, Office of Community Oriented Policing Services,(February 4, 1997), <http://www.usdoj.gov/cops>,

(hereinafter COPS).

70

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
16 Id.

17 Id.

18 Id. at 2.

19 COPS, COPS Office Report, 100,000 Officers and Community Policing Across the Nation, U.S. Department of

Justice, Office of Community Oriented Policing Services, September 13, 1997:31.

20 COPS, Community Policing Success Story No. 6: Lowell, Massachusetts,Washington, D.C.: U.S. Department of

Justice, Office of Community Oriented Policing Services, last modified February 4, 1997,

<http://www.usdoj.gov/cops>.

21 Id.

22 Commission on Accreditation for Law Enforcement Agencies, Inc.,“Accreditation Program Overview:Answers to

Frequently Asked Questions About the Benefits, Standards, Accreditation Process, Commission History and

Fees,” Leaflet, Fairfax,VA: Commission on Accreditation for Law Enforcement Agencies, Inc.

23 Id.

24 Commission on the Accreditation for Law Enforcement Agencies, Inc., Standards for Law Enforcement

Agencies:The Standards Manual of the Law Enforcement Agency Accreditation Program, xiii, 3rd ed., Fairfax,

VA: Commission on Accreditation for Law Enforcement Agencies, Inc.,(October, 1996):55-1.

25 Id. at 55-1.

26 Id.

27 Commission on the Accreditation for Law Enforcement Agencies, Inc., Standards for Law Enforcement

Agencies:The Standards Manual of the Law Enforcement Agency Accreditation Program, 55-1.

28 National Institute of Justice, Evaluation of Family Violence Training Programs, Research Preview,Washington,

D.C.: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, November 1995, NCJ

FS00925.

29 Commission on the Accreditation for Law Enforcement Agencies, Inc., Standards for Law Enforcement

Agencies:The Standards Manual of the Law Enforcement Agency Accreditation Program, 55-1.

30 Office of Attorney General, Attorney General Guidelines for Victim and Witness Assistance, Article II,C (Exhibit 1).

31 For example;see the Nova Scotia Family Violence System, which tracks domestic violence cases and 

criminal justice response. The System is used as a tool to analyze and guide policies and practices within the

criminal justice system. See also the Juvenile Enterprise Management System (JEMS) program which

integrates the functions/processes of child protection, juvenile justice (including delinquency) and law

enforcement information.

32 Mothers Against Drunk Driving, Death Notification: Breaking the Bad News with Concern for the Professional and Compassion for the Survivor, citing P. Chard, Grief: Handling Theirs and Yours, in EMERGENCY

MEDICAL SERVICES, 16(1) (1987):36-41. Detectives’ apprehensions stemmed from (1) feeling untrained and

unprepared;(2) over-identifying with the victims families because they genuinely cared about their reactions;

(3) personal vulnerability: fear of verbal or physical aggression; and (4) fear of being labeled if they have

difficulty—“if you can’t stand the heat, get out of the kitchen” attitude of colleagues.

71

Chapter 2: Law Enforcement
33 Sawyer, S. F., Support Services to Surviving Families of Line-of-Duty Death, Concerns of Police Survivors, Inc.,

Upper Marlboro, MD:(1990):1, citing F.A. Stillman, Line-of-Duty Deaths: Survivor and Department Responses,

Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, National Institute of Justice.

34 Id.

35 Sawyer, Support Services to Surviving Families of Line-of-Duty Death, 1.

36 Lait, M. and J.Wilgoren,“Council Oks Settlement in Slaying Cases; Suits: City will Pay $2.15 Million to Families of

Two Killed by LAPD Officer. Lax Handling of Domestic Violence is Cited,” L.A. TIMES, February 22, 1997, B1.

37 18 U.S.C. § 922(g)(9).

38 18 U.S.C. § 922(g)(1).

39 18 U.S.C. § 922(g)(8).

40 The Council for Court Excellence has developed a helpful brochure for victims, entitled Recovering Your Stolen

Property: How to Get It Back Once the Police Find It. This was included as a national model for criminal

justice protocol in Focus on the Future:A Systems Approach to Prosecution and Victim Assistance, National

Victim Center, American Prosecutor’s Research Institute, and Mothers Against Drunk Driving supported by a

grant from the U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime,(1994).

72

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
CHAPTER 3

Prosecution

During the past two decades, many prosecutors working in the

juvenile, criminal, federal, tribal, and military justice systems have

changed how they respond to victims of crime in significant ways.

They have played an active role in helping to implement victims’ rights

and services nationwide. Heightened sensitivity to the needs of crime

victims by prosecutors has helped to increase victim participation in

the criminal justice process.

A national survey of prosecutors conducted by the Bureau of Justice

Statistics (BJS) in 1990 found that prosecutors are much more responsive to crime victims than they were in 1974, when the National

District Attorneys Association conducted a similar survey. The BJS

study noted that 

the resources, policies, and practices of prosecutors . . . bear

directly on the nation's response to crime. The results from the

first national survey of prosecutors in more than 15 years reveal

an institution that has had to change to meet new challenges in

criminal justice. One important change is the increased attention

and assistance being given by prosecutors to victims of crime.1

How Prosecutors Are Responding 

to Victims of Crime

In 1982, the Final Report of the President’s Task Force on Victims of

Crime examined specific areas in which prosecutors could improve

their response to crime victims.2 The Task Force urged prosecutors to:

• Inform victims of the status of their cases from the time of the initial

charging decision to determination of parole.

• Bring to the attention of the court the views of victims of violent

crime on bail decisions, continuances, plea bargains, dismissals,

sentencing, and restitution.

• Establish procedures to ensure that such victims are given the

opportunity to make their views on these matters known.

• Charge and pursue to the fullest extent of the law defendants who

harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.

The U.S. Attorney’s Office

will no longer be just a

big concrete and glass

building down on Fourth

Street where people only

go after they’ve been

victimized. Prosecutors

will now have names,

faces, and phone

numbers; they will be

working in the

community they serve

and they will be teaming

up with citizens to 

deter crime.

Eric H. Holder, Jr., 

Deputy Attorney General, and

former United States Attorney,

District of Columbia, 

June 3, 1996, 

Introducing the Fifth District

Community Prosecution 

Pilot Project

73

Chapter 3: Prosecution
• Strongly discourage case continuances, establish on-call systems for

victims and witnesses to help prevent unnecessary inconveniences

caused by schedule changes and case continuances, and implement

prompt property return procedures.

• Give special consideration to both adult and child victims of sexual

assault and establish victim-witness assistance programs.

In this section,New Directions charts the progress of the nation’s

prosecutors in putting these principles into practice. It then offers

recommendations for further action in areas in which implementation

of victims’rights and services has been slow or nonexistent.

One of the most dramatic developments affecting prosecutorial

response to crime victims has been the enactment of laws requiring

prosecutors to provide fundamental rights to crime victims. According

to a study conducted by the Bureau of Justice Statistics in 1994, 86

percent of prosecutors’ offices nationwide were required by law to

provide services to victims; 82 percent were required to notify victims

of the disposition of felony cases concerning them; 60 percent were

required to provide victim restitution assistance; and 58 percent were

required to assist with victim compensation procedures.3 However,

these legislative mandates have not been implemented by many

prosecutors. For example, in a recent study sponsored by the National

Institute of Justice, nearly half of all violent crime victims were not

informed of plea agreement negotiations, even where they had a legal

right to be consulted.4

In 1994, there were approximately 2,350 chief prosecutors and

22,000 assistant prosecutors serving the nation’s 3,109 counties and

independent cities, but nearly half of the U.S. population fell under the

jurisdiction of just 127 offices.5 These offices are located in large

metropolitan areas with populations of 500,000 or more, employ large

staffs, and often have a greater ability to develop specialized programs

and services. Nationwide, the typical size of a prosecutor’s office is

eight staff members, and nearly one-third of chief prosecutors serve

only part-time.6 The ability of prosecutors to provide specialized

victims’services sometimes differs among local prosecutors’ offices

due, in part, to disparities in the size of and resources available to

them. Often, prosecutors in the largest jurisdictions have more

resources to establish comprehensive victim assistance programs than

do prosecutors in smaller jurisdictions. These obstacles, however,

should not preclude all offices from implementing victims’rights and

services. Meeting victims’ basic needs should be a top priority for every

prosecutor in the nation.

On the state level, there is a growing trend among state attorneys

general to establish victim assistance programs or to assign personnel

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
to provide victim support and services. According to the National

Association of Attorneys General, this trend is the result of two forces:

the enactment of state victims’rights constitutional amendments 

and the fact that many attorneys general are former district attorneys

who have seen the benefits of providing services for victims in their

local jurisdictions.7

On the federal level, 93 U.S. Attorneys and more than 4,000 Assistant

U.S. Attorneys prosecute federal crimes.8 Today, almost every U.S.

Attorney’s office employs a victim/witness coordinator. Recent federal

statutes and the Attorney General Guidelines for Victim and Witness

Assistance (AG Guidelines) require that prosecutors make their “best

efforts” to implement federal victims’rights laws.9

Increasing Victim Participation During Prosecution

One of the most important and basic rights of victims during

prosecution is the right to participate.Victims’satisfaction with

prosecutors increases dramatically if they are invited into the decisionmaking process and given the opportunity to present statements at

sentencing and other critical stages. According to a national study

conducted from 1992 to 1994 by the National Victim Center, Mothers

Against Drunk Driving, and the American Prosecutors Research

Institute, with support from the Office for Victims of Crime (OVC), 67

percent of victims were satisfied with prosecutors if they were allowed

to present an impact statement.When victims were not given an

opportunity to do so, only 18 percent were satisfied with prosecutors.10

Victim involvement in key decisions should be a cornerstone of

victims’rights in every jurisdiction, but state laws and prosecutors’

individual policies vary widely.While victim input into sentencing

decisions through the use of victim impact statements or allocution

has increased since 1982, victim input at earlier, crucial moments is

often ignored. Prosecutors should listen to victims, facilitate their input

into prerelease hearings and case continuances, and consult with them

prior to entering into plea agreements.Victim input into bail decisions,

plea agreements, and case continuances must be increased. Currently,

only six states require prosecutors to consult with victims about

pretrial release. However, 29 states require prosecutors to “consult

with” or “obtain the views of” victims at the plea agreement stage.11

Victim input fares much better as the case moves through the

criminal justice system. All states now allow some form of victim input

into parole decisions, and an increasing number of states allow various

forms of input at hearings for work release, furlough, and pardon.

At the federal level, the AG Guidelines highlight the significance of

attorney consultation with victims regarding pleas. They require

Every prosecutor in our

office has been institutionally sensitized to the

needs of victims. At

minimum, we do not lose

cases because victims

decline to participate; at

maximum, our success as

prosecutors has been

dramatically enhanced.

We are, purely and

simply, far more able and

effective performing our

role of protecting the

public and ensuring swift,

fair, and equal justice.

Massachusetts Attorney

General Scott Harshbarger,

Former District Attorney

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Chapter 3: Prosecution
prosecutors to make diligent and reasonable efforts to consult with

victims and witnesses and to provide them with the earliest possible

notice of the terms of any negotiated plea, including the acceptance of

a plea of nolo contendere or the rendering of a verdict after the trial, if

the victim has provided a current address or phone number.

12

Moreover, victims have a basic right to be informed of the status of

their case, but state laws designating prosecutor responsibility for case

status notification are inconsistent across the nation. There is a wide

range in the means of notification required, and not all laws assign

responsibility for notification specifically to prosecutors.Without

clearly assigned responsibilities, individual prosecutors are left to their

own interpretations of statutes or their own sense of responsibility.

Protecting Victims and Witnesses from 

Intimidation and Harm

Responding to threats and acts of intimidation against victims and

witnesses is one of prosecutors’ greatest challenges. A national survey

in 1994 funded by the National Institute of Justice found that intimidation of victims and witnesses was a major problem for 54 percent of

prosecutors in jurisdictions with more than 250,000 residents and for

43 percent of prosecutors in jurisdictions with between 50,000 and

250,000 residents.13

Statutes enacted to protect victims and witnesses from harm take

various forms. For instance,several states have created criminal

offenses for intimidating, harassing, or retaliating against a victim or

witness.14 Many states give crime victims a right to protection, either in

statute or by constitutional amendment.15 At least 27 states require that

victims and witnesses be informed of the measures that are available

for their protection.16 Other states have enacted pretrial reforms that

require the court to consider the safety of a victim or witness in ruling

on a pretrial release.17 More than 30 states have established separate

waiting areas for victims and prosecution witnesses that protect them

from the defendant and defense witnesses.18 Many states have more

than one protective measure available. In addition,several states have

amended their pretrial release laws to require or permit the courts to

enter “no contact” orders as a condition of release. At least 17 states

permit or require the entry of such orders as a condition of release in

cases where there is risk of victim or witness intimidation.19

While great legislative strides have been made to enact victimwitness protection laws, the reality is that many victims are still afraid

to come forward and report crime to the police because they fear

retaliation. This is particularly evident in cases involving victims and

witnesses of gang-related crimes and domestic violence.Within the

past few years, all 50 states have made stalking a crime by statute,

The days of disposing of

criminal cases without

consulting with the victim

are hopefully gone.

Consultation with the

victim is a critical part of

the case to make sure that

victim justice is truly done

for every crime victim. It

is not justice unless it is

justice for both the victim

and the defendant.

Arthur C. “Cappy” Eads,

District Attorney, 

Bell County, Texas

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
allowing enhanced prosecutorial response to threats of intimidation

and harm.20 Other innovative approaches to victim and witness intimidation are being implemented by prosecutors in communities across

the nation.

• In Clark County, Nevada, the District Attorney’s Victim Witness

Assistance Center provides a variety of services to protect victims

and witnesses from intimidation, including assessing their security

needs and making arrangements for temporary housing in motels or

longer term relocation in public housing. Advocates are available 24

hours a day and work with the police department to provide

emergency response to victims or witnesses in danger, including

relocation in the middle of the night.21

• In February 1994, the Department of Housing and Urban

Development (HUD) began a national witness relocation initiative as

part of Operation Safe Home, an initiative to reduce drug trafficking

and crime in public housing launched by HUD, the Department of

Justice, the Department of Treasury, and the Office of National Drug

Control. The relocation program allows residents of public housing

to move to other public housing across the country so that they can

participate as witnesses in criminal prosecutions. The program was

developed because many public housing residents have been unwilling to serve as witnesses due to fear of reprisals.22

Innovations Beyond the President’s Task

Force Report 

In many areas, it is clear that the system of rights and services

available to crime victims throughout prosecution has grown well

beyond the recommendations of the 1982 President’s Task Force.

Notable is the emergence of specialized and vertical prosecution units,

multidisciplinary team approaches, community prosecution, crime

prevention initiatives, and other programs and policies that have significantly improved the treatment of victims in the criminal justice system.

Special Prosecution Units

Many prosecutors have created special units within their offices to

serve victim populations with similar needs,such as victims of

domestic violence,sexual assault, and child abuse. Prosecutors in these

units receive extensive training in their area of specialization. Cases are

handled through vertical prosecution, allowing prosecutors to build

rapport with victims by remaining with the case from intake to

sentencing. These units ensure that victims do not have to tell their

story repeatedly to prosecutors at various stages of the case.

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Chapter 3: Prosecution
• In Kenosha,Wisconsin,the district attorney has established special

prosecution units for domestic violence and sensitive crimes.

The Kenosha Domestic Abuse Intervention Program emphasizes

speedy disposition of cases.Charging decisions are made within 24

hours, and cases are usually resolved within several weeks. All batterers are required to participate in a mandatory treatment program 

as a condition of community supervision. The Sensitive Crimes 

Unit handles all of the county’s adult and child sexual assault cases.

Both units provide training on domestic violence,sexual assault,

batterers’ issues, and victim dynamics for all police departments in

the jurisdiction.

• In Pinellas County, Florida,the state’s attorney’s office has designated

a prosecutor to handle all elder exploitation and neglect cases. The

position, which is part of a special prosecution unit, is responsible for

police training and community outreach and education in conjunction with traditional prosecutor roles. To better address the special

needs of elderly crime victims during the prosecution of a case,the

prosecutor visits victims at their residence to conduct and videotape

interviews. The prosecutor can then file motions to perpetuate

testimony and to secure a speedy trial pursuant to Florida law.

Innovative Programs for Victims with Special Needs 

Many prosecutors’ offices have established innovative programs to

assist victims with special needs, including non-English speaking

victims who need help with translation, elderly victims who need

assistance with transportation, and victims with disabilities.

• The Los Angeles County Domestic Violence Council, founded in 1979

as the first joint government-private sector domestic violence

program in California and chaired by a member of the district

attorney’s office, has initiated five innovative approaches to the

problem of domestic violence. The council has raised more than

$200,000 to fund a domestic violence hotline in five languages;

started a children’s art therapy program in domestic violence

shelters; coordinated a program in which visiting nurses provide

services at shelters; funded the construction of two children’s

playrooms in prosecutors’ offices; and developed a computer

network to link all domestic violence shelters in Los Angeles County.

• The Victim Services Unit in the Philadelphia, Pennsylvania, District

Attorney’s Office uses Vietnamese and Cambodian victim-witness

coordinators to assist Southeast Asian victims throughout the case

process, including translating written and oral information and

helping victims access emergency medical and financial assistance.

The coordinators conduct crime prevention programs and victim

assistance awareness programs for students in local schools.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• The Victim-Witness Assistance Program in the Cook County, Illinois,

State’s Attorney’s Office employs a full-time victim-witness coordinator for seniors, who works in conjunction with the program’s disability specialist and the office’s Elderly Abuse Unit. The coordinator

performs traditional functions of the victim advocate such as attending court, arranging for transportation to and from the courthouse,

and ensuring the availability of wheelchairs and assistance in the

courthouse. The program also addresses the needs of other special

population groups. Advocates have been assigned to assist gay and

lesbian victims and witnesses and to victims and witnesses who are

physically disabled.

Another important area of progress for prosecutors has been their

leadership in establishing or participating in multidisciplinary teams for

the investigation and prosecution of child abuse. Multidisciplinary

teams bring together professionals from different disciplines in one

location to respond to a specific crime. By using this coordinated

response, prosecutors reduce the number of times a child victim must

be interviewed and significantly diminish the likelihood that a child

will be revictimized by an insensitive criminal justice system.

• In Huntsville,Alabama,the district attorney established the nation’s

first children’s advocacy center in 1984 to reduce the trauma the

system was inflicting on children during the investigation and

prosecution of child sexual abuse cases. Rather than requiring children

to retell their story through repeated interviews and examinations by

law enforcement, prosecution, medical, mental health, and social

services agencies,the district attorney created a multidisciplinary

approach in which all of these professionals work together. Today,

over 350 advocacy centers have been established in 48 states.23

• In Santa Cruz, California, prosecutors established a central multidisciplinary interview center at a local child care center to coordinate the efforts of law enforcement agencies in sexual abuse cases.

The center contains state-of-the-art technology for videotaping and

one-way observation of interviews. All local law enforcement

agencies have agreed to use the center’s designated interviewer to

avoid any legal conflicts over the interview process. The assistant

district attorney participates in each interview, and a child protective

service worker observes the child’s responses to determine if he or

she should be returned to a home where an alleged molestation has

been reported.

Community Prosecution

Increasing numbers of prosecutors’ offices are adopting the philosophy of community prosecution. Traditionally, the prosecutor has served

as a public jurist or sanction setter,seeking indictments and convictions

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Chapter 3: Prosecution
after police investigations. The two essential features of community

prosecution are working in the community to identify problems that are

detrimental to the quality of life in the community and solving those

problems through community action and the application of civil and

criminal laws. Today, prosecutors are expanding their roles as

community leaders through establishing interdisciplinary partnerships

with other governmental and private agencies and becoming more

visible to the public. Some jurisdictions have even decentralized the

prosecutor’s main office and established satellite offices that are more

responsive to the neighborhoods in which they are located.In Santa

Monica,California, prosecutors trained in child victimization work

onsite at Stuart House,the local children’s advocacy center, coordinating

cases with law enforcement offices from several jurisdictions and the

team of social workers and advocates assigned to the facility.

For community prosecution to work, prosecutors must address the

root causes of crime and examine systemwide approaches to assisting

crime victims. By taking this broader approach, prosecutors can

accomplish a multitude of objectives not possible with the traditional,

narrow focus of punishing actions in a single case.

• The U.S. Attorney’s Office in the District of Columbia has created a

community prosecution program in the Fifth Police District to work

with residents to respond aggressively to the crime problems that

afflict their neighborhood. Nineteen prosecutors have been assigned

to the project. Their proactive approach to crime prevention,

intervention, and victim assistance emphasizes organizing community

activism, identifying the problems in the community that breed

crime, bringing together individuals in the community who can solve

these problems, attending community meetings, and getting out on

the streets and talking to residents and shopkeepers about the

program. The prosecutors are solely responsible for handling all

criminal cases within the Fifth Police District and do not take other

cases that could divert their resources and attention. Two prosecutors in the program work in the district police station to serve as a

direct link between the community and the U.S. Attorney’s Office.

• In Wisconsin, an interesting approach to providing input from a

neighborhood in which a crime has been committed was developed

by the District Attorney for Milwaukee,Wisconsin, and the U.S.

Attorney for the Eastern District of Wisconsin. These prosecutors

encourage members of the community to submit community impact

statements to the court. Their statements, which are generally used

in cases involving drugs, prostitution, gangs and graffiti, provide a

vehicle for neighborhoods affected by an offender’s criminal acts to

inform the court about the crime’s impact on them, both individually

and collectively.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• Multnomah County, Oregon, District Attorney Michael Shrunk calls

his program the “Neighborhood District Attorney” to emphasize that

prosecution is not the primary activity of the attorneys assigned to

the program. As one of his deputies said,“We are attorneys for our

districts,seeking to solve problems and using the law only when

necessary.” The role of the Neighborhood District Attorney is to help

develop and implement long-term strategies that address problems

in the community in order to enhance its quality of life.

The Role of Prosecutors in Crime Prevention

Increasingly, prosecutors are becoming involved in crime prevention

programs in their communities, and many have initiated such programs

in cooperation with schools. Prosecutors have firsthand knowledge

that truancy contributes to juvenile crime; that it is often too late to

change patterns of truancy once a child reaches junior high or high

school; and that if older brothers and sisters are truant, younger siblings

will often follow in their footsteps.

• In St.Joseph, Missouri,the city’s prosecuting attorney started one of

the nation’s first grade school truancy prosecution programs. The

program allows the prosecution of parents for their children’s

truancy under a state statute addressing educational neglect. Parents

are prosecuted only after failing to respond to a written notice from

the school and the prosecutor’s office of school policies and state

laws mandating attendance. The jurisdiction of approximately 80,000

residents prosecutes an average of 35 truancy cases a year. According

to the city prosecutor,the program has improved school attendance.

Finally, the following innovative program illustrates how prosecutors

can work more effectively to reduce drunk driving.

• The District Attorney’s Office in Santa Cruz County, California, is

developing a unique program to respond to alcohol-impaired drivers

called STAR-DUI. A creative extension of the “Neighborhood Watch”

concept, the program will allow motorists who observe other

vehicles weaving or driving erratically to use their cellular

telephones to place cost-free calls to police dispatchers by dialing

*DUI.Whenever possible, on-duty officers will then stop the reported

vehicle and evaluate its driver for symptoms of intoxication. In cases

in which the suspect vehicle cannot be located, the registered

owner, as indicated by the reported license plate, will be sent a letter

from the District Attorney’s Office advising him or her of the DUI

report and the criminal penalties that are imposed for DUI

violations. Repeat mentions of a suspect from callers will trigger the

police to start a special investigation and prosecution effort. The

program will be publicized through a series of public service

announcements in the local media.

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Chapter 3: Prosecution
Recommendations from the Field 

for Prosecutors

The following recommendations cover policy,procedure, and program

reforms for prosecutors to implement to enhance victims’rights and

services.Because of the varying capabilities of prosecutors’ offices around

the country,the prosecutors’ working group that helped to develop and

review these proposals emphasized that some of the recommendations

may not be practical for all offices, especially ones with small staffs. The

group also expressed concern that consultation with victims might not

be practicable in every case, especially in cases involving large numbers

of victims or when law enforcement objectives would be undermined,

such as in cases involving confidential informants. At a minimum,

prosecutors should ensure that crime victims receive notice of their

legislatively and constitutionally mandated rights and provide information

and referrals about available community-based services.

PROSECUTORS RECOMMENDATION FROM THE FIELD #1

Prosecutors’ offices should notify victims

in a timely manner of the date, time, and

location of the following: charging of

defendant, pretrial hearings, plea negotiations, the trial, all schedule changes, and

the sentencing hearing. Timely notification, orally or in writing, of advanced

scheduling should be provided in relevant

languages. Statutes should require

prosecutors to verify notifications with

documentation in case files or through

another mechanism.

Informing crime victims about key events within the justice system

so that they will have a chance to exercise their rights of participation

is critical. Today, laws requiring victim notification of arrest, pretrial

hearings, the trial,schedule changes,sentencing, parole hearing, and

release from incarceration have been enacted in most states.

However, clear statutory or constitutional language is needed in each

state to define the type of case notification that prosecutors should

provide.Not only do state statutes vary in the types of notification

required,few assign responsibility for implementation to specific criminal

justice officials.Without strict definitions of what their responsibility

entails,prosecutors are left to their own interpretations.In states where

the prosecutor’s responsibility is specifically designated,such as Missouri,

prosecutors have been much more effective in addressing this issue.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
An OVC-sponsored project entitled Focus on the Future:A Systems

Approach to Prosecution and Victim Assistance, conducted by the

National Victim Center in partnership with the American Prosecutors

Research Institute and Mothers Against Drunk Driving, identified over

30 additional types of notifications throughout the criminal justice

process, a number well beyond current statewide statutes and

practices.24 A model bill of rights with specific prosecutorial notification provisions was developed by a coalition of national victims organizations in the early 1990s.25

To reach all victims in the community, particularly populations

underserved due to barriers of language, culture, and disability, notification should be provided in the manner and means most likely to effect

actual notice,such as using appropriate languages and media.

PROSECUTORS RECOMMENDATION FROM THE FIELD #2

Prosecutors should establish victimwitness assistance units to ensure that

victims of crime receive at least a basic

level of service, including information,

notification, consultation, and participation. Prosecutors’ offices should develop

and incorporate into performance evaluations written definitions of the roles and

responsibilities of prosecuting attorneys,

victim-witness professionals, and other

relevant staff and volunteers.

The 1982 President’s Task Force noted that “experience has shown

that the only way of ensuring that the needs of victims and witnesses

are met is to have a separate unit solely dedicated to their assistance.

Prosecutors, police, court personnel, and others in the criminal and

juvenile justice systems are already overworked; moreover, these

professionals may have to direct their primary efforts in ways not

always consistent with response to victim needs.”Although today many

prosecutors’ offices have victim-witness assistance units, national

standards have not been adopted to ensure continunity and quality of

services. In addition, to emphasize the importance of providing victimwitness services, evaluations for prosecutors and victim-witness coordinators of their performance in this important area should be a critical

element of their performance reviews.

Prosecutors have an

obligation to continue to

improve and expand

services to victims of

crime, to speak on behalf

of the victim, and to

protect the victim from

any injustice. Prosecutors

must continue to sensitize

all members of the

criminal justice system to

treat victims like people,

not pieces of evidence.

Harold O. Boscovich, 

Director, Victim/Witness

Assistance Division, 

District Attorney’s Office,

Alameda County, California

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Chapter 3: Prosecution
PROSECUTORS RECOMMENDATION FROM THE FIELD #3

Prosecutors should use the full range of

measures at their disposal to ensure that

victims and witnesses are protected from

intimidation and harassment. These

measures include ensuring that victims

are informed about safety precautions,

advising the court of victims’ fears and

concerns about safety prior to any bail or

bond proceedings, automatically requesting no-contact orders and enforcing them

if violated, and utilizing witness relocation programs and technology to help

protect victims. 

The President’s Task Force stated that prosecutors should “charge

and pursue to the fullest extent of the law defendants who harass,

threaten, injure or otherwise attempt to intimidate or retaliate against

victims or witnesses.”26 Victim and witness intimidation and harm

remains one of the greatest threats to the proper functioning of the

criminal and juvenile justice systems.Victims and witnesses are often

threatened or harassed by defendants and their friends and relatives,

and in many cases it is difficult for prosecutors to file charges of intimidation because the perpetrator is not identifiable.27

Prosecutors should always ask victims a simple question:“Are you

afraid?” and then ensure that victims and witnesses are routinely given

information on remedies such as restraining orders and protective

orders to help reduce the likelihood of intimidation and harassment.

To help protect victims of violent crimes, prosecutors should make

every effort to collect victim impact evidence prior to pretrial release

proceedings so that victims’ fears and concerns about safety can be

addressed.Victims should be encouraged to make an oral statement at

these hearings.

In cases in which victims submit sworn statements asserting harassment, threats, physical violence, or intimidation by the defendant (or at

the defendant's direction) against the victim or the victim's immediate

family, the prosecuting attorney should request that the defendant’s

bail or release on personal recognizance be revoked.

When necessary, prosecutors should establish or use existing

witness relocation programs, including those offered through the U.S.

Department of Housing and Urban Development, in which witnesses

who fear reprisal are transferred to safer housing. Technology is

As doctors rely on nurses

for the skilled continuum

of care, prosecutors find

that advocates provide the

daily connection,

knowledge, and compassion to guide victims

through the justice

labyrinth. The advocate’s

expertise is not the law,

rather the resuscitation of

lives devastated by those

who violate the law.

Vicki Sharp, Director, 

PIMA County Attorney’s Office

Victim Witness Program,

Tucson, Arizona

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
expanding the range of protection measures that prosecutors can 

use to increase victim safety. Among the most effective tools now

used to protect victims and witnesses are cellular telephones, alarm

systems that notify police directly, and electronic bracelets to track

defendants’ movements.

PROSECUTORS RECOMMENDATION FROM THE FIELD #4

Prosecutors should address criminal and

juvenile justice problems that afflict their

communities by exploring the establishment of community prosecution programs

as an adjunct to traditional prosecution.

Prosecutors should recognize the important

role that they can play in reducing crime

and should use the authority of their office

to support effective crime prevention

strategies tailored to the cultures and

language needs of their communities.

Like community policing, community prosecution brings an

organized justice response to the public safety needs of a neighborhood. This innovative approach to prosecution is currently being

implemented and evaluated by some prosecutor’s offices across the

country. Over the next few years, these efforts will show the impact of

this new philosophy of prosecution. Prosecutors across the nation are

establishing crime prevention programs and participating in community

coalitions. They go into schools and talk to youth about their offices’

vigorous prosecution policies against youth crime. For children who

may not yet grasp the consequences of crime, hearing from prosecutors

can make a difference. Prosecutors are also participating in public

awareness campaigns, and these crime prevention efforts should be

expanded. In all of their community prosecution initiatives, as in

Portland, Oregon, prosecutors should ensure that staff include victim

advocates and reflect the cultures and languages of the community.

PROSECUTORS RECOMMENDATION FROM THE FIELD #5

Prosecutors should play a central role in

establishing multidisciplinary efforts to

respond to crime.

The concept and practice of prosecutors forming and joining

multidisciplinary teams has become widely accepted. The power of

employing a multidisciplinary response to crime was first shown in the

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Chapter 3: Prosecution
handling of child sexual abuse cases. As noted earlier in this chapter,

more than 350 children’s advocacy centers now exist across the

nation. In many of these facilities, prosecutors work alongside other

professionals such as police, medical and mental health personnel,

victim advocates, and child protection workers. Some prosecutors have

adapted this multidisciplinary approach to prosecuting sexual assault

and domestic violence cases as well.

PROSECUTORS RECOMMENDATION FROM THE FIELD #6

Prosecutors should advocate for the rights

of victims to have their views heard by

judges on bail decisions, continuances,

plea bargains, dismissals, sentencing, and

restitution. Policies and procedures should

be put into place in all prosecutors’ offices

to ensure that victims are informed in a

timely manner of these crucial rights in

forms of communication they understand.

Victim input into key prosecution decisions is a cornerstone of

victims’rights. However,state law and individual prosecutor policy in

this area varies widely. Since the President’s Task Force, victim input

into sentencing decisions through victim impact statements or allocution has increased dramatically. In other decisions such as plea bargains

and release on bail, victims are often not provided rights for consultation under state statute. Nevertheless, prosecutors can advocate for the

voices of victims to be heard in their courtrooms. Even in states that

have passed victim participation statutes and constitutional

amendments, many prosecutors’ offices lack policies and procedures to

ensure such participation.

All states have passed laws that allow some form of submission of

victim impact information either at the time of sentencing or in the

presentence investigation report, but studies show that most crime

victims do not submit victim impact statements.While some victims

choose not to submit a victim impact statement, many do not because

the prosecuting attorney fails to inform them that they have such a right.

More than three-quarters of violent crime victims surveyed in states with

weak victims’rights protections reported that they were not given an

opportunity to make a victim impact statement. Even in states with

strong protections for victims’rights, nearly half of victims surveyed said

they were not given an opportunity to make a statement.28 One study

has found that when crime victims are encouraged to contribute

information about their victimization, over 90 percent do so.29

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
PROSECUTORS RECOMMENDATION FROM THE FIELD #7

Prosecutors should make every effort, if

the victim has provided a current address

or telephone number, to consult with the

victim on the terms of any negotiated

plea, including the acceptance of a plea of

guilty or nolo contendere.

Because such a large percentage of felony cases are disposed of by

plea agreements and sentencing is often negotiated as part of the plea

agreement, it is essential for prosecutors to seek victim input before

finalizing plea or sentencing agreements.While time constraints and

overwhelming caseloads make it difficult for prosecutors to delay

recommendations for sentences as part of plea agreements, in violent

crimes prosecutors should request judges to postpone any recommendation for sentence until the victim is notified, consulted, and provided

with an opportunity to submit an impact statement.

There are clearly times when the prosecutor cannot ethically abide

by the victim’s preferences, as when it would defeat an obligation to

accord similar sanctions for similar crimes, or the evidence cannot

sustain a conviction at a higher level. There are also times when the

prosecutor can neither accept the victim's wishes nor explain the

reason for a contemplated plea agreement,such as when the defendant

is cooperating with an ongoing investigation or working undercover.

In these cases, prosecutors should not avoid conferring with victims,

who will likely learn about the “lenient” plea and call the victimwitness advocate to demand an explanation. A better technique is for

the prosecutor or advocate to confer with victims beforehand and

indicate at the end that a plea to a lesser crime may be accepted on

“public policy” grounds, which can be described in writing in

published prosecutorial guidelines. The prosecutor or advocate should

then explain that one or more of those legitimate grounds will guide

the final decision.Victims may be upset with such a partial explanation, but less so than having their right to consultation ignored. If a

victim raises an objection to the plea at the subsequent hearing, it is

appropriate for the prosecutor and defense attorney to inform the

court privately about the basis of the plea. In addition, in cases involving large numbers of victims and some other special circumstances,

representatives of prosecutor and victim organizations should meet to

develop protocols for an effective response.

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Chapter 3: Prosecution
PROSECUTORS RECOMMENDATION FROM THE FIELD #8

In all cases, particularly those involving

sexual assault, the prosecuting attorney

should confer with the victim or survivors

before deciding not to file charges, or

before deciding to seek dismissal of

charges already filed.

According to state court data, about one in five criminal cases is

resolved by a prosecutorial decision not to continue or by a court

ruling to drop the charges.30 It is critical that victims have a voice

before such a momentous decision is made final.Victims have a vital

interest in knowing what is happening with the prosecution of the

person charged with the crime against them. It is particularly

important for sexual assault victims to have a voice before the

important decision of not moving forward with a case is finalized.

Speaking with these victims before making a filing decision also

benefits the prosecutor by providing another opportunity to evaluate

victim credibility. In some cases, prosecutors may change their mind

about declining to prosecute because they recognize that the victim

will make a good witness.

While prosecutors decline to file charges in many cases brought to

them by law enforcement and others, it is often a difficult decision.

For a victim, not knowing why the crime was not prosecuted makes

their experience even more painful. It is good practice in all cases to

confer with victims and survivors regarding filing decisions so they

have a clear understanding of the status of the case. The prosecutor

should explain the decision not to bring charges and advise the victim

of other options they may have available to them, including in some

cases filing a civil lawsuit.

PROSECUTORS RECOMMENDATION FROM THE FIELD #9

Prosecutors should establish policies to

“fast track” the prosecution of sexual

assault, domestic violence, elderly and

child abuse, and other particularly

sensitive cases to shorten the length of

time from arrest to disposition.

Prosecutors should encourage judges to

give top priority to these cases on the trial

docket and should try to ensure that the

case goes to trial when initially scheduled.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Victims complain that delays and continuances are one of their

primary frustrations with the criminal and juvenile justice systems. States

need to examine victim-oriented speedy trial laws and establish realistic

time limits for case prosecution.When continuances cannot be avoided,

prosecutors should notify victims and witnesses as soon as possible to

prevent inconvenience and costs such as child care,transportation, and

time lost from work.In addition, procedures should be established to

ensure that cases are continued to dates agreeable to victims and

witnesses, and those dates should be secured in advance whenever

possible. Reasons for continuances should be explained on the record.

Arguing that delays and continuances can result in the “unavailability

of some witnesses and the fading memory of others,” the President’s

Task Force recommended that prosecutors “vigorously oppose continuances except when they are necessary for the accomplishment of

legitimate investigatory procedures or to accommodate the scheduling

needs of victims.”31 Case continuances prolong and intensify the victimization experience and related trauma. They are sometimes used as a

defense tactic to discourage victims from participating in the system.

According to the Task Force,“whenever possible it should be

determined in advance if a continuance is to be granted and the victim

should be informed."32 This recommendation remains valid today.

On the federal level, U.S. Attorneys now routinely use the speedy

trial provision in the Federal Rules of Criminal Procedure to expedite

cases involving child victims.33 The Federal Rules state that “in a

proceeding in which a child is called to give testimony, on motion by

the Attorney for the Government or guardian ad litem, or on its own

motion, the court may designate the case as one of special public

importance. In cases so designated, the court shall, consistent with

these rules, expedite the proceeding and ensure that it takes

precedence over any other.”34

PROSECUTORS RECOMMENDATION FROM THE FIELD #10

Prosecutors’ offices should use technology to enhance the implementation of

victims’ rights. 

The President’s Task Force was farsighted in recommending in 1982

that prosecutors’ offices use an on-call system for victims and

witnesses to help prevent unnecessary inconveniences caused by

schedule changes and case continuances. Today, the on-call method is a

basic service provided by prosecutors and the courts. In hearings

conducted across the nation, the Task Force heard countless testimony

from victims and witnesses who had appeared for a hearing or trial,

ready to cooperate, only to be told to leave and return another day.

Across the country, many

citizens have lost faith in

the criminal justice system.

For years, victims have

been treated as mere afterthoughts, expected to be

there to testify when

needed, but otherwise not

informed, not consulted,

and not made whole.

Indeed, it seems that for

many years the only right

that a victim had was to be

present at the scene of the

crime. Those harmed most

by crime must be afforded

justice — not only those

accused of crime.

Richard M. Romley, 

County Attorney, 

Maricopa County, Arizona, 

Stated in the January/February

1997 edition of 

The Prosecutor, a publication of

the National District Attorneys

Association

89

Chapter 3: Prosecution
The Task Force believed that such a system would benefit the justice

system as well by reducing witness fees and police overtime pay.

Prosecutors should play a leadership role in encouraging uses of

technology that benefit victims. They can encourage judges to allow

distance viewing of proceedings by victims, especially in cases where

there have been changes in venue. This was accomplished with great

success in the Denver trials of the bombing of the Alfred P. Murrah

Federal Building. In those trials, victims watched the proceedings in

Denver, Colorado, from a site in Oklahoma City via a closed-circuit

broadcast. In the future, victims should have the ability to watch

proceedings or provide a victim impact statement from their home or

worksite via an interactive linkup.

To assist victims in the federal justice system, President Clinton

recently called upon the Attorney General to adopt a nationwide

automated victim information and notification system.35 In November

1997,Congress authorized $8 million in funding for such a system which

is in the process of being developed by the Department of Justice.

PROSECUTORS RECOMMENDATION FROM THE FIELD #11

Prosecutors should adopt vertical prosecution for domestic violence, sexual assault,

and child abuse cases.

When a typical case comes into a prosecutor’s office, less experienced

prosecutors are often assigned to handle preliminary matters such as

pretrial release hearings, arraignments, and preliminary hearings.Cases

prosecuted as felonies are often reassigned to more experienced

prosecutors to serve as trial attorneys.While this practice is useful to

give new attorneys experience and allow seasoned attorneys to prepare

for trial or plea negotiations, it can be very upsetting to victims by

forcing them to retell their story to another attorney with whom they

have not yet developed a trusting relationship.

Vertical prosecution prevents this discomfort by retaining the same

prosecutor on a case from intake to disposition, just as the defendant

generally has one attorney throughout. Moreover, vertical prosecution

allows prosecutors to develop expertise on specific types of cases and

resources available to assist each type of crime victim.

90

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
PROSECUTORS RECOMMENDATION FROM THE FIELD #12

Prosecutors should work closely with

victim service providers as well as victims

of domestic violence to establish appropriate prosecution policies and support

research to assess the effectiveness of

proceeding without victim testimony in

domestic violence cases.

While some prosecutors have instituted blanket “no drop” policies in

domestic violence cases,such a policy removes from victims the

power to determine dismissal of charges in domestic violence cases

and may, as a result, place victims in danger of further violence. Many

prosecutors employ this policy to help eliminate the alarming number

of domestic violence cases that simply fall out of the criminal justice

system with no adverse consequences to the batterer.“No drop”

policies should be modified to ensure that case by case determination

is made of the safety of proceeding without a victim’s testimony in

each domestic violence case. Input from the victim is critical to the

effective and safe resolution of domestic violence cases.

PROSECUTORS RECOMMENDATION FROM THE FIELD #13

Victims’ rights and sensitivity education

should be provided to all law students as

part of their basic education in law school

and to all prosecutors during their initial

orientation and throughout their careers.

Law school graduates hired as prosecutors are unlikely to have

received any training regarding the impact of victimization or the

rights of crime victims.While law schools offer courses on criminal law

and procedure, the majority still do not provide specialized courses on

victims’rights.

Prosecutors’ offices should provide comprehensive courses on

victims’rights and services for new prosecutors as well as continuing

education for all staff.Without thorough education on victims’rights,

inexperienced lawyers entering the profession will have little if any

knowledge on the rights and needs of crime victims. All education

should include instruction on victims with disabilities and multicultural

issues, and trainers for all subjects should include a diverse array of

knowledgeable professionals and volunteers, including victims of crime.

Just as every law student

learns about the rights of

the accused, so should

they learn about the 

rights of victims.

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Chapter 3: Prosecution
Increasingly,states are requiring that attorneys receive continuing

legal education on certain victims’ issues. Arkansas, California, Illinois,

Maryland, and Tennessee, for example, have statutorily mandated that

prosecutors handling child abuse cases receive specific continuing

legal education in these critical areas. Integrating domestic violence

issues, as well as other victims’ issues, into legal and prosecutor

education programs will improve the ethical standards of the legal

profession, as well as produce better representation for victims.

PROSECUTORS RECOMMENDATION FROM THE FIELD #14

Prosecutors’ offices should establish

procedures to ensure the prompt return of

victims’ property, absent the need for it as

actual evidence in court.

The 1982 President’s Task Force recommended that prosecutors

recognize their responsibility “to release property as expeditiously as

possible,to take the initiative in doing so, and to establish the procedures

necessary to bring about the expeditious restoration of property to its

lawful owner.”36 To do this effectively,the Task Force recommended that

prosecutors work with law enforcement and the judiciary to develop

procedures and protocol for expeditious property return.37

Today, all states have passed expedited property return laws. Most

laws conform with the advice of the Task Force.While some items may

need to be retained for admission during the trial, items that can be

presented to the jury just as effectively by a photograph should be

returned to the victim.

State law is often unclear on who has the absolute responsibility to

establish property return procedures. A patchwork of property return

policies exists nationwide. In many jurisdictions victims must pay

storage fees for recovered vehicles, or their property is sold at police

auctions before they can claim it.

In 1989, the Council for Court Excellence developed a guide,

Recovering Your Stolen Property: How to Get it Back Once the Police

Find It, that was included as a national model for criminal justice

protocol in the OVC-funded Focus on the Future:A Systems Approach

to Prosecution and Victim Assistance.38 Similar property return guides

should be developed and distributed to victims nationwide.

92

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
93

Chapter 3: Prosecution

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Bureau of Justice Statistics, Prosecutors in State Courts 1990, BJS bulletin,Washington, D.C.: U.S. Department of

Justice, March 1992, NCJ 134500.

2 President’s Task Force on Victims of Crime, Final Report,Washington, D.C.: U.S. Government Printing Office,

December 1982:63-64.

3 De Frances, C. J., S. K. Smith, and L. van der Does, Prosecutors in State Courts 1994, BJS Bulletin,Washington,

D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, October 1996, NCJ151656. This data was compiled from a national survey of prosecutors conducted in 1994.

4 Beatty, D., S. Smith Howley, and D. G. Kilpatrick, Statutory and Constitutional Protection of Victims’ Rights:

Implementation and Impact on Crime Victims, Sub-Report: Crime Victim Responses Regarding Victims’

Rights, Arlington,VA: National Victim Center, 1997:3.

5 President’s Task Force on Victims of Crime, Final Report, 2.

6 Id.

7 This information was reported on April 18, 1997 by Tracy Sanders of the National Association of 

Attorneys General.

8 U.S. Department of Justice, Legal Activities 1995-1996,Attorney Distribution Chart Washington, D.C.: U.S.

Department of Justice, 1995:3.

9 U.S. Department of Justice, Attorney General Guidelines for Victim and Witness Assistance,Washington, D.C.:

U.S. Department of Justice, Office of the Attorney General, 1995:5.

10 Alexander, E.K. and J.H. Lord, A Victim’s Right to Speak, A Nation’s Responsibility to Listen,Arlington,VA:

National Victim Center, Mothers Against Drunk Driving, and American Prosecutors Research Institute: grant from

the U.S. Department of Justice, Office for Victims of Crime, National Victim Center, 1994:40.

11 National Victim Center, 1996 Victims’ Rights Sourcebook:A Compilation and Comparison of Victims’ Rights

Laws,Arlington,VA: National Victim Center, 1997:Section 5.

12 Id. at 10; U.S. Department of Justice, Attorney General Guidelines for Victim and Witness Assistance.

13 Finn, P., and K. Murphy Healy, Preventing Gang - and Drug-Related Witness Intimidation, Washington, D.C.:

U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, November 1996:5.

14 See e.g.,KAN. STAT. ANN. § 21-3832; ME. REV. STAT. ANN. tit. 17A § 454.

15 ALASKA CONST. Art.1,sec. 24, HAW. REV. STAT. § 801D-4; ILL. CONST. ART. 1, Sec. 8.1.

16 National Victim Center, 1996 Victims’ Rights Sourcebook, Section 4 at 99. See e.g., DEL. CODE ANN. tit. 11 § 9406

and 9411; MASS. GEN. LAWS ch. 258B- §3.

17 See e.g., COLO. REV. STAT. §§ 16-4-101, 16-4-105.

18 National Victim Center, 1996 Victims’ Rights Sourcebook, Section 4, at 100.

See e.g.,ARIZ. REV. STAT. § 13-4431, IND. CODE § 35-37-4-11, MICH. COMP. LAWS §§ 28.1287 (757)(787).

19 Id.

94

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
20 Id.

21 U.S. Department of Justice, Serving Crime Victims and Witnesses, 2nd Edition 66,Washington, D.C.: U.S.

Department of Justice, Office of Justice Programs, National Institute of Justice, February 1997:66.

22 See Preferences for Admission to Assisted Housing, 24 C.F.R. 880.615 (1996). HUD has made “Displacements to

avoid reprisals” a federal preference for involuntary displacement, allowing housing authorities to quickly

accept and/or move residents who have provided information on criminal activities to a law enforcement

agency, or based on a threat assessment, have been determined by a law enforcement agency to be at risk of

violence as a reprisal for providing such information. See Preventing Gangs- and Drug-Related Witness

Intimidation, National Institute of Justice, November 1996:34-35.

23 As of November 1997, the National Network of Children’s Advocacy Centers, located in Washington, D.C.,

reports that over 350 Children Advocacy Centers exist nationwide.

24 National Victim Center,American Prosecutor’s Research Institute, and Mothers Against Drunk Driving, Focus on

the Future:A System’s Approach to Prosecution and Victim Assistance, National Victim Center,American

Prosecutor’s Research Institute, and Mothers Against Drunk Driving supported by a grant from the U.S.

Department of Justice, Office of Justice Programs, Office for Victims of Crime, 1994.

25 The two primary victim organizations that developed the model bill were the National Organization for Victim

Assistance and the National Victim Center.

26 President’s Task Force on Victims of Crime, Final Report, 66.

27 Id. at 67.

28 Beatty, Statutory and Constitutional Protection of Victims’ Rights, 4.

29 Id. at 3.

30 Ostrom, B. J., and N. Kauder, Examining the Work of State Courts, 1994, A National Perspective from the Court

Statistics Project — Annual Report, Conference of State Court Administrators, the State Justice Institute, and the

National Center for State Courts, 1996:56.

31 President’s Task Force on Victims of Crime, Final Report, 67-68.

32 Id. at 68.

33 Tit. 18 U.S.C.A. § 3509(j) (speedy trial).

34 Id.

35 Renewing Our Commitment to Crime Victims, Presidential Memorandum for the Attorney General (June 27,

1996).

36 President’s Task Force on Victims of Crime, Final Report, 69.

37 Id. at 68 (Prosecutor Recommendation), 59-60 (Police Recommendation), and 81 (Judiciary Recommendation).

38 National Victim Center, Focus on the Future.

95

Chapter 3: Prosecution
CHAPTER 4

The Judiciary 

Many victims and their families feel that they are the stepchildren of

the criminal justice system, that their rights and concerns are

misunderstood or ignored. In communities across the nation, victims

are denied a voice in decisions to release defendants on bail despite

having legitimate safety concerns, and they are not notified when

defendants are released. Too many victims also are not notified when

the court changes its schedule even though they have taken time off

from work, arranged for child care, and paid for transportation.

While plea agreements offer an efficient means for court systems to

manage overwhelming case loads, they are routinely finalized without

input from, consultation with, or notification of victims, denying

millions of victims their rights to be informed about and have input

into the justice process. Many victims are still not informed of sentencing hearings or of their right to submit a statement about the financial,

physical, and emotional impact of the crime despite the enactment of

victim impact statement laws in every state.2 Moreover, the costs of

crime can be devastating, but judges too often overlook victims’

financial hardship by failing to order restitution or provide appropriate

conditions for its collection.

Judges play a crucial role in the day-to-day implementation of

victims’ rights. Judges, after all, control the courtroom and make rulings

that will affect the court’s observance of victims’ rights to be present,

notified, and heard. At the same time, judges have an obligation to

ensure that the criminal justice process is impartial and fair, and many

judges feel constrained about giving what they consider to be “special

treatment” to crime victims.

Addressing these concerns requires a fundamental shift in viewpoint

to allow judges and other court personnel to see the protection of

victims’ rights and services under law not as “special,” but as appropriate and just. The practices and recommendations discussed in this

section attempt to do this while holding true the balance judges must

keep among the competing and often contradictory interests of

vigorous prosecution and defense.

Progress Since the President’s Task Force 

The Final Report of the President’s Task Force on Victims

recognized the important role of judges in ensuring the rights of

The courtroom is the focal

point of the entire

criminal justice system. . .

The judge who presides

over a court becomes not

only the final arbiter of

each evidentiary and

procedural issue, but also

establishes the tone, the

pace, and the very nature

of the proceedings. Particularly for the victim, the

judge is the personification of justice.1

Lois Haight, 

California Juvenile 

Court Judge and Chair of 

the 1982 President’s Task 

Force on Victims of Crime

97

Chapter 4: The Judiciary
victims as well as defendants. The principal Task Force recommendations for the judiciary included:

• Developing and participating in training programs on the needs and

interests of crime victims.

• Implementing procedures and court processes with sensitivity to the

needs of crime victims, including ensuring that separate waiting

areas are provided for prosecution and defense witnesses and

permitting victims and witnesses to be on call for court proceedings.

• Giving the same weight to the interests of victims and witnesses as

that given to the interests of defendants when ruling on requests

for continuances.

• Facilitating the victim’s efforts to be present and, where relevant,

heard during essential phases of the proceedings.

• Understanding the impact of crime on victims and ensuring sensitivity to their needs in the handling of cases.

Many of these recommendations have been addressed by legislative

changes at the state and federal level, as well as by victims’rights

constitutional amendments in 29 states. However, it is difficult to

measure how well courts are implementing this legislation and

recommendations calling for judges to “recognize” and “give weight to”

the needs of victims at appropriate junctures of the justice process.

Almost immediately after the Task Force issued its recommendations, the U.S. Department of Justice, the National Conference of

Special Court Judges of the American Bar Association, and the

National Judicial College cosponsored the 1983 National Conference

of the Judiciary on the Rights of Victims of Crime. The participants

of the conference represented courts of general and special jurisdiction in all 50 states, the District of Columbia, and Puerto Rico. The

conference adopted a Statement of Recommended Judicial Practices

which further articulated and provided specific direction for

implementing the recommendations in the Task Force’s Final

Report.

3 In addition, in 1984, the Attorney General’s Task Force on

Family Violence issued recommendations for the judiciary for dealing

specifically with victims of family violence.4

Since these events,some judicial training programs and conferences

such as those held by the State Justice Institute, the National Judicial

College, and the National Council of Juvenile and Family Court Judges

have made a practice of offering participants educational programs on

victim issues. Recently, the California Judicial College made training on

victims’rights mandatory for new judges.

98

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Judicial Concerns About Implementing

Victims’ Rights

Before discussing ways in which judges can help victims have a

greater voice in the justice process, it is important to acknowledge the

traditional concerns of judges about taking a more active role for

victims. In 1997, a focus group of a dozen judges and judicial administrators from diverse regions of the country identified why many in the

judiciary have not viewed the enforcement of victims’rights as part of

their courtroom duties.5

According to the focus group, many judges find it difficult to view

victims as having a legitimate role in the justice process because they

are not official parties to the criminal proceedings.6 Judges are also

sometimes unaware of the laws setting forth victims' rights and the

specific services to which victims are entitled.7 Moreover, judges often

worry that paying “special” attention to victims other than as witnesses

for the prosecution impinges on the impartiality of the court and

creates the appearance of impropriety.

8

Judges typically have little or no training on the impact of violent

crime on victims and their families, how victims feel or experience the

criminal justice system,their grieving or healing processes, and

appropriate judicial conduct toward victims. The judge’s control of the

courtroom and the rules of evidence are designed to avoid surprises,

control all participants including witnesses and spectators, and

minimize emotional outbursts.Victims’ expressions of emotional trauma,

fear, anger, confusion, and psychological scarring in the courtroom can

be an unsettling prospect and a threat to courtroom control.

Moreover,traditional court organization and administration do not

encourage problem solving approaches in cases. Limited resources,

crowded dockets, and statutory requirements to process cases within

certain time limits often cause even well-intentioned judges concern about

opening up the process to victim input. Finally,the focus group noted that

many judges believe that victims increase media and public attention on

the court proceeding,often casting judges in an unfavorable light.

Encouraging Judicial Leadership

Judges are uniquely situated to bring together institutions in the

community, including schools, hospitals, and social service agencies,that

can solve the wide range of problems that bring offenders and the

people they victimize to the justice system. By forging public-private

partnerships,these institutions make maximum use of limited resources.

In a civilized society,

members of the judiciary

serve as the collective

guidon of the banner

representing fairness 

and impartiality, both 

for the criminally

accused as well as the

intended victim.

Chief Justice Richard Barajas,

Texas Court of Appeals, 

El Paso, Texas 

99

Chapter 4: The Judiciary
As community leaders, judges can and should be catalysts for coordinating the delivery of services to both victims and offenders.When

judges take a problem-solving approach to administering justice, the

result is greater outreach to the community and greater community

access to the justice system.

• The Municipal Court of Tucson,Arizona,was one of several partners

including the police, victim advocates,prosecutors, and health care

professionals in establishing a Community Domestic Violence Awareness

Center. The center’s victim advocates provide information on domestic

violence and assist victims in obtaining protection orders, either through

an interactive video system or by personally taking the victim to the city

court.During evening hours,weekends, and holidays, a judge is on duty

at the center,where victims can appear and seek assistance.

• In Santa Clara County,California, and a growing number of other local

jurisdictions,the judiciary has taken the initiative in establishing local

family violence councils to provide “a comprehensive response to

domestic violence which addresses prevention,public education,

intervention, and corrections including treatment and rehabilitation.”9

Mandated by the Violence Against Women Act of 1994 as a requirement

for communities to qualify for funding, localities across the nation are

now organizing such councils.10 The councils have led to the creation

of new community partnerships and adjudication alternatives for

batterers and enhanced victim assistance and referral networks.

• In New York,the state has begun an initiative through its Permanent

Judicial Commission on Justice for Children to provide assistance to

children in the courts, particularly children under 5. The Commission’s efforts have focused on promoting early intervention for at risk

children by establishing child care centers in courts across the state

that give children whose parents are in court a safe haven. The child

care centers allow the courts to conduct business more efficiently, but

more important,they provide children sorely needed educational,

nutritional, and social services. The New York State Office of Court

Administration has been instrumental in raising and sustaining support

for maintenance and expansion of the centers.In June 1994, a Court

Rule was issued in the state requiring all new construction or renovation in court facilities to set aside space for child care.

Judges also have an affirmative obligation to explain to the public

what courts do. One example is Navajo Justice Day, in which the

Navajo Tribal Court sponsors an open house for the community and

the media to learn about all aspects of the judicial system. Another

innovative approach is the Wisconsin Supreme Court’s courtcommunity collaboration, which emphasizes outreach to citizens to

inform them about the work of the courts and public input into how

to make the justice system more responsive.11

Judicial leadership is the

single most important

factor in the criminal

justice system for supporting victims’ rights. Judges

have a unique role in

implementing existing 

law and creating new,

innovative solutions to 

old problems.

Hon. Mary C. Morgan (ret.),

Municipal Court of the City

and County of San Francisco,

California 

100

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Restructuring Courts to Solve Problems

The court’s traditional emphasis on procedural rights has led judges in

many instances to neglect other aspects of their mandate to do justice.

Many people, including victims, bring problems to the system that need

attention.In some jurisdictions, judges are addressing the needs of

offenders and victims with a new focus on restorative community

justice that involves the community, holds the offender accountable

through punishment and supervision, and helps the victim to heal.

A good example of judicial leadership to help victims through

problem solving is the pioneering use of neighborhood or community

impact statements in cases involving drug crimes. Traditionally, drug

crimes have been considered “victimless” and courts rarely heard from

people affected by those who sell drugs in their neighborhood. In

some jurisdictions, judges now receive information about how drug

trafficking has affected the community’s quality of life. Neighbors are

given the opportunity to provide information anonymously, and their

statements are incorporated into an overall impact statement for the

case. Judges consult these statements when ordering convicted drug

dealers to pay restitution to community groups in the neighborhood

where the offense was committed. Community members are informed

of their right to submit statements through public education and crime

prevention programs as well as flyers distributed in neighborhoods

following a drug arrest.12

For certain kinds of crimes and victims, problem solving may be

most effective in specialized courts. Current examples are drug courts,

domestic violence courts, community courts that handle "quality of

life" misdemeanor crimes, unified family courts that handle all

problems relating to the family including criminal, civil, and juvenile

matters, and courts designed specifically for child victims. The value of

specialized courts for victims and offenders is that delivery of

resources such as counseling, treatment, and job training can be coordinated in one location, allowing the judge to solve multiple problems in

what traditionally were considered separate court jurisdictions.

• In New York City, the Midtown Community Court focuses on petty

offenses such as prostitution,shoplifting,subway fare skipping,

graffiti, minor drug possession, and illegal peddling that victimize the

community. In sentencing defendants who plead guilty in these

cases, the court and community organizations work together to

make justice constructive for offenders as well as restorative to the

community. Offenders pay restitution to the community through

community service, but they also receive help for their problems

through substance abuse treatment, health care, education, and other

social services. The court is developing a process to help facilitate

statements from community members on the impact of these crimes.

A family violence council

can accomplish a great

deal through its operation.

At the very least, if the

principal persons in the

legal system are present,

communication and

coordination should be

improved within it.

Leonard P. Edwards, 

Superior Court Judge, 

Santa Clara County, California, in Juvenile and Family

Court Journal, 1992

101

Chapter 4: The Judiciary
• In August 1995, following the enactment of state legislation

establishing family violence cases as a priority for the criminal

justice system, 11 county criminal court judges in Dallas County,

Texas, created the first unified family violence court in the state.

The court docket is limited to cases involving family violence

offenses, and the prosecuting attorney’s office expanded its family

violence division to prosecute these cases exclusively. Among the

many benefits for victims has been a streamlined application

process for protective orders. Because the family and criminal

courts are now together, victims attend all proceedings at one

court. Unifying the courts has also led to more efficient dispositions

and an increase in the expertise of judges and court personnel on

the complicated issue of family violence.13

• In Los Angeles County, the Edmund D. Edelman Children’s Court was

established in 1992 as the nation’s first dependency court designed

specifically to meet the needs of children going through the court

process. The building’s small courtrooms are less intimidating to

children than traditional courtrooms. Each courtroom’s semicircular

counsel table is shaped like a smile, and there are specially

designated play areas for children to help reduce stress and trauma.

The court’s public areas have special eating facilities, television sets

tuned to the Disney Channel, and separate diaper changing areas,

and a shelter area offers a secure space for children in out-of-home

placement. Safe, friendly, and private play areas, family visiting rooms,

exercise areas, and conference rooms for children to meet with their

attorneys,social workers, or other care providers are also available.

Special initiatives of the court include counseling services for

children and their families, training and internship programs, and a

child-parent art program. The court is supported by a public and

private sector partnership, the Child Victims in Court Foundation,

which has raised over $1 million since the court began operation.14

The rich American Indian traditions of this country’s tribal justice

systems provide strong models for judicial leadership. In tribal courts,

the goal is to solve problems created by wrongful acts, which are seen

as harming not only the victim, but the offender, the victim and

offender’s families, and the entire community as well. In the Navajo

Nation, for example, justice is administered through a peacemaking

system in addition to a western legal process. In this system, victims,

offenders, and their families are brought together to solve all kinds of

problems ranging from nonpayment of child support to theft. But such

“judicially sanctioned” problem solving need not be limited to small or

culturally homogeneous communities. Peacemaking techniques have

been adopted in an Albuquerque family court where participants are

often of different cultures and do not necessarily share the same values.

If court spaces are

designed around

children, then adults

never forget why they 

are there.15

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
A number of Canadian courts use the concept of the Aboriginal

sentencing circle in which the judge, prosecutor, defense attorney,

victim, offender, community members, and service agencies all come

together to determine remedies,sanctions, and treatment programs

that are appropriate for the victim, offender, and community. Moreover,

family group conferencing based on Maori tradition is used throughout

the New Zealand juvenile justice system, and community reparation

boards are used in Vermont to craft appropriate sentences.

All of these restorative justice mechanisms originated in very different cultures but share common goals:solving problems through a

collaborative process that emphasizes addressing the harm done to the

victim; holding the offender accountable for the harm done; and restoring community relationships by bringing the victim and offender back

into community life. Significant strides have been made in laying a

legislative framework that provides for greater and more meaningful

victim participation in the criminal justice process. At the same time,

judges are hampered by a lack of experience with and training in the

legal rights and legitimate needs of victims. To overcome the concerns

of judges about the full implementation of victims’rights and the

victim’s role in the judicial process, education and training are critical.

Those jurisdictions that have begun to reexamine the basic way in

which justice is administered by giving greater recognition to the role

of the community and the victim in the criminal justice process should

serve as models of how the competing concerns of those affected by

criminal conduct can be justly met.

Recommendations from the Field 

for the Judiciary

These recommendations address the judiciary’s role in implementing victims’rights laws, and apply equally to judges in civil and criminal

courts. Judges in civil courts, particularly family courts, interact with

numerous crime victims and are often the most important arbiters of

justice for these victims. Indeed, throughout all judicial systems, judges,

court administrators, and court personnel must implement the spirit as

well as the letter of laws protecting victims’rights that have been

enacted on the state and federal levels. Judges must enforce victims’

rights in the day-to-day operations of the court, particularly by

ensuring that victims have an opportunity for input prior to plea

proceedings, during the trial, and at sentencing.While a lack of

adequate funding is sometimes the problem, more often full implementation is prevented by the lack of judicial education in victims’rights

and services, a narrow vision in the judiciary of the role of the justice

system, and the failure of the system to make victims’rights a priority.

These new ways of doing

business have been given

many names—community

justice, tribal courts,

specialized courts,

restorative justice—but at

their heart they all share

a commitment to

problem-solving and

partnership with

community groups, nonprofit and government

service providers outside

of the justice system.

These new movements

hold promise for victims.

John Feinblatt, 

Midtown Community Court, 

New York, New York

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Chapter 4: The Judiciary
JUDICIARY RECOMMENDATION FROM THE FIELD #1

The voices and concerns of crime victims

should be recognized and institutionalized

within the justice system. Judges should

advise victims of their rights as routinely

as they advise defendants of their rights. 

All jurisdictions have statutory provisions spelling out the rights of

victims, and 29 states have underscored these rights with the passage

of state victims’rights constitutional amendments. The judiciary has a

major responsibility for ensuring that victims are acknowledged,

informed, heard, and treated fairly and with dignity. The first step is to

recognize that the interests and needs of prosecutors and victims are

not always identical. It would be educational for all participants in the

courtroom to hear judges acknowledge victims and inform them of

their rights. Oral advisement and videotaped and written materials can

be used to explain the justice system and the proper role of victims in

it. Judges must also ensure that victims are aware of rights for which

prosecutors and probation officers have implementation responsibility,

such as notification of hearing dates, case disposition, victim impact

statements, and offender release.

Every court’s administrative staff should have a victim coordinator,

even in jurisdictions in which the prosecutor or probation office

operates a victim/witness program.Victims and their advocates, including court-appointed special advocates and guardians ad litem for

children,should have a formal voice in the court planning process.

Special attention should be given to ensuring that multicultural and

multilingual individuals serve in the courts to enhance the court’s

responsiveness to and understanding of the needs of the various ethnic

and language groups in the community.

JUDICIARY RECOMMENDATION FROM THE FIELD #2

Judges and all court personnel at all levels

of the court system must receive initial and

continuing education on the law concerning

victims’ rights, the impact of crime on victims

and their families, and how the judiciary can

implement the spirit as well as the letter of

these rights. This education must include

training on the special needs of some victim

populations such as victims with disabilities

and non-English speaking individuals.

I sit before you today as a

parent of a murdered

child. Unfortunately, I

am only one of many.

My associates and I have

survived the most

devastating chapter in

any parent’s life, the

senseless loss of a child.

The agony is not easily

retold. In fact, you

couldn’t possibly fathom

the sensation unless you

have survived it.

Ralph H. Hubbard, 

Outreach Coordinator, 

Parents of Murdered Children

of New York State,

Public Forum on 

New Directions, 1995 

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
The importance of educating judges and court personnel about the

proper role of victims in the justice system cannot be overemphasized.

Just as doctors need training in interacting appropriately with patients

and their families, judges and court personnel need training in

understanding the impact of crime on victims and their families and

the role of the justice system in their grieving and healing process.

Training can help judges and court personnel appreciate the potential

of the justice system to exacerbate victims' emotional injuries by

failing to accord them respect, provide them with information, or allow

them to participate.

Judicial education about victims should articulate why victim participation is a difficult subject for the judiciary. There must be thoughtful

dialogue about issues relating to impartiality and opportunities for

judges to not only learn the law but also reexamine basic notions

about how justice is administered in our society.

Education of the judiciary about victim participation must be

reinforced with interaction with victims themselves. Judges and court

personnel need to hear from victims and their families. They should

be encouraged to think about the role of victims in the larger judicial

process in addition to their role in each case. Open dialogue among

judges about victim participation should be encouraged institutionally,

and this discussion must also occur between judges and court personnel, other members of the criminal justice system, the bar, the public

at large, and crime victims. Education about these issues should begin

as soon as possible in a judge’s career, preferably in law school, and

continue throughout the judge’s service. Education on crime victims’

issues must be provided to civil court judges, particularly those in

family or dependency courts, as these judges regularly interact with

hundreds of crime victims.

A model curriculum should be developed for the judiciary that

links information about the rights and needs of victims to standard

programs about trial management, criminal procedure, juvenile

justice, and family law.When judges learn, for example, about their

discretion in excluding witnesses from the courtroom they should

also learn about the importance to victims and their families of being

present for hearings and trials.When judges learn about setting bail

and issuing restraining orders, they should also be apprised of

research indicating when domestic violence is most lethal. Programs

about child victims and victims of family violence,sexual assault, and

hate crimes are good vehicles to educate the judiciary about victim

issues. Judges should assume responsibility for obtaining current

information about victim-related laws and any subsequent

amendment of those laws.

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Chapter 4: The Judiciary
In addition to general training, judges assigned to criminal courts,

and particularly to specialized courts such as domestic violence

courts,should receive intensive training in the impact of such crimes

on victims, the dynamics between victims and offenders, and issues

when judging the credibility of victims such as child victims and

victims of domestic violence and sexual assault. Interdisciplinary

training is essential. To truly act as problem solvers, judges must be

aware of medical, psychological, and child development issues.

Innovative ways need to be explored to allow judges with expertise

in these areas to share that expertise with their colleagues through

mentoring, partnering of courts, and use of experts who ride the

circuit. All training curriculums must address the needs of multicultural and multiethnic groups, and all training initiatives—not just that

on multicultural issues—should use the skills of racially, ethnically,

and culturally diverse trainers.

Court administrators must ensure that judges are provided

ongoing, comprehensive training on victims issues, and that the

specialized training described above is incorporated into training

plans and budgets.

JUDICIARY RECOMMENDATION FROM THE FIELD #3

Judges should facilitate the rights of crime

victims and their families to be present at

court proceedings unless the defendant

proves that their presence would interfere

with the defendant’s right to a fair trial.

Thirty-four states have given victims the right to attend either the

defendant’s trial specifically or the criminal proceedings generally.

16

Furthermore, nearly half of the states guarantee it in their constitutions. In most cases, this right is limited by the requirement that it

apply only to proceedings in which the defendant is also present. In

addition, the majority of the states that allow for the victim’s right to

attend the trial also give judges wide discretion in excluding a victim

from the courtroom in order to preserve the defendant’s right to a fair

trial or based on the victim’s dual status as a witness.

Practical considerations also prevent victims from attending legal

proceedings.In high-profile or multiple-party cases,there are often not

enough seats in the courtroom reserved for the victims and members of

their immediate family.Judges must make a point of setting aside

adequate space in their courtrooms for crime victims and make better

use of technology to expand victims’ access to proceedings. The power

of technology to aid victims was shown recently when closed-circuit

By their attitude and the

attitude of their staff,

judges can set examples

in the treatment of

witnesses and victims. 

We urge that our fellow

judges exercise their

leadership role in improving the treatment of

victims and witnesses.

Victims of crime should

not be victims of the

criminal justice system.

Statement of Recommended

Judicial Practices adopted by

the National Conference of the

Judiciary on The Rights of

Victims of Crime at the

National Judicial College,

Reno, Nevada, 1983

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
television allowed hundreds of victims and survivors of the bombing of

the Alfred P. Murrah Federal Building in Oklahoma City to observe the

trial in Denver,Colorado, from an auditorium in Oklahoma City.

JUDICIARY RECOMMENDATION FROM THE FIELD #4

Judges should consider victim and

community safety in any prerelease or

postrelease decision. As part of any

pretrial release order, including bail,

bond, or personal recognizance, judges

should include a “no-contact” provision

stating that the accused or defendant

shall not harass, intimidate, threaten, or

commit physical violence against the

victim or victim's family.

Judges should invite victim input, whenever possible,regarding the

release of the accused.When bail is allowed, when appropriate it

should be conditioned on the defendant’s restricted access to victims

or prosecution witnesses. If judges find probable cause that the

defendant has harassed, intimidated, threatened, or committed physical

violence against the victim or the victim's immediate family, judges

should revoke the defendant’s bond or personal recognizance and

order that he or she be taken into custody.

JUDICIARY RECOMMENDATION FROM THE FIELD #5

Before imposing a sentence, judges

should permit the victim, the victim’s

representative, or, when appropriate,

representatives of the community to

present a victim impact statement.

Today, all states,the District of Columbia, and the federal government

have enacted victim impact statement laws to allow judges to weigh the

financial, physical, and emotional impact of a crime on its victim in

establishing appropriate sentencing for the defendant. The U.S. Supreme

Court has upheld the constitutionality of victim impact statements at

sentencing, even in the most difficult decisions, capital offenses.Victim

impact statements are an important source of information for judges in

ordering restitution to the victim. In addition to statements from individual victims, community impact statements have been used in drugrelated crimes to provide the courts with information on the impact of

the crime for those living in drug-ridden neighborhoods.

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Chapter 4: The Judiciary
Judges should require the inclusion of victim impact statements,

including community impact statements where appropriate, in all

dispositional hearings, especially plea agreements and sentencing.

Judges should allow for the submission of victim impact evidence both

orally and in writing. Additionally, judges should allow victims to

submit victim impact evidence via audiotape, videotape, or other

electronic means, especially when the victim is a child, elderly, or

disabled, or where travel to the court would be burdensome. To facilitate input from victims who face communication barriers, judges

should make every attempt to locate foreign or sign language

interpreters. Finally, judges should require prosecutors to describe on

the record their efforts to contact and seek input from victims.

JUDICIARY RECOMMENDATION FROM THE FIELD #6

Judges should facilitate the input of crime

victims into plea agreements and resulting

sentences, and they should request that

prosecuting attorneys demonstrate that

reasonable efforts were made to confer

with the victim.

Requiring offenders to acknowledge guilt and take responsibility for

their actions is important to the victim’s healing process and the

offender’s rehabilitation. It is significant for victims’ healing that the

judge acknowledge at the time of sentencing that victims have been

injured,solicit specific information from victims on the crime’s impact

on their lives, and explain the terms of the offender’s sentence.

Judges’ decisions will be better informed if victims are given an

opportunity to provide comments about the plea agreement. In

general, judges should require that reasonable efforts be made to

confer with the victim, notify the victim of the time and date of the

plea hearing, and inform the victim of his or her right to be present

and heard.Whenever possible, the court should be informed of the

victim’s opinion concerning plea agreements.With the vast majority of

cases disposed of through plea agreements, the debate on victims

rights needs to be refocused on this critical juncture of the criminal

justice system.17 Exceptions to this practice should only be made under

extraordinary circumstances such as in cases involving many victims or

confidential informants.

Victim input into the plea process is critical because the rapid

growth in caseloads over the past two decades has forced courts to use

more efficient means of concluding cases. Resolving criminal cases

through plea agreements, which are quicker than formal trials, has

I personally feel that 

it is a miscarriage of

justice to sentence a

defendant who has been

convicted of committing 

a crime against another

person without first

hearing from the victim

and taking into account

the effects the crime had

on the victim’s life.

Judge Reggie Walton, 

The President’s Task Force 

on Victims of Crime, 1982

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
become standard practice in courts today. In 1994, 64 percent of felony

cases in state courts nationwide were disposed of through guilty pleas,

while only 7 percent were disposed of by trial. The remaining cases

were resolved by a decision by the prosecutor not to continue or by

the court to drop all charges.18

With criminal caseloads expected to increase even more in the

decade ahead, the pressure on the judiciary, prosecution, and defense

to dispose of cases through plea agreements will likely also increase.

The great irony for victims is that this is an area of the criminal justice

process in which victims are given fewest opportunities for participation. Nationwide, victims are often not notified about plea negotiations

nor asked to provide input into the plea agreement.

A number of state constitutional amendments and statutes mandate

victim input into the plea bargaining process. Arizona law, for

example,requires that the court not accept a plea agreement unless:

• The prosecuting attorney advises the court that before requesting

the negotiated plea reasonable efforts were made to confer with

the victim;

• Reasonable efforts are made to give the victim notice of the plea

proceedings and to inform the victim that the victim has the right to

be present and, if present, to be heard; and 

• The prosecuting attorney advises the court that to the best of the

prosecutor’s knowledge notice requirements were complied with

and the court was informed of the victim’s position, if known,

regarding the negotiated plea.19

For the benefit of both offenders and victims, consideration should

be given to not accepting no contest pleas.

JUDICIARY RECOMMENDATION FROM THE FIELD #7

As leaders within the justice system,

judges must ensure that victims’ rights

legislation is fully implemented. 

Judges should work closely with the bar to encourage dialogue

with lawyers and the community about the problems of victims

within the justice system. Judges should foster education and an

understanding that solving victims’ problems does not mean denying

rights to offenders. Being leaders within the community means that

judges have a responsibility to hear the public’s views about the

criminal justice system, understand community needs, and encourage

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Chapter 4: The Judiciary
public involvement in the criminal justice system. The philosophy of

community involvement underlying community courts should be

incorporated into all courts.

The chief justice of each state should personally take responsibility

for encouraging dialogue on these subjects. The implementation of

victims’rights should be placed on the agendas of the Conference of

Chief Justices and the Conference of State Court Administrators. The

Model Code of Judicial Conduct and state codes of judicial conduct

should be examined to ensure that judges are encouraged to treat

victims fairly. The Conference of Chief Justices and the Conference of

State Court Administrators should hold educational panels on victim

issues at their annual meetings. Each chief justice should ensure that

the judicial recommendations contained in this report are disseminated

to every judicial officer within his or her state and that appropriate

and continuing educational programs on victim issues are undertaken.

Victim issues are important for federal as well as state court judges.

Victims of crime appear in federal courts in cases involving white collar

crime,terrorist bombings, civil rights crimes, interstate child support

and domestic violence offenses, and crimes committed in Indian

Country, on military reservations, and in other federal enclaves.Victims

also appear in civil cases involving civil rights,sexual harassment, and

employment discrimination.Victim issues should be on the agenda of

the Judicial Conference of the United States,the Federal Judicial Center,

and the Administrative Office of the United States Courts. All judicial

agencies should develop continuing training programs for judges and

all court personnel on victims’rights and services.

The presiding judge in each court is particularly important as a

leader and inspiration among his or her peers, a spokesperson for the

justice system within the community, and a liaison and collaborator

with other branches of government. Judges and courts should see

themselves and be seen by the community as peacemakers and

problem solvers. This message should be taken to law schools, the bar,

and to the community at large. Special steps should be taken to ensure

that this outreach involves all sectors of the community including

culturally or linguistically distinct groups.

Victims and victim advocates should be informed of available

recourse to judicial oversight groups such as judicial disciplinary

committees should they believe a judge has denied a victim’s rights in

court. The California Commission on Judicial Performance has

demonstrated the efficacy of this remedy and has twice brought public

censure on judges who failed to honor crime victims’statutory rights.

Disciplinary committee members should receive ongoing training in

victims’ issues and in substantive victims’rights.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
JUDICIARY RECOMMENDATION FROM THE FIELD #8

Judges should play a leadership role in

ensuring that police, prosecutors, defense

counsel, judges, and court administrators

receive joint training so that all have a

comprehensive picture of what happens

to a victim as he or she navigates through

the criminal justice system. 

Judges should give special consideration to how defense attorneys

and the bar at large can best be educated about crime victims and how

courts can be reoriented to be problem solvers for both offenders and

victims. Appropriate postadjudication victim-offender mediation

programs should be encouraged, but only with adequate safeguards for

the physical and emotional well-being of victims and their families, and

only if requested by the victims. The defense bar and public defenders

as well as prosecutors should be fully involved in the planning and

implementation of specialized courts. Multicultural issues should be

incorporated into all trainings.

JUDICIARY RECOMMENDATION FROM THE FIELD #9

Judges have a responsibility to manage

their cases and calendars to make victim

involvement as feasible as possible.

Modern technology should be used to

give victims greater access to the justice

system and should include multilingual

services at no cost to victims. 

Many victim reforms such as reducing delay, allowing input into the

process at points other than sentencing, and controlling the examination of witnesses are dependent on active case and courtroom management by the judge. The need for “efficiency” should not be used as an

excuse not to inform and involve victims.Victim involvement does

require time, but a properly managed court and calendar can

accommodate reasonable victim participation. Judges set expectations

for attorneys and other participants in the justice system. The local

legal culture will respect and comply with victim involvement if it is

expected and validated by the judiciary.

With appropriate safeguards for statutorily required confidentiality,

modern technology should be used to bring more information about

crime victims and offenders in particular cases to judges. Technology

111

Chapter 4: The Judiciary
should be used to link all agencies within the criminal justice system

to ensure that court orders issued to the same family do not conflict.

Teleconferencing and closed-circuit television should be used to

minimize inconvenience and trauma to victims. Information kiosks,

educational videos, and other educational tools should be used to

educate victims about the justice system and the process and

procedure they should expect. Judges should coordinate with other

criminal justice agencies in the development of a centralized case

tracking system that will provide victims with notice at every stage of

the criminal justice process.

The availability of interpreters and accessibility to the justice system

are important issues for the public, and for victims and their families in

particular. Judges should never assume that disabled crime victims and

their family members would prefer not to or cannot attend court

proceedings. Courts should provide victims with interpreters for all

proceedings whenever needed and possible, and at least one

courtroom in each courthouse should have the capability for real-time

transcription for hearing-impaired victims.

JUDICIARY RECOMMENDATION FROM THE FIELD #10

Judges should order restitution from

offenders to help compensate victims for

the harm they have suffered. If extraordinary and compelling reasons make

restitution impractical or inappropriate,

judges should explain in writing and on

the record why they did not order it.

Judges should order restitution regardless of whether the defendant

was adjudicated through a plea agreement or trial, and regardless of

whether the offender is incarcerated or placed on probation. Courts

should make every attempt to ensure the enforcement of restitution

orders. Judges should also explain to crime victims the purpose of

ordering restitution as part of a sentence, how it is collected and

disbursed, and the avenues available to hold offenders accountable for

payment.Victims should be advised not to have unrealistic expectations about receiving restitution payments from indigent offenders.

In addition, judges should ensure that restitution orders become

automatic liens against the defendant by ordering restitution as a civil

judgment where permitted by law. The judgment can then be enforced

by the government or by the victim or the victim’s beneficiary in the

same manner as a civil action. In cases in which more than one

defendant is convicted of the criminal offense, the defendants should

Victims’ rights laws affect

even America’s northernmost court. The trial

court in Barrow, Alaska,

serves a community of

4,000 and an area half

the size of California.

With the vast distances

involved in some of these

cases, we can use

technology to serve

victims even in the most

remote locations.

Superior Court Judge 

Michael I. Jeffery, 

Alaska Court System, 

Barrow, Alaska

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
be held jointly and severally liable for the judgment. There is a

growing trend to enforce restitution orders as civil liens. Currently, a

majority of states have laws that permit the courts to enforce restitution orders as civil judgments, either at the time of the order or at the

end of an offender’s probationary period. In some states, the laws also

allow the authorities to seize an offender’s property and financial

assets through the use of garnishment or attachment orders when the

offender has failed to satisfy the court’s order.

20

JUDICIARY RECOMMENDATION FROM THE FIELD #11

Judges should play a leadership role in

ensuring that separate and secure waiting

areas are available in all courthouses for

prosecution and defense witnesses to

minimize the contact of victims with

defendants, their relatives, and friends

before, during, and immediately after

court proceedings.

The 1982 President’s Task Force recommended that judges or their

court administrators establish separate waiting rooms for prosecution

and defense witnesses to reduce victim intimidation.21 However, the

practical reality of too many overcrowded courthouses across the

country has prevented the full implementation of this important

recommendation. As new courthouses are designed, the safety of

victims must be taken into consideration.

JUDICIARY RECOMMENDATION FROM THE FIELD #12

Codes of Judicial Conduct should be

amended to reflect the fact that crime

victims play a pivotal role in the criminal

justice system. 

Judges throughout this country are guided by their respective Codes

of Judicial Conduct. These codes are not intended to be exhaustive

guides for the conduct of judges. They are intended instead as

guidelines to assist judges in establishing and maintaining the highest

standards of judicial conduct. The Code of Conduct for United States

Judges applies to all federal judges and serves as a model for state

Codes of Judicial Conduct.

The following specific recommendations,highlighted in bold, are

offered as amendments to the Code of Conduct for United States Judges:22

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Chapter 4: The Judiciary
Canon 3(A)(3)23 should be amended to provide that:

A judge shall be patient, dignified and courteous to litigants,

jurors, victims of crime, witnesses, lawyers and others with

whom the judge deals in an official capacity, and should require

similar conduct of lawyers, and of staff, court officials and others

subject to the judge’s direction and control.

Canon 3(A)(4)24 should be amended to provide that:

A judge shall accord to every person who has a legal interest in a

proceeding, including victims of crime, or that person’s lawyer,

the right to be heard according to law.

Other jurisdictions should modify their respective codes of

conduct accordingly.

JUDICIARY RECOMMENDATION FROM THE FIELD #13

Judicial assignments to specialized courts

or family law or juvenile courts should be

based on experience and interest, not on

lack of seniority or punishment.

There is a perception among some members of the judiciary that

the work of family or juvenile courts is of less distinction or merit than

that of other courts. As a result, assignments or appointments to these

courts typically do carry the same stature in judicial circles and are less

well paid. Judges in other courts may have little understanding of the

nature and complexity of the issues involved in juvenile or family court

cases, limiting their ability to recognize and address these issues when

they arise in their own court.

To the extent that there is a goal of exposing all judges to all assignments, adequate education and mentoring should accompany

rotational assignments. Rotations should be long enough to allow the

new judge to become thoroughly familiar with the assignment and the

law. Judicial salaries should be equalized. In particular, lower salaries

should not be paid to judges sitting in juvenile or family law courts.

JUDICIARY RECOMMENDATION FROM THE FIELD #14

Judges must take a leadership role in

conceptualizing and advocating that the

justice system encompass not only

traditional adjudication and punishment

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
but also holistic problem solving and

treatment for victims as well as offenders. Principles of restorative community

justice and therapeutic jurisprudence

should be incorporated into court systems

with due regard for differing cultures and

ethnic groups.

Courts must reexamine the ways in which they do business and

consider innovative means of achieving justice through the involvement of the community and victims. A reorientation toward problem

solving, as opposed to only adjudication,requires a much broader

allocation of jurisdiction among judges. In family violence cases, for

example,such a reorientation may require a single court to exercise

criminal, civil, as well as juvenile jurisdiction to address all of a family's

problems. This expanded jurisdiction gives the court the authority to

hold the batterer accountable through treatment as well as punishment

and protect and treat both adult and child victims of violence.

Reorienting courts toward problem solving expands the system’s

definition of victim in the context of a particular set of issues. Again

using family court as a model, victims would now include children

who witness violence in their family as well as those who are

themselves battered and sexually assaulted. Moreover, judicial problem

solving expands our definition of restitution. The new objective is to

help the victim achieve healing as well as to hold the offender

accountable. In addition to full monetary restitution, courts must make

counseling,social services, drug and alcohol treatment, and job training

available, when appropriate, to victims and offenders.

One of the important, if

not the most important

aspects of justice is

healing victims, healing

wounded people. One

thinks of justice in the

context of deterrants, of

retribution. But too

infrequently is justice

looked at as a form of

healing, a form of therapy

for victims who cannot

really begin their healing

process until there has

been some public

acknowlegement of what

has befallen them.

Justice Richard J. Goldstone,

Constitutional Court, 

South Africa, and former Chief

Prosecutor, International

Criminal Tribunals for 

the former Yugoslavia 

and Rwanda; speech 

given at the United States

Holocaust Museum,

January 27, 1997

115

Chapter 4: The Judiciary

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
116

Section 2: New Directions for Criminal and Juvenile Justice System Agencies

The Judicial System Today

State courts serve as the primary institution for adjudicating criminal and civil disputes in the

United States. There are 16,400 state trial courts operating in the 50 states, District of Columbia,

and Puerto Rico.25 Of these courts, 13,874 are limited jurisdiction courts and 2,513 are general

jurisdiction courts. In 1994, 27,194 trial judges served in state courts.26

In the federal judicial system, 94 district courts and 12 regional courts of appeals adjudicate approximately 310,000 criminal and civil cases each year.

27 Approximately 1,991 judges comprise the

federal judiciary28 and there are approximately 325 tribal courts in the nation’s tribal justice

system.29

Pressures on the Court System

One of the greatest challenges facing the nation’s judiciary over the past decade has been the huge

growth in the number of serious cases before the courts.30

• In 1995, 86 million new cases were filed in state courts, including approximately 20 million civil

and domestic relations cases, 13 million criminal cases, 2 million juvenile cases; and 51 million

traffic and ordinance violations.

• Between 1984 and 1995, criminal caseloads rose 38 percent, juvenile caseloads rose 55 percent,

and domestic relations caseloads rose 70 percent. In contrast, the U.S. population increased

roughly 10 percent over the same period.

• Felony filings in general jurisdiction courts increased 70 percent between 1984 and 1994.

• Total criminal case filings in the United States reached an all-time high in 1995 of more than 13

million cases—a 38 percent increase since 1984.

• The most rapid growth in domestic relations cases occurred in the area of domestic violence,

with filings in 1995 increasing over 99 percent since 1989.

• On the federal level, U.S. District Courts faced a significant increase of criminal cases filings from

1980 to 1994,rising from 27,968 to 45,774.31
Endnotes

1 President’s Task Force on Victims of Crime, Final Report,Washington, D.C.: U.S. Government Printing Office,

December 1982:72.

2 National Victim Center, 1996 Victims’ Rights Sourcebook:A Compilation and Comparison of Victims Rights

Laws, Arlington,VA: National Victim Center, 1997: §9.

3 National Conference of the Judiciary on the Rights of Victims of Crime, Statement of Recommended Judicial

Practices, Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 1985.

4 Attorney General’s Task Force on Family Violence, Final Report, Washington, D.C.: September 1984: 33-34.

5 The Judicial Focus Group on Victims’ Issues, which met in Washington D.C. on January 27-28, 1997, consisted

of prominent members of the judiciary and judicial administrators. They included the Honorable Mary C.

Morgan (ret.), the Honorable Richard Andrias, the Honorable A. Franklin Burgess, Jr., John Feinblatt Esq., the

Honorable Lois Haight, the Honorable Suzanne W. Knauf, the Honorable Cindy Lederman, the Honorable Rosalyn

Richter, Lynn Hecht Schafran Esq., the Honorable Bill Schma, the Honorable Bill Thorne, and the Honorable

Irene Toledo.

6 Office for Victims of Crime, Report from the Judicial Focus Group on Victims’ Issues, Washington, D.C.: 1997.

7 Id.

8 Id. at 4. Judges report that they often feel caught in the crossfire among prosecutors who resent interference in

their cases, victim advocates who perceive judges as having more power and discretion than they do, and

defense counsel who often paint victims as persons interested only in revenge.

9 Edwards, Hon. Leonard P.,“Reducing Family Violence:The Role of the Family Violence Council,” Juvenile and

Family Court Journal, 2,1992:43.

10 Violence Against Women Act, Tit. IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No.

103-322 (September 13, 1994), codified at 42 U.S.C. 13701.

11 Abrahamson, Hon. Shirley S., A True Partnership for Justice, JUDICATURE,Vol. 80, No.6 (1996).

12 American Prosecutors Research Institute, Community Prosecution:A Guide for Prosecutors, Washington,

D.C.:1995: 32 (National District Attorneys Association prepared under agreement with the U.S. Department of

Justice, Office of Justice Programs, Bureau of Justice Assistance, 1995). This unique concept for victim participation was first initiated by the Milwaukee District Attorney’s Office, and is now routinely used by the U.S.

Attorney’s Office for the Eastern District of Wisconsin.

13 Bush, G.W. and K. J. Greene, The Governor’s Criminal Justice Plan for Texas: Protecting Our Future, Austin,

Texas: Criminal Justice Division, Office of the Governor, fiscal year 1998:58.

14 The Edmund D. Edelman Children’s Court, The Children’s Court Design Committee Report, Los Angeles, California: Juvenile Court Administrative Office, 1995.

15 Id.

16 National Victim Center, 1996 Victims’ Rights Sourcebook, 257.

17 Ostrom, B. J. and N. B.Kauder, Examining the Work of State Courts, 1994:A National Perspective from the

Court Statistics Project, Williamsburg,VA: National Center for State Courts, 1996:66.

117

Chapter 4: The Judiciary
18 Id.

19 ARIZ. REV. STAT. § 13-4423 (1996).

20 National Victim Center, 1996 Victims’ Rights Sourcebook, 275-276.

21 President’s Task Force on Victims of Crime, Final Report, 72.

22 Code of Conduct for United States Judges, Guide to Judiciary Policies and Procedures, Washington, D.C:

Judicial Conference of the United States, 1997: vol ii, ch.1.

23 Id. at 5.

24 Id. at 6.

25 Ostrom, Examining the Work of State Courts, 1994, 17, 14.

26 Id. at 14.

27 Administrative Office of the U.S. Courts, Statistical Report for the Justices and Judges of the United States,

Washington, D.C.:April, 1997:1.

28 Id.

29 Telephone interview between Cathy Sanders (OVC) and the National American Indian Court Judges Association

(April 24, 1997).

30 Ostrom, Examining the Work of State Courts, 1994, 8-9.

31 Committee on Long Range Planning, Proposed Long Range Plan for the Federal Courts, Washington, D.C.:

Judicial Conference of the United States, November 1994:11.

118

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
CHAPTER 5

Corrections

The field of corrections addressed in this section includes the adult

and juvenile justice agencies responsible for the incarceration,

detention, supervision, and surveillance of those accused or convicted

of committing crimes. The corrections system encompasses institutional corrections—our nation’s prison system—and facilities such as

jails that temporarily confine those accused or convicted of crime.

Community corrections includes probation, an alternative sentence to

jail or prison/detention, as well as paroling authorities which have

responsibility for hearings on releasing offenders from incarceration or

detention and supervision following release.

There is no standard organizational model defining the relationships

between correctional agencies on the state or federal level. In some

states, the institutional correctional agency not only manages the

prisons but has responsibility for parole release decisions and parolee

supervision. In other states, the paroling authority is separate from the

state’s institutional correctional agency. For purposes of this section,

institutional corrections refers to prisons and jails, and community

corrections refers to probation and parole.

In recent years,America’s correctional population has grown 7 to 8

percent annually and is now triple the 1980 population, with approximately 3.8 million individuals under some form of correctional supervision.1 Of the total correctional population, about 75 percent is under

supervision within the community.2 Of those incarcerated, about twothirds are in federal and state prisons, and one-third are in local jails.3

The Final Report of the President’s Task Force did not include

recommendations for institutional corrections or probation, and made

only four recommendations for parole.4 The Task Force urged parole

boards to:

• Notify victims of crime and their families in advance of parole

hearings, if names and addresses have been previously provided by

these individuals.

• Allow victims of crime, their families, or their representatives to

attend parole hearings and make known the effect of the offender’s

crime on them.

We have had a tendency

in corrections really not

to give a priority level to

victims of crime. For so

long, it was secondary to

other considerations. In

more recent years, we

have realized that victims

should be at the top of

our agendas and part of

all of the efforts we are

involved in.

Morris Thigpen, 

Director, National 

Institute of Corrections

119

Chapter 5: Corrections
• Take whatever steps are necessary to ensure that parolees charged

with a crime while on parole are immediately returned to custody

and kept there until the case is adjudicated.

• Not apply the exclusionary rule to parole revocation hearings.

The narrow scope of the Task Force recommendations was largely a

reflection of the times. In the early 1980s, victims’rights and services in

corrections were virtually nonexistent. Reforms to increase victim participation largely addressed the front end of the criminal justice system,

affecting the roles and responsibilities of law enforcement, prosecution,

and the judiciary.With the exception of enacting rights for victims to

submit victim impact statements at parole hearings, victims’rights and

services within adult and juvenile corrections were largely ignored.

The Role of Victims in Institutional and

Community Corrections 

Over the past decade, the basic philosophy of correctional agencies

has undergone radical change. Traditionally, correctional agencies

viewed their role as limited to punishing and attempting to rehabilitate

offenders. Today,serving crime victims is also widely accepted as an

important part of the mission of correctional agencies. This new role is

reflected in their governing laws and internal policies and procedures,

as well as in the attitudes of correctional personnel.

Legislative reforms mandating that correctional agencies provide

specific services to victims of crime have substantially increased the

scope of victims’rights and services in corrections. As a result, many

correctional agencies have gained an understanding of crime victims’

needs and developed policies and procedures sensitive to those needs.

These agencies now interpret their responsibility to “protect the

public” as including individual crime victims.

Prisons

The increasing number of offenders in the nation’s correctional

systems since 1982, when the President’s Task Force Final Report was

issued, has had an enormous impact on institutional corrections. In

1982, there were a little more than 400,000 inmates in federal and

state prisons in the United States.7 By 1996, this number had quadrupled to 1.6 million.8

Increasingly, correctional institutions are realizing that victims are

important clients. Two significant steps toward this goal were the

incorporation of service to crime victims in mission statements and the

creation of victim advisory boards, both of which help guide the overall

operation of correctional agencies.Correctional agencies now provide a

We have been in denial

in essence about the role

of the victims in corrections itself. Corrections

has probably been the last

major entity in the

criminal justice system to

really get involved with

victims issues. So as

President, I really want

the American Correctional Association to

embrace the notion of

victims’ issues, victims’

rights, and the role of

victim survivors.

Reginald A. Wilkinson,

Director, Ohio Department of

Rehabilitation and Correction,

President, American Correctional Association 

120

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Chronology of Corrections’ Response to 

Crime Victims

It is noteworthy that the many accomplishments in the area of corrections-based victim services

have been achieved through strong leadership emerging from national corrections associations.

The partnerships they have forged with victim service organizations have been critical to promoting an agenda for victims’rights and services throughout the nation’s correctional system.

A new sensitivity to crime victims emerged in the mid-1980s with the following events:

• In 1986, the American Correctional Association published a landmark policy statement pronouncing that victims have the right to be treated with dignity and respect and the right to notification

of their offenders’status.

• In 1987, the American Correctional Association established a victims’ task force which published

15 recommendations to improve correctional-based victims’services.5 These recommendations

provided a comprehensive national foundation for victims’rights and services in corrections.

• From 1990 to 1994, the Office for Victims of Crime supported the first national crime victims

and corrections training and technical assistance project. Subsequently, more than 40 states, as

well as the federal and military corrections systems, have received training, technical assistance, and support in developing policies and procedures to initiate and enhance correctionsbased victim services.

• In 1990,the first national conference on corrections-based victim services,sponsored by the Office

for Victims of Crime, was held in Sacramento,California, with 150 participants from 40 states.

• In 1991, both the American Probation and Parole Association and the Association of Paroling

Authorities, International, established victim issues committees.

• In 1995, the American Correctional Association Victims Committee issued the landmark Report

and Recommendations on Victims of Juvenile Offenders, recommending that the rights of

victims of juvenile offenders mirror those of adult offenders.6

• In 1995, the Office for Victims of Crime initiated four projects as a continuation of the work

started in 1990: two grants to fund promising practices in victim services in corrections and jails

and in probation and parole, and two training-for-trainers projects on work-related violence and

victim services in corrections.

• In 1996, the Association of State Correctional Administrators formed a victims committee that

works closely with the Office for Victims of Crime to integrate victim service programs into

correctional agencies and work sites across the country.

• In 1997, the Federal Bureau of Prisons formed a Crime Victims Working Group to develop a longrange plan on how the Bureau can better address victims’ needs.

121

Chapter 5: Corrections
variety of services to victims including victim notification of offender

status,restitution collection, protection from intimidation and physical

harm, and innovative victim impact programs to help educate offenders

about the impact of the crimes they have committed.9 These creative

programs and services are discussed in detail later in this section.

Jails

In the United States, jails typically hold men and women who are

awaiting trial or serving sentences of one year or less. In 1996, local jail

authorities held or supervised an estimated 591,459 men and women,

of whom 12 percent (72,977) were supervised through such programs

as community service, work release, weekend reporting, electronic

monitoring, and other alternatives to incarceration.10

With more jails being used as longer term incarceration facilities for

convicted offenders, it is paramount that jails also provide basic

services for crime victims such as notification of changes in offender

status and collection of court-ordered restitution. Jail personnel also

have a responsibility to protect the safety of victims by notifying them

of the pending release of an alleged or convicted offender.When

victims or witnesses complain to jails about harassment or retaliation

by alleged or convicted offenders under their supervision, jail personnel must respond immediately.

A 1996 survey of jails in mega, large, and medium jurisdictions nationwide found, however, that implementation of basic victims’services,

while improving, is still far from an acceptable level. Of the jails

responding to the survey, less than 50 percent have specifically assigned

a staff member to handle inquiries from crime victims or witnesses and

to provide information to them. In addition, 30 percent of jails do not

notify victims and witnesses about the status of offenders or of an

offender’s scheduled release from incarceration, and 50 percent do not

notify victims and witnesses of an offender’s early release or escape.11

Community Corrections

The underlying philosophy of community corrections is also changing

significantly. Providing rights and services for crime victims at this critical

juncture of the criminal and juvenile justice processes is taking on

increasing importance because probation is now the most widely used

correctional tool, and its use is increasing at a faster rate than any other

form of corrections.12 In 1994, of the estimated 3.8 million individuals

under some form of corrections in the United States, 75 percent were

under community corrections.Of those under community corrections, 60

percent were on probation and 15 percent were on parole.13 Moreover, as

the rate of incarceration in our nation’s prisons dramatically increases,

community corrections increasingly is used as a spillway for prisons.14

The number of probation

and parole professionals

that need to place crime

victims on a ‘more even

playing field’ with offenders is increasing—after

all, it is the ‘right and just

thing to do.’ Albeit it not

always the easiest thing to

do. The victims rights

movement continues to be

a powerful force, and

community corrections

must rise to the challenge

being presented or risk

losing their credibility

with the public as well 

as risk losing much

needed resources.

American Probation and 

Parole Association, Promising 

Victim-Related Practices for

Probation and Parole,

February 14, 1997

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Not only has the use of probation expanded, but the type of

offender currently sentenced to probation is starkly different from the

probationer of 30 years ago. Today, the supervised population tends to

be more violent,substance abusing, and transient. Professionals in the

field of community corrections face tremendous challenges in working

with these offenders, who can pose an increasing threat to their

victims and to the community at large.

Victims' rights in the parole process have improved substantially in

the past decade. As of 1995, 43 states have enacted laws allowing

victims to give input at parole hearings through victim impact

statements; 29 states provide, upon request, victim notification of

offender release; 28 states allow crime victims to attend and testify at

parole hearings; and 10 states have “opened” their parole board

hearings to the general public.15

Today, 38 percent of paroling authorities have a staff member

designated to accompany victims, witnesses, and their families to any

hearings related to the offender’s release.16 To reduce potential intimidation and confrontation between victims and offenders at parole

hearings, 75 percent of paroling authorities have taken some type of

action such as separating victims and offenders by one-way glass or

offering victims the opportunity to meet with the parole board

separately.

17 However, less than half of parole agencies provide waiting

areas for victims that are separated by sight and sound from the inmate

or inmate's family.

18 Regarding victim notification of the outcome of

parole hearings, there has been significant progress. A recent survey

found that 88 percent of paroling authorities now inform victims of

hearing outcomes by letter.

19

How Correctional Agencies Are Responding

to Crime Victims

Increasingly, correctional agencies are recognizing that victims are

important clients who need vital services.Correctional agencies are now

more committed to protecting victims from intimidation and harassment,

notifying them of offenders’status and scheduled release,providing

avenues for victim input into release decisions, and collecting restitution.

Correctional agencies are also recognizing the important role that

victims can play in helping them develop policies, procedures, and

programs that benefit victims as well as correctional staff and offenders. Across the nation, crime victims are being asked to join advisory

committees and agency boards, become official members of parole

commissions, and serve as teachers in innovative classes that sensitize

offenders to the human impact of their offenses.

I also feel that I should be

allowed at the parole

hearings or be allowed to

send a representative. I

think it would be very

difficult for me to attend

them, but I feel that it

should be my right to

have the option.

A victim, Final Report of the

President’s Task Force on

Victims of Crime, 1982

123

Chapter 5: Corrections
Correctional agencies are also beginning to acknowledge the needs

of victims in their mission statements. In 1996, only 40 percent of adult

institutional corrections, 51 percent of juvenile institutional corrections, and 66 percent of paroling authorities included service to crime

victims as an important part of their mission.20 In Oregon, the state’s

board of parole has adopted the following mission statement:

The Board’s mission is to work in partnership with the Department of Corrections and local supervisory authorities to protect

the public and reduce the risk of repeat criminal behavior

through incarceration and community supervision decisions

based on applicable laws, victims’ interests, public safety, and

recognized principles of offender behavioral change.

A mission statement addressing victims has also been adopted by

the Maine Department of Corrections:

Restorative justice challenges us to design and administer a

system that places the needs of the victims and the harm done by

the offending behavior at the center of the process by which we

sanction and hold the offender accountable; and, prevention is

our moral obligation.We will promote,support, and facilitate

prevention activities by working with families and communities

to address these factors which put children at risk, and to protect

children from those risks.

Crime victims can help ensure that victim safety and services are

priorities for correctional agencies by serving on victim advisory committees or boards. The Virginia Parole Board is one of a number of parole

boards across the country that have invited victims to be members.

According to the Director of Virginia’s Department of Corrections,“by

having victims on the board we have individuals that can talk to other

parole board members about what the impact of the crime was on the

victim and the consequences on the victim of their decision.”21

Victim Notification

Victim notification of the release of alleged or convicted offenders is a

critical service for victims.Without notification,they are denied the ability

to take precautions for their safety. The importance of providing offender

release information to crime victims has long been recognized. In 1982,it

was one of the primary recommendations of the President’s Task Force on

Victims of Crime for parole.In the Final Report, the Task Force

recommended that parole boards notify victims and their families in

advance of parole hearings if victims provide the paroling authority with

their name and address.In addition,the Task Force called on parole boards

to allow victims of crime,their families,or their representatives to attend

parole hearings and to provide information about the impact of the crime.

A number of years ago we

decided that victims’

rights and the need to

meet victims’ needs would

be a part of our mission.

Elaine Little, 

Director, North Dakota Department of Corrections 

and Rehabilitation

124

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
According to the 1996 National Victim Services Survey of Adult

and Juvenile Correctional Agencies and Paroling Authorities, a fiveyear update of the nation’s first survey of correctional-based victims’

rights and services, marked improvements have occurred in this area.22

The survey found that from 1991 to 1996, the percentage of adult

correctional agencies notifying victims of changes in offender status

increased from 66 to 78 percent; the percentage of juvenile correctional agencies notifying victims of changes in juvenile offenders status

increased from 18 to 55 percent; and the percentage of paroling

authorities notifying victims of changes in offender status increased

from 70 to 80 percent.23

There is, however, no consistent notification on a state-by-state basis

or at the federal level. Some correctional agencies notify victims of

only certain types of inmate releases. Others notify victims of changes

in classification of offenders. Some notify victims of an inmate’s escape,

while others notify victims of an inmate’s clemency or death. On the

federal level, the Federal Bureau of Prisons has created one of the

nation’s first comprehensive victim notification programs, which has

served as a model to the states for the past decade.

Innovative technologies have emerged in recent years that augment

victims’ access to both notification and information. At least 10 state

correctional agencies utilize automated voice response notification

systems that place telephone calls to victims, upon request, and inform

them of offenders’ pending release or release hearings.Victims can also

contact a centralized call center 24 hours a day, 7 days a week. Live

operators at the center confirm offender status updates and referrals to

community-based victim services. Many state correctional agencies are

following the example of the Illinois Department of Corrections, which

incorporates current updates on inmates’status, location and relevant

upcoming hearings that are available to victims and the general public

via the Internet.

In most jurisdictions, victims need to be told about their right to

certain types of notification because state and federal laws require that

crime victims must request that they be notified. Too many victims of

crime do not request notification simply because they have not been

informed that they have a right to do so.

Victim and Witness Protection

Every day in the United States, victims and witnesses are harassed,

intimidated, and retaliated against by incarcerated offenders. Many

correctional agencies have responded creatively to this problem.

Today, 37 states revoke an offending inmate’s privileges, 36 transfer the

inmate to a more restrictive level, 28 allow the filing of a new criminal

charge, and 21 allow enhancement of the inmate’s sentence. In

125

Chapter 5: Corrections
addition, 40 state correctional agencies document such harassment and

threats in the offender’s case file, 35 recommend investigation for

additional prosecution, and 31 recommend revocation of parole when

a parolee harasses, intimidates, or retaliates against a victim.24 In California, the state is using an innovative method to stop the increasing

number of instances in which inmates use telephones or letters to

threaten and harass victims. The California Department of Corrections

has created a program to block victims’ phone numbers from inmate

access and check inmates’ outgoing mail.

In managing offenders who are ordered by the court to community

supervision or released early from prison with supervision, probation

and parole officers need to ensure the safety of victims and the public.

Officers should use surveillance to identify offenders who pose a

continued threat and improve monitoring efforts such as checking with

contacts at the offender's home, employment, and neighbors to ensure

that they are meeting the conditions of their probation or parole.

Just as there are special units in law enforcement and prosecutors

offices, probation and parole departments have begun to establish

special units,such as sex offender and domestic violence units, to

provide intensive probation or parole to reduce the safety risks to

victims and society as a whole. Agents in these units carry smaller case

loads and have received specialized training in intensive supervision of

the type of offenders assigned to the unit.

Correctional agencies are also using intermediate sanctions to

heighten victim safety. Such sanctions include electronic monitoring,

house arrest,random alcohol and other drug testing, parole to a

location other than the victim’s community, mandatory restitution, and

increased surveillance.

Community Notification

By mid-1997, most states had passed laws that either provided for

notice to communities of released sexual offenders, or authorized the

general public or certain individuals or organizations to access the

sexual offender registry. Often referred to as “Megan’s laws” in memory

of 7-year-old Megan Kanka, who was murdered by a twice-convicted

sex offender paroled to her neighborhood, community notification

laws recognize that a community has a compelling interest in being

informed of offenders’ whereabouts. At the federal level, in 1996

Megan’s Law amended the community notification provisions of the

Jacob Wetterling Crimes Against Children and Sexually Violent Offender

Registration Act to require states to release relevant registration

information when necessary to protect the public.25

126

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
To be truly effective, community notification laws require significant

coordination among law enforcement officials, courts, correctional

agencies, victim service providers,the news media, and other key

stakeholders.Correctional agencies play a major role in providing this

service by determining when and to where sex offenders will be

paroled conducting community outreach and public education projects.

A promising practice in planning and implementing community

notification programs emerged in 1990 in the state of Washington. This

truly collaborative approach takes into consideration the rights and

interests of victims, the community, and offenders. The strategy

incorporates the following elements: establishing requirements for

registration,requiring registration information for offenders,

implementing guidelines for failure to register, implementing guidelines

for a preliminary offender risk assessment, compiling an “end of

review” information packet for each offender for distribution to the

prosecutor in the county where the offender plans to reside; distributing special bulletins to law enforcement, developing notification

policies based upon three levels of offenders (low, moderate, and high

risk), creating guidelines for who should have access to sex offender

registry information, and conducting community outreach efforts

including community meetings and public education resources that

involve victims and address their rights and needs.

In addition, the automated voice notification technology described

earlier in this chapter has been modified by the Wisconsin Department

of Corrections to provide both automated registration for convicted

sex offenders and notification to designated parties.

Victim Impact Statements

Today, victims provide input about the impact of crime at parole

(and sometimes parole violation) hearings in person, via audiotape or

videotape, by teleconferencing, or in writing. Their statements give the

paroling authority crucial information about crime’s financial, physical,

and emotional impact.Victim input into the parole process is one of

the few areas of victims’rights in which most states have enacted

legislation. In the past two decades, the passage of laws requiring

victim input at parole has been one of the greatest advances in victims’

rights, with 43 states now providing this right.26 To make this right

meaningful, however, paroling authorities must notify victims of crime

and their families of hearings in advance and schedule time during the

hearing to allow them to describe the crime’s impact on their lives as

required by law in 45 states.27

New state laws requiring victim notification and input into the

decisions of parole boards have helped to ensure that victims have a

meaningful voice in these decisions.

I think that a victim

impact statement balances

the scales of justice. For

once the victim has a

victim advocate . . . 

his own words.

A victim, 

Impact Statements:

A Victim’s Right to Speak, 

a Nation’s Responsibility 

to Listen

127

Chapter 5: Corrections
Patricia Pollard was kidnaped, beaten, and raped in 1974. Her

attacker, Eric Mageary, was sentenced by the state of Arizona to 25

years to life, but was paroled in 1989 without the required notice

to Ms. Pollard. He was later reincarcerated for a parole violation. In

1990,Arizona passed a state constitutional victims’ bill of rights,

along with implementing legislation, which guaranteed victims

the right to notice of and to be heard at hearings, including parole

hearings. State law also provided a remedy if a victim’s rights

were ignored. In 1993, again without required notice to Ms.

Pollard, Mageary was granted release to home arrest. Her right to

notification having been violated, Ms. Pollard exercised the

remedies allowed her under state law, and a rehearing was

ordered. After Ms. Pollard testified, the board reversed its decision

and denied Mageary’s release.28

In Wisconsin, the chairman of the state parole board personally visits

with victims in their homes to obtain victim impact information,

bringing a personal touch to what is often an intimidating process.

Restitution

Restitution is an important part of an offender’s sentence. It

increases accountability by holding the offender financially responsible

for the crime, and it compensates the victim for at least a portion of

the costs caused by the offender’s actions. Correctional agencies play a

pivotal role in ensuring that offenders are held accountable to their

victims through the collection of restitution. Today, 43 correctional

agencies and the Federal Bureau of Prisons have the authority to

collect restitution from offenders sentenced to prison terms.29 The

Federal Bureau of Prisons created an effective restitution collection

program in the late 1980s, and just over half of state correctional

agencies have used this model to develop similar programs.

The reluctance of offenders to pay restitution has led states to be

creative in monitoring and collecting restitution. Sources of restitution

payments now include inmates’ work wages, trust accounts,state and

federal income tax returns, lottery winnings, and inheritances. In

California, the state department of corrections has statutory authority

to attach all deposits in inmate trust accounts and take up to 50

percent for direct victim restitution and court-imposed fines. Today, 50

percent of working inmates in the state are paying restitution.30

Furthermore,some states allow bail payments to be automatically

applied to fulfill restitution orders.(For a more indepth discussion of

restitution,see Chapter 15 of this report.)

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Violations of Conditions of Supervision

In 22 states, victims are allowed to give input prior to or during

parole violation hearings.31 However, when a parolee is charged with

violating the conditions of supervision, only six states routinely notify

victims of the violation and the impending revocation hearing.32 In 14

states, victims of the original offense for which the offender was on

parole are notified of subsequent parole violations.33 In 23 states,

victims of a new offense resulting in a parole violation are notified of

the fact that the offender was a parolee and the crime was a violation

of the conditions of parole.34 Any victim who so requests should be

notified of violations of conditions of supervision and provided the

opportunity to provide input prior to or at any relevant hearings.

Classes for Offenders on the Impact 

of Crime on Victims

Over the past decade, the number of educational programs in

correctional institutions that involve both offenders and victims has

increased greatly. The purpose of such programs is to help offenders

understand the devastating impact their crimes have on victims and

their families and friends, on their communities, and on themselves and

their own families. For victims, participation in programs with offenders is useful because although they cannot undo the harm they have

suffered, they may prevent others from being victimized. Studies

indicate that participation in impact panels can help victims heal

emotional scars.35

• Most notable among victim-offender programs is the Impact of Crime

on Victims (IOC) program initiated by the California Youth Authority

in 1986, and since replicated in over 20 juvenile and adult correctional agencies and numerous diversion programs. IOC programs

include a 40-hour educational curriculum designed to educate offenders about how different crimes affect victims and society as a whole.

• The U.S. Department of the Navy, Corrections and Programs

Division, took an important step in integrating victims into its

corrections process when it issued guidelines in 1996 instructing

U.S. naval correctional facilities to implement impact-of-crime classes

for prisoners prior to their release from custody. Information from

both inmates and correctional staff indicate that offenders have a

greater appreciation of the impact of their criminal conduct after

completing the classes.

• The Federal Bureau of Prisons has piloted victim awareness classes

on drug and domestic violence crimes for offenders in halfway

houses in Baltimore, Maryland, and Tampa, Florida.

You really need to get the

criminal to understand

that they are not the issue,

the victim is the issue,

society is the issue.

Larry Meachum, 

Director, Corrections 

Program Office, 

Office of Justice Programs, 

U.S. Department of Justice

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Chapter 5: Corrections
Victim-Offender Dialogue

During the past two decades, a number of victim-offender dialogue

programs have been developed in juvenile and criminal justice agencies,

predominantly in juvenile probation agencies. These programs, which

primarily work with property crime cases, give victims an opportunity to

engage in a structured dialogue with their offenders, who have already

admitted their guilt or been convicted/adjudicated.When conducted

with sensitivity to the victim and with care to ensure that participation

by both victim and offender is fully voluntary,the victim-offender

dialogue process has been found to be a very effective tool to help

victims overcome their feelings of trauma and loss. The program gives

victims greater satisfaction with the justice system, increases their likelihood of being compensated, and reduces fear of future victimization.

In recent years, correctional agencies have begun to experiment

with the use of victim-offender dialogue in violent crime cases.

• In 1995,the Texas Department of Criminal Justice initiated a victimoffender mediation/dialogue program for victims of severe violence and

their incarcerated offenders. The program was implemented with

careful procedures to ensure that all cases are initiated by the victim and

are appropriate for this form of intervention. The program has been so

popular that more than 230 cases are currently waiting to enroll.

The Victimization of Correctional Staff

Correctional agencies have begun to recognize the impact of victimization on their employees. Correctional professionals are exposed to a

wide range of victimization including verbal harassment by inmates,

sexual harassment by inmates or colleagues, physical or sexual assaults,

hostage-taking incidents, and even murder. To respond to the acute

and chronic trauma this violence has on employees, 32 adult correctional agencies have developed written policies and procedures to

respond to staff victimization and critical incidents.36

When correctional staff are victimized,procedures should be followed

that deal with the effects of victimization.Most agencies have focused their

attention on preventing,not responding to,these critical incidents. There

is still little known about model community supervision protocols that

prevent and respond to staff victimization.Many departments that manage

prisons,including the California,Texas, and South Carolina Departments of

Corrections,have developed solid procedures to assist victimized staff.

These programs could be implemented in the field of community supervision.Guidelines for responding to correctional employees victimized in

the line of duty have been developed under a national training and technical project funded by the Office for Victims of Crime.37 It provides a

comprehensive model for correctional agencies to follow in accordance

with victims’rights laws within their state or on the federal level.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
The Emergence of Restorative Justice

The criminal justice system as a whole, and corrections in particular,

is undergoing a shift from an exclusive focus on offenders to a broader

concern for the interests of victims and the community. When they

seek restorative justice, agencies hope to repair some of the harm to

the victim and the community through service and support. An

important part of restorative justice is actively bringing offenders into

the process of addressing the harm they have caused by both holding

them directly accountable and helping them become productive, law

abiding members of their community.

Correctional agencies are uniquely situated to ensure that offenders

are held accountable to their victims and to the community. Many

correctional agencies are initiating victim-offender programs because

of their restorative potential and placing renewed emphasis on

traditional practices such as restitution which exemplify the restorative

tenet of holding an offender accountable for the financial losses

suffered by their victim.

Numerous correctional agencies have created restorative justice staff

positions, developed victim-offender programs, and refocused agency

policies and programs on restorative principles. National correctional

associations have initiated restorative justice committees that include

victims and advocates as members. Many corrections professionals feel

that this new perspective offers unique opportunities for improving

the effectiveness of their work and allowing them to positively

contribute to the safety and well-being of society.

Recommendations from the Field 

for Corrections

Correctional agencies now provide a variety of victim services and

creative new programs to make offenders more aware of and responsible for the consequences of their crimes. Many agencies regularly

incorporate victim impact information into presentence investigation

reports, collect and disburse restitution, and notify victims of and allow

their participation in parole hearings. Nonetheless, much work remains

to involve victims in correctional decisions as fully as their legislative

and constitutional rights allow. The following recommendations offer

specific steps to move correctional agencies toward that goal.

The unprecedented

partnerships between

correctional agencies,

crime victims, and those

who serve them have

increased and improved

corrections-based victim

services. Perhaps most

important, crime victims

are now validated as

clients of corrections. This

is justice at its finest.

Anne Seymour, 

Project Manager, 

Promising Practices 

and Strategies for Victim

Services in Corrections

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Chapter 5: Corrections
CORRECTIONS RECOMMENDATION FROM THE FIELD #1

Adult and juvenile correctional agencies

should open channels of communication

with the community and with crime

victims. As a first step, every state department of corrections and paroling authority

should establish a victim advisory committee that includes victims and service

providers to guide and support victimrelated policies, programs, and services.

One of the most effective ways correctional agencies can become

more responsive to crime victims’ needs is engaging the community.

Increased communication among corrections professionals, victim

advocates, and crime victims will foster better understanding of their

respective roles in the justice system and help repair longstanding

misunderstandings that fuel mutual distrust. This dialogue must involve

all cultural and ethnic groups in the community. The hiring of

multicultural and multilingual staff for correctional agencies should

become a priority to meaningfully achieve this end.

Following the lead of a number of state correctional agencies, all

state departments of corrections and paroling authorities should create

victim advisory committees or boards to guide the development of

departmental policies and programs. These committees should review

and comment upon a wide range of victim-related issues, including the

agency’s mission statement, victim notification procedures, parole

procedures, policies regarding protection of victims from offender

intimidation, victim-offender programming, and informational materials

for victims. Crime victims, particularly those whose cases have been

through the criminal or juvenile justice system, have a great deal to

contribute to making the correctional system more sensitive and

accessible to victims. Their expertise should be used as part of victim

advisory committees to review all issues that affect victims. Similarly,

some correctional officials serve in leadership capacities within state

victim coalitions and victim service organizations. These mutual efforts

to increase awareness and understanding of the respective needs of

victims and corrections are commendable and should be expanded.

Correctional agencies should have a working knowledge of the

range of victim service providers and resources in their local

community, and pursue opportunities for enhancing collaboration with

them through interagency agreements and joint projects such as the

development of victim service resource directories.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
CORRECTIONS RECOMMENDATION FROM THE FIELD #2

Correctional agencies should designate

staff to provide information, assistance,

and referrals to victims of crime.

The majority of adult corrections and paroling authorities have

designated staff to assist victims of crime, while only a handful of

juvenile correctional agencies have done so. Correctional agencies

should have centralized units that provide a range of services to

enforce victims’rights, coordinate and implement internal training for

staff, external training for victims’ organizations, and cross-training for

allied justice professionals. In addition, every work site within correctional agencies should designate a staff member to serve as liaison to

victims and service providers in the community.

CORRECTIONS RECOMMENDATION FROM THE FIELD #3

Mission statements guiding adult and

juvenile correctional agencies and paroling

authorities should recognize victims as 

an important constituency and address

victims’ rights and services. 

Mission statements articulate an agency’s philosophy and guide the

implementation of the agency’s goals, yet the majority of adult and

juvenile correctional agencies’ mission statements are silent about

their responsibility to crime victims. Including crime victims in

mission statements sends a strong message that victim safety and

well-being is part of the agency’s public safety mission, that victims

are important clients of the agency, and that the agency balances its

philosophy to be both offender-directed and victim-centered. This

philosophy embodies the principles of restorative justice, an

approach that incorporates the rights and needs of the community

and the victim in offender management.

CORRECTIONS RECOMMENDATION FROM THE FIELD #4

Correctional agencies should notify victims,

upon their request, of any change in the

status of offenders, including clemency 

or pardon, that would allow them to 

have access to the community or to the

victims themselves. 

We cannot behave as

though we are islands

unto ourselves. We exist to

protect the public, and if

we can isolate the victims

in the community and

bring them in to tell us

how we can better serve

them, I think that is the

way to go.

Harold W. Clarke, 

Director, Nebraska Department

of Correctional Services

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Chapter 5: Corrections
To augment victims’safety, corrections and custodial agencies must

notify victims well before any planned or scheduled changes in an

offender’s status to give them sufficient time to take precautions for their

safety and prepare to participate in related hearings. Timely notice also

gives victims an opportunity to exercise their right to submit a victim

impact statement or attend and testify at parole or other postconviction

proceedings. Notices should be provided in languages common to the

community, and they should be designed to reach victims with limited

literacy as well as households that do not have telephones.

Upon request, victims should be notified of all significant changes in

inmate status. These status changes include early, educational, work, and

curfew release, and release for overcrowding,funeral and holiday

furlough, discharge,parole, medical emergency, escape and apprehension,

clemency,reincarceration due to revocation of parole, less restrictive

classification, commutation,pardon, death, and death penalty proceedings.

In addition, victims should be notified if an offender on probation or

parole does any of the following: fails to comply with a special

condition ordered by the court or releasing authority; is rearrested;

violates bond or bail conditions; absconds; or is transferred or released

from supervision. In states where there are no parole hearings, victims

should be notified of the name and telephone number of the parole

agent and of all conditions attaching to the supervised release.

At a minimum, correction officials should provide victims with the

following information and assistance regarding the release of an offender:38

• The date and time of the release at least 60 days prior to release.

• Conditions of the release, if any, including no-contact provisions.

• Procedures for contacting officials when violations of release conditions

occur and for reporting acts of harassment,intimidation, and violence.

• Name, address, and phone number of the parole or probation officer

assigned to supervise the offender.

• Name of the offender if different from the name under which the

offender was originally charged, convicted, and incarcerated.

• Known address, city, and county where the offender will be released

or supervised.

• Recent picture and general description of the offender upon release.

• Assistance with the development of a victim “safety plan” if the

victim or authorities believe that the release of the offender threatens the safety of the victim or their family.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• Notification of any violation of the offender’s conditions of release,

and notification of the victim’s right to attend and provide information

orally and in writing at any parole or probation revocation hearing.

CORRECTIONS RECOMMENDATION FROM THE FIELD #5

Correctional agencies should place a high

priority on ensuring the protection of

victims from inmate intimidation, threats,

or physical or other harm from offenders

under their supervision. 

Correctional agencies should use the measures available to them to

limit contact between inmates and victims and respond quickly to

incidents of intimidation or harassment. These measures include

blocking telephone access to victims’ phone numbers through devices

such as Caller ID,screening inmates’ outgoing mail,revoking inmate

privileges, transferring inmates to more restrictive confinement, and in

more serious cases, filing new criminal charges.Where necessary,

legislative authority should be sought to facilitate the use of these

measures. In addition, all correctional agencies should follow the lead

of the 31 states that recommend revocation of parole when a parolee

in any way harasses, intimidates, or retaliates against a victim.

Special attention should be given to protecting special types of

victims from threats of intimidation and harm, including victims of

domestic violence,sexual assault, child abuse and neglect, elder neglect

and abuse, and stalking. Due to the high risk of further victimization in

these cases, protective orders should be a routine condition of release.

Offenders who have committed serious violent crimes and have great

potential to revictimize,such as sex offenders and batterers,should be

placed under intensive supervision. Officers should make frequent

contacts with these offenders and their victims to ensure the victim’s

safety. Probation and parole agencies should ensure that they have

sufficient multicultural and multilingual staff to communicate

effectively with victims and the offenders they supervise.

CORRECTIONS RECOMMENDATION FROM THE FIELD #6

Correctional agencies should make

information about offender status and

victims’ rights accessible to crime victims

through multilingual, toll-free numbers

and printed materials.

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Chapter 5: Corrections
All states should develop a statewide, multilingual, toll-free information line for crime victims to receive timely information about

offender status, location, release dates, parole hearing dates, conditions

of parole, and other relevant information. The Washington State

Department of Corrections, for example, has established a toll-free

number for victims, witnesses, and concerned citizens to call for

information and assistance. This innovative approach ensures accessibility of information to all victims,regardless of where they live or

whether they can afford to make a long-distance telephone call.

Correctional agencies should develop and distribute brochures about

victims’rights and services to victims of offenders they are incarcerating

or supervising. Materials should be multilingual and explain the basic

components and processes of the postconviction criminal and juvenile

justice systems. As part of the sentencing process, victims should be

given specific information about their rights and the services available to

them while the offender is under community supervision or surveillance.

Providing timely information to crime victims is extremely important.

Most crime victims have a much better understanding of the “front end”

of the criminal and juvenile justice system than corrections and parole.

Victims and service providers who do not come into regular contact

with the correctional system find it confusing.It is important for victims

to understand how the process works, particularly how offenders are

processed and the different program and surveillance activities correctional agencies provide.

Victims especially need to know about their rights. The American

Correctional Association strongly recommends that correctional agencies

develop and make available to victims and their representatives easy-to-read

descriptive materials about victims’rights within the correctional system.

The materials should describe the agencies’policies and procedures for

victims’rights and services during supervision and surveillance and include

the name,telephone number, and address of a supervising officer victims

can contact.It is critical that the information be printed in the major

languages spoken by the population in that jurisdiction.Where possible,

multicultural and multilingual victim liaison officers should be available to

ensure that information, assistance, and referrals are provided when needed.

CORRECTIONS RECOMMENDATION FROM THE FIELD #7

Correctional agencies should collect and

distribute restitution payments consistent

with the court’s order to ensure that

victims receive fair compensation from

offenders who are incarcerated or

released on probation or parole. WageThe Department of

Corrections has the strategic information as well as

the statutory obligation to

meet the needs of the

whole community, not

just the offenders, but the

people to whom those

actions have occurred.

Dora Schriro, 

Director, Missouri 

Department of Corrections

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
earning opportunities for inmates, wards,

and parolees owing restitution should be

increased. Restitution and other compensatory sanctions must be enforced,

including requiring the timely payment of

restitution as an automatic, essential

condition of probation and parole.

Paroling authorities should have the

authority to both order restitution and

incorporate a judicial restitution order as

a condition of parole. Statutes should be

amended to provide that any damages

awarded to offenders from civil suits

brought against correctional institutions

be applied first to any outstanding

restitution or civil judgments.

When required by a court order,the obligation to make financial restitution is part of the sanction of the offender, and its collection should

become a high priority in all correctional agencies. The payment of restitution should be the first financial obligation ordered by the court. Legislation should be enacted allowing the extension of probation when

restitution has not been paid to permit continued supervision and enforcement of payment.Release from correctional supervision should be contingent upon meeting financial obligations to victims as well as balancing the

offender’s reasonable opportunity to meet these obligations. The absence

of offender resources at the time of sentencing should not excuse the

offender from the obligation to repay the victim.Rather,reasonable terms

of restitution can be put in place to collect future income.

Records indicate that several million dollars are awarded to prisoners

every year as a result of civil suits brought against the federal prison system

and other correctional authorities.Before these monetary awards are turned

over to offenders,they should be used to satisfy any outstanding restitution

or civil judgement orders and to pay any outstanding fines or fees.

CORRECTIONS RECOMMENDATION FROM THE FIELD #8

Victims should have input into all decisions

affecting the release of adult and juvenile

offenders. Input can be provided through

oral statements; written, audio- or

videotaped victim impact statements; and

video teleconferences of postconviction

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Chapter 5: Corrections
hearings. Victim impact statements should

be included in all presentence reports for

adult and juvenile offenders.

Probation personnel should gather victim impact information through

personal interviews with victims during the presentence investigation

process, and they should ensure that presentence investigation reports

address the impact of the crime on the victim, including the victim’s

financial,psychological, and physical injuries.Victim impact statement

forms should be given to crime victims, and assistance should be

provided, when possible,to help victims complete the forms.When

completed,the statement should be attached to the presentence investigation report and added permanently to the offender’s or inmate's file.If

the statement is written by the probation officer,the victim should be

given the opportunity to read it and file any disagreements on the record.

If community supervision is being considered,specific conditions of

supervision should be ordered based on the victim's input. Special

conditions to consider include restitution and other financial obligations

such as child support,restrictions on offender contact with the victim,

victim awareness classes, victim-offender programming,treatment to stop

the offender's harmful behavior,treatment for alcohol and other drug

abuse, community service with victim service agencies, alcohol and other

drug treatment, and letters of apology when requested by the victim.

Victim impact statements and other presentence information should

be forwarded to probation, corrections, and parole staff to help them

make appropriate recommendations to the court or paroling authority

regarding classification, programming, and release decisions, including

the timely payment of restitution and no-contact orders as conditions

of release.Victims should be given the opportunity to update these

impact statements as necessary. Effective (and preferably automated)

coordination must be established among the prosecutor, court,

probation, corrections and parole.

CORRECTIONS RECOMMENDATION FROM THE FIELD #9

Special consideration should be given to

the needs of victims who participate in

parole proceedings, especially when these

proceedings are conducted within prisons.

Correctional facilities should provide

victims with an orientation to the proceedings and separate waiting areas away

from the offender’s family and friends. 

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Victim involvement in parole hearings was one of the first rights

extended to crime victims in the area of corrections.Over the past decade,

victims’rights to participate in the parole process have increased considerably.In 1996,three-fourths of the states allowed victims to attend and testify

at parole hearings.39 However,even though this right has been extended to

most victims,parole agencies report that less than half of parole hearing

cases filed have victim notification requests, and that victims attend only

one-fourth of parole hearings.40 Research is needed to determine why more

victims are not exercising their right to participate in the parole process.

For those who choose to participate in the parole process, 38

percent of paroling authorities have designated a support person

to accompany victims, witnesses, and their families to hearings

related to the offender’s release, although that person varies by

state and could be a victim-witness advocate, a hearing officer, a

parole board member, or a parole investigator.

41 Moreover, while

the majority of paroling authorities provide information on who

can attend parole hearings and their date, time, and location, other

essential information such as directions to the hearing, guidelines

on how to present testimony, and the order of the testimony to be

presented is seldom provided.

To help protect victims who come forward to attend parole hearings,

75 percent of parole agencies have established procedures to limit or

control face-to-face confrontations between the victim and offender.

42

However, unwanted confrontations between the victim and the

offender’s family and friends are still a concern and it is essential that

facilities provide waiting areas that separate victims and their offenders

by sight and sound.

CORRECTIONS RECOMMENDATION FROM THE FIELD #10

Information regarding the rights and

needs of crime victims should be incorporated into education for correctional staff

at all levels, including administrative and

line staff. When possible, interdisciplinary

training programs should be conducted

with other victim service providers. All

agency staff and parole board members

should be educated on the impact of

victimization and victim services as part of

their job orientation and in ongoing

inservice training. This training should

include issues of cultural sensitivity.

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Chapter 5: Corrections
Without adequately trained staff, the provision of victims’rights and

services within corrections will never be fully realized. Across the

broad field of corrections,training for new and experienced staff in

victim services is needed.Curriculums have been developed by some

states, including Washington,Utah, and South Carolina,that outline the

dynamics of victimization, applicable victim rights laws and regulations,

and how to respond to victims’ needs and concerns. In addition,to help

protect victims from intimidation, harassment, and revictimization by

their offenders, probation and parole training should include supervision and surveillance techniques.

Finally, agencies should provide interagency training and support

public awareness efforts to educate other service providers about

community supervision, and they should seek out opportunities and

forums to accomplish this goal.Victim service conferences and seminars

provide many opportunities for training throughout the year. Myriad

resources, including training curriculums, have been developed through

the leadership and support of the Office for Victims of Crime. Among

them are Promising Practices and Strategies for Victim Services in

Corrections (National Victim Center, 1997); Promising Strategies for

Victim Services in Probation and Parole (American Probation and

Parole Association, 1997); and Responding to Workplace Violence and

Staff Victimization (National Victim Center, 1997).

CORRECTIONS RECOMMENDATION FROM THE FIELD #11

Each correctional agency should establish

written policies and procedures for

responding to correctional staff who are

victimized on or off the job, as well as

for responding to critical incidents within

correctional institutions. Correctional

agencies should provide training on the

impact of crime for staff and supervisory

personnel, beginning with basic

academy training.

Every correctional agency should have policies, procedures, and

programs to deal with staff who are victimized on or off the job and

to assist their families. Support services must include short- and

long-term counseling; peer support groups; group crisis intervention

after critical incidents for victims, witnesses, and any agency

employee who is traumatized by the incident; referrals to victim

services, counseling, and support groups in the community; referrals

to criminal and juvenile justice agencies in cases involving prosecution; and assistance with completing victim compensation and

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
workers compensation forms. Programs should also address the

special needs of staff who witness executions or who provide 

death notifications.

Special training courses should be provided for supervisors on

victimized staff in the workforce. Protocols should be developed to

prevent and respond to offender victimization of officers and staff.

Work-related violence is treated either as a criminal or an administrative matter depending on the nature of the offense. Regardless of the

sanction, victimized staff and their families should be automatically

notified of all major decisions regarding their victimization.

CORRECTIONS RECOMMENDATION FROM THE FIELD #12

To increase offender awareness of the

consequences of their actions on victims’

lives, correctional agencies for both adult

and juvenile offenders should use victim

impact panels and conduct courses about

the effects of crime on people’s lives.

Victim impact awareness efforts should be a basic component of the

educational and treatment program of correctional agencies in diversion,

probation, prison, detention, and parole settings. Resources should be

allocated to maximize the number of participating offenders.Victim

impact classes within correctional agencies should be expanded nationwide, using victim and community volunteers to speak to the classes.

Victim impact panel volunteers should include individuals from culturally diverse communities and persons with bilingual speaking skills.

CORRECTIONS RECOMMENDATION FROM THE FIELD #13

Victim-offender dialogue programs that

ensure voluntary victim involvement,

protect and support victims, and use highly

trained facilitators and mediators should

be available for victims upon their request.

Mediated dialogue between victims and offenders allows victims to

ask questions about how and why they committed their crimes. It

allows offenders to learn more about the impact of their crimes and to

express remorse when possible. Offender accountability is an

important goal of this process but the needs of victims should be the

central focus. Participation must be voluntary for both parties, and

programs must carefully screen and prepare victims and offenders

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Chapter 5: Corrections
prior to arranging for meetings. Meetings should be conducted by a

trained facilitator who is well schooled in the basic tenets of victim

issues and sensitive to the multicultural and multilingual needs of the

victim.Victims should be offered counseling support before and after

meetings and allowed accompaniment to the meetings, if requested.

CORRECTIONS RECOMMENDATION FROM THE FIELD #14

Crime victims should be notified of any

violation of the conditions of an offender’s

probation or parole and should be

allowed to provide input prior to or during

the probation or parole violation hearing.

The victim of the original crime, as well as the victim of any new

crime that is the basis of a revocation hearing,should be notified of the

rearrest of the offender and should have an opportunity for input into

the revocation hearing.

CORRECTIONS RECOMMENDATION FROM THE FIELD #15

When a sex offender is released, uniform

community notification practices should be

developed and implemented to promote

public awareness and provide consistent

protection for citizens from state to state. 

As of mid-1997, most states had enacted laws providing for

community notification of released sex offenders or authorizing access

to sex offender registration by the general public or to certain

community organizations and officials.43 Considering that few states

had implemented such a law prior to 1994, great legislative progress

has been made to improve the safety of victims and our communities.

However, while the federal Megan’s Law amendment that took effect

in May 1996 requires states to release relevant information on

registered sex offenders as necessary for public protection, each state

is allowed to determine how such notification will be accomplished.

As a result, while virtually anyone in the nation can find out where

registered offenders reside in every county in Kansas, for example,

through the website of the Kansas Bureau of Investigation,44 registration information in Connecticut may be released only to governmental

agencies conducting background checks or to an individual citizen

when it is determined that disclosure is necessary to protect that

individual’s safety.

45 In California, citizens can view a listing of

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
registered offenders in the state via CD-Rom at their local law enforcement agency,

46 while individuals in North Carolina must provide

pertinent information about the person they are checking on in order

to obtain a copy of an offender’s registration form.47 Massachusetts

permits inquiries on whether any sex offenders live or work within a

one-mile radius of a specific address or street.48

Such wide disparity in the way community notification laws are

implemented defeats the intent of the federal mandate. As Congressman Dick Zimmer, the legislation’s primary sponsor, testified at a

hearing of the House Subcommittee on Crime,“Our communities have

the right to know if there is a potential threat to their children’s safety.

But that safety is jeopardized if every state has different notification

procedures.We must strengthen the existing law and ensure that a

strong, uniform Megan’s Law is in effect in every state.”49 To create a

community notification system that is effective across state lines,states

must adopt policies and procedures that are consistent with those in

other states. Information sharing among the officials responsible for

sex offender registration and notification programs in each state is

critical to developing the most effective notification strategy possible.

In 1996, in response to a Presidential directive, the Attorney General

developed a plan for a national database to track convicted sex offenders;shortly thereafter, Congress mandated the establishment of such a

database.50 The database has been operational since early 1997, and a

growing number of states participate by providing sex offense conviction information. The database can be accessed by law enforcement

officers from all jurisdictions, and alerts them to individuals’sex

offense convictions in states that participate in the database. States

should be encouraged to participate in the national database. Furthermore, as community notification strategies are implemented and

improved, victims and advocates should be involved in all planning,

outreach, and education efforts.

Additionally, public education and awareness of the proper use of

the information obtained through community notification must be

integrated into the notification process, not only to inform members of

the public how to access such information but also to warn of the

consequences of taking criminal action against an offender.

143

Chapter 5: Corrections

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Beck,A. J., and D. K. Gillard, Prisoners in 1994: BJS Bulletin, Washington, D.C.: U.S. Department of Justice, Office

of Justice Programs, Bureau of Justice Statistics,August 1995; Searching for Answers: Criminal Justice Research,

Development and Evaluation, Annual Report to Congress,Washington, D.C.: U.S. Department of Justice,

National Institute of Justice, 1995, NCJ 162042.

2 Id.

3 Id.

4 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: U.S. Government Printing Office,

December 1982:83-85 (discussing the recommendations for parole boards).

5 American Correctional Association, Task Force on Victims of Crime: Final Report, Fort Worth,TX: National

Victim Center, June 1988:3-4. In 1989, the Task Force became a standing committee of the American Correctional Association.

6 American Correctional Association Victims Committee, Report and Recommendations on Victims of Juvenile

Crime,American Correctional Association Victims Committee, 1995.

7 Id. at 1.

8 “Nation’s Jail and Prison Incarceration Rate Almost Doubled During Last Decade,” DOJ Press Release, Washington, D.C.: U.S. Department of Justice, January 19, 1997:1 (press release citing D. K. Gilliard and A. J. Beck);

Bureau of Justice Statistics, Prison and Jail Inmates at Midyear 1996, Bulletin,Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, NCJ 162842.

9 Id.

10 Beck and Gillard, Prisoners in 1994, 3.

11 Seymour,A.,National Victim Services Survey of American Jails 1996,Arlington,VA: National Victim Center,

April, 1997.

12 Champion, D. J., Probation and Parole in the United States, Merrill Publishing Company, 1990:27.

13 Camp, G. and C. Camp, The Corrections Yearbook 1994, South Salem, NY: Criminal Justice Institute, Inc., 1994.

14 Brown, R. H., Statistical Abstract of the United States, Washington, D.C.: U. S. Department of Commerce,

September 1994.

15 National Victim Center, 1996 Victims’ Rights Sourcebook:A Compilation and Comparison of Victims’ Rights

Laws,Arlington,VA: National Victim Center, 1997:§9 (discussing the right to input at parole hearings).

16 Seymour,A.,National Victim Services Survey of Adult and Juvenile Correctional Agencies and Paroling

Authorities 1996, Arlington,VA: National Victim Center,April 1997:15.

17 Id. at 15, 16.

18 Id. at 16, 17 (48% of paroling authorities provide separate waiting areas).

19 Id. at 17.

144

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
20 Id. at 1.

21 This statement was made in January of 1997, at the American Correctional Association’s winter conference by

Ron Angelo, Director of Virginia’s Department of Corrections.

22 Seymour,National Victim Services Survey of Adult and Juvenile Correctional and Paroling Authorities 1996.

23 Id. at 25.

24 Seymour, Crime Victims and Corrections, 5.

25 Megan’s Law, Pub. L. No. 104-145, 110 Stat. 1345, amended subsection (d) of section 170101 of the Violent Crime

Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796, 2038 (codified at 42 U.S.C. § 14071),

which contains the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.

26 National Victim Center, 1996 Victims’ Rights Sourcebook..

27 Id.

28 State ex rel. Hance v. Arizona Board of Pardons and Paroles, 875 P.2d 824 (Ariz. Ct. App. Div. 1, 1993) review

den. 1994.

29 Seymour, Crime Victims and Corrections, 5.

30 Seymour,A., California Department of Corrections Evaluation of the Victim Services Program, June 1995.

31 Seymour, Crime Victims and Corrections, 5.

32 Id.

33 Id.

34 Id.

35 For example, in a three-year study funded by the National Institutes of Mental Health to measure the effect of

victim impact panels on victims who speak at them, data indicated that over 80 percent of the victims were

helped by speaking, ten percent were neither helped nor hurt, and eight percent were hurt. Mercer, Dorothy,

R. Lord, and J. Lord, Sharing Their Stories:What are the Benefits? Who is Helped?, paper presented at the

Annual Meeting of the International Society for Traumatic Stress Studies, Chicago, Illinois, November 8, 1994.

The victims who were hurt by speaking apparently were pushed into speaking before they were ready.

36 Seymour, Crime Victims and Corrections.

37 Seymour,A., et al., Promising Practices and Strategies for Victim Services in Corrections: Responding to

Workplace Violence and Staff Victimization, Arlington,VA: National Victim Center, 1997:53-54.

38 Drawn from: Seymour, Promising Practices and Strategies for Victim Services in Corrections.

39 National Victim Center, 1996 Victims’ Rights Sourcebook..

40 Seymour,National Victim Services Survey of Adult and Juvenile Correctional Agencies and Paroling Authorities 1996, 14.

41 Id. at 14-15.

145

Chapter 5: Corrections
42 Id. at 15.

43 States which prohibit access to sex offender registration information except to criminal justice officials are

Hawaii,Kentucky, Missouri, Nebraska, and New Mexico.

44 KAN. STAT. ANN. § 22-4909. Registered offenders can be checked at www.ink.org/public/kbi.

45 CONN. GEN. STAT. § 54-102r.

46 CAL. PENAL CODE § 290.4.

47 N.C. GEN. STAT. § 14-208.9.

48 MASS. GEN. LAWS ANN. ch. 6§§ 178c et seq.

49 Hearing on Megan’s Law Before the Subcomm. On Crime of the House Committee on the Judiciary, 104th

Cong., 2d Sess.,Testimony of Rep. Zimmer (Mar. 7, 1996).

50 Pam Lychner Sexual Offender Tracking and Identification Act of 1996, Pub. L. No. 104-236, 110 Stat. 3093.

146

Section 2: New Directions for Criminal and Juvenile Justice System Agencies
SECTION III

New Directions

for Victim

Assistance and

Allied Professions

Members of many different professions work

directly with crime victims or come into

contact with them on a daily basis. In addition to the field of victim assistance, primary among

these are the fields of health care, mental health, law,

education, faith, business, and the news media.This

section describes the important roles that these professional communities can play in assisting victims

and chronicles the major accomplishments that each

has made over the past few decades to meet victims’

needs.

This section also identifies areas within each profession where services for victims of crime can be

enhanced and highlights the innovative promising

practices that have been developed to improve victim services. Each chapter contains recommendations developed by experts in that profession and

others in the victims’ field.The recommendations do

not necessarily reflect the views of any one individual or group, but reflect a wealth of diverse voices

from the field.

Many of the recommendations focus on developing educational programs on victims’ issues, policies

and protocols for working with victims, technological

applications,programs that involve victims themselves
in providing services, multidisciplinary initiatives,

and sensitive responses to staff victimization. A common theme running through all of the recommendations is an urgent concern to meet the needs of

underserved victims,such as victims with disabilities, hate and bias crime victims, and gang violence

victims, and to improve outreach to victims when

language or cultural barriers prevent access to

services.
CHAPTER 6

New Directions 

for the Victim

Assistance 

Community 

In the early 1960s, incidents of serious crime began to steadily rise

in the United States, and their devastating effect on American life was

evident by the early 1970s. In 1981, the year before the convening of

the President’s Task Force on Victims of Crime, the number of people

victimized nationwide reached an historic high point. The victims’

movement began in earnest during this period.1

Early major strides were made in local communities by volunteers,many

of whom were victims or survivors of crime motivated by the inadequate

response of the criminal justice system in the aftermath of their victimization. The first three victim assistance programs in the United States were

established in 1972. Two were rape crisis programs:Bay Area Women

Against Rape in Alameda County,California, and Rape Crisis Services in

Washington,D.C. The third program,Aid to Victims of Crime,in St. Louis,

Missouri, concentrated on crisis intervention for all crime victims.In 1974,

the first battered women's shelter was established in Denver,Colorado.

The first criminal justice-based victim assistance programs were also

established in the 1970s. In 1974, the first eight prosecutor-based

victim-witness assistance pilot programs were created with support

from the U.S. Department of Justice (DOJ). DOJ funds also supported

the development at that time of the first law enforcement-based victimwitness programs in Fort Lauderdale, Florida, and Indianapolis, Indiana.

Elements of these early victim assistance programs remained

guideposts as the victim assistance field grew and formed the foundation of basic victim services today: crisis intervention,support during

the criminal justice process, assistance in applying for compensation

and in receiving restitution, and aid during the presentence process in

preparing victim impact statements (first introduced in the Fresno

County, California Probation Office in 1974).

In 1975, the first national organization to assist and advocate on

behalf of crime victims, the National Organization for Victim Assistance,

was formed, and it held its first national conference a year later.

2 In

1978, the National Coalition Against Sexual Assault and the National

When the victims’

movement was launched

in the early 1970s, many

of us thought that

establishing victim

assistance programs,

especially in prosecutors’

offices, was our first and

final challenge. We know

now that such a ‘final’

challenge was but a first

step. Victim assistance

must become a pervasive,

immediate presence in all

our communities, responsive to the special attributes of those we serve, and

suffused with enforceable

rights. So the challenge of

our beginnings has

blossomed into a host of

challenges today in

America and indeed,

across the world. I believe

we are up to the task.

Marlene Young, 

Executive Director 

National Organization for

Victim Assistance

149

Chapter 6: New Directions for the Victim Assistance Community
Coalition Against Domestic Violence were organized by rape crisis and

domestic violence programs, and the first national organization to assist

homicide survivors, Parents of Murdered Children, was created.

Mothers Against Drunk Driving was formed 2 years later in 1980. In

addition, the Vera Institute of Justice began a demonstration project in

the 1970s that assisted victims and witnesses in criminal courts in

Brooklyn, New York. Today, this comprehensive nonprofit program

known as Victim Services, Inc., employs a staff of 650 and operates

with an annual budget of $30 million.

By the late 1970s,the victim assistance field had developed to the

point of needing federal support. The U.S. Department of Justice,

through a grant to the Urban Institute,responded by publishing a guide

to the elements of a model victim assistance program and by beginning

a project to identify exemplary projects around the country that other

jurisdictions could replicate. In 1979,the Department funded the

creation of six state networks of victim assistance programs.

In the 1980s, numerous other national victim advocacy and assistance

organizations were established, including the National Center for Missing

and Exploited Children,formed in 1984 to implement the newly passed

National Missing and Exploited Children Act, and the National Victim

Center, established in 1985 to advocate for the creation and expansion of

victims’rights within the criminal and civil justice systems. Other

national organizations started in the 1980s include Security on Campus,

founded by surviving parents after their daughter was murdered on a

college campus;Concerns of Police Survivors,formed by the families of

slain police officers disillusioned with the general lack of support and

rights they received in the aftermath of their loss; and the Victim

Assistance Legal Organization, founded by Frank Carrington, a member

of the 1982 President’s Task Force.

The Impact of the 1982 President’s Task Force

The 1982 President’s Task Force on Victims of Crime provided

leadership at a critical time for the victim assistance field. It highlighted

the lack of services to victims and underscored the need for all participants in the justice system to respond sensitively to victims. The Task

Force did not directly address the services provided by victim

assistance programs based outside of the justice system. It did,

however, append a set of model program elements for justice systembased victim-witness programs and provided references to programs

that were implementing them. These elements included:

• Crisis counseling at crime scenes.

• Hotline services for victims and witnesses 24 hours a day.

• Emergency monetary aid for needy victims with problems 

caused by crime.

The enormous contributions of grass roots

advocates across this

county should not be

ignored. Too often they

remain the outsiders or at

best on the fringes of

credibility. They deserve

acceptance as the experts

many of them have

become. Their patience,

passion, and perseverance

have enabled them to

endure, to overcome, and

to achieve extraordinary

advances for all victims

across this country.

Roberta Roper, 

Founder, Stephanie 

Roper Committee

150

Section 3: New Directions in Victim Assistance and Allied Professions
• Information on and referrals to victim assistance and 

compensation programs.

• Assistance with victim compensation.

• Public education.

• Intercession on behalf of victims and witnesses with employers

and creditors.

• Transportation services.

• Translator services.

• Supportive counseling or companionship during court appearances.

Today, many community-based victim assistance programs provide

these services or work in collaboration with other agencies to do so.

Additional services that many programs provide include information

about victims’rights, child care,support groups,security information,

case monitoring, prevention activities, and assisting victims who want to

become involved in activism. Many programs also provide education and

training for victims about the justice process and community resources.

Additional Forces That Shaped the 

Field of Victim Assistance

Since the publication of the Final Report, three other significant

developments have had a major impact on the field of victim assistance.

First,the creation of state and federal funding programs for victim

assistance such as the Victims of Crime Act of 1984 (VOCA),which created

the federal Crime Victims Fund,provided a more stable source of funding

for local victim assistance programs. Since the passage of VOCA,more than

$2.5 billion has been distributed to local victim assistance programs and

state compensation programs from fines and penalties assessed against

federal offenders.More recently,the passage of the Violence Against

Women Act of 1994 made available $1.6 billion to support domestic

violence and sexual assault programs and research.In addition, all states

now provide funding for victim assistance programs, although the levels of

funding and types of programs funded vary greatly by state.

Second, the establishment of the Office for Victims of Crime (OVC)

provided financial and technical support for the development and

dissemination of model protocols for victim assistance programs,

diverse training curricula, and promising practices, as well as the

training of thousands of victim service providers nationwide.

Third,the enactment of state crime victims bills of rights in the 1980s

and the passage of state constitutional amendments in the 1990s have

established a legal foundation for criminal and juvenile justice agencies to

provide supportive services to crime victims,such as information and

referrals, assistance with victim impact statements, help in collecting

restitution, and a wide range of victim notification services.

When we began

advocating for victims in

1972 a Common Pleas

judge candidly said we

were wasting our time.

But, he added, if we

happened to succeed 

the wave would ripple

across the entire pond.

The wave is growing to

tidal proportions.

Dr. Robert Denton, 

Executive Director, 

Victim Assistance Program,

Akron, Ohio

151

Chapter 6: New Directions for the Victim Assistance Community
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.

Office for Victims of Crime

Mission Statement

152

Section 3: New Directions in Victim Assistance and Allied Professions

Office for Victims of Crime

U.S. Department of Justice Established 1984

The Office for Victims of Crime (OVC) was established by the

Victims of Crime Act of 1984 (VOCA) to administer federal funds

that support victim assistance and victim compensation programs

around the country, and to advocate for the fair treatment of

crime victims. To this end, OVC administers the Crime Victims

Fund, which is derived not from tax dollars but from fines and

penalties paid by federal criminal offenders. Over 90% of the

Fund is distributed to the states to help fund their victim

assistance and victim compensation programs. OVC administers

the remainder of the Fund to support services to federal crime

victims, provide training designed to educate criminal justice and

allied professionals regarding the rights and needs of crime

victims, provide technical assistance to criminal justice and allied

professionals,support training and victim assistance programs in

Indian country, and initiate and support innovative projects with

national impact. This office is one of five bureaus within the

Office of Justice Programs, U.S. Department of Justice. For further

information contact OVC at 202/307-5983 or visit OVC’s webpage

at http://www.ojp.usdoj.gov/ovc/.

Violence Against Women Grants Office

U.S. Department of Justice Established 1994

The Violence Against Women Grants Office (VAWGO) administers

the U.S. Department of Justice’s formula and discretionary grant

programs authorized by the Violence Against Women Act of 1994.

The program assists the nation’s criminal justice system in

responding to the needs and concerns of women who have been,

or potentially could be, victimized by violence. Grant programs

emphasize enhanced delivery of services to women victimized by

violence;strengthen outreach efforts to minorities and disabled

women; and provide Indian tribal governments with funds to

develop and strengthen the tribal justice system’s response to

violent crimes committed against Native American women,

through a discretionary grant program. In addition, the Office

provides technical assistance to state and tribal government

officials in planning innovative and effective criminal justice

responses to violent crimes committed against women. OVC

works closely with the Violence Against Women Office, which is

responsible for Department-wide coordination of this issue. For

further information contact VAWGO at 202/307-6026 or visit

VAWGO’s webpage at http://www.ojp.usdoj.gov/VAWGO/.
Victim Assistance Services Today

This nation’s capacity to respond to victims has changed significantly in the 15 years since the release of the Final Report of the

President’s Task Force. The victim assistance movement has grown

rapidly into a full-fledged advocacy and service field dedicated to

meeting the physical, financial, and psychological needs of victims and

their families. More than 10,000 programs now provide support and

assistance to victims in the aftermath of crime.

Victim assistance programs have become part of the nation’s

criminal and juvenile justice infrastructure and now exist in law

enforcement agencies, prosecutors’ offices, and correctional agencies.

Over 2,000 community-based programs assist battered women, and

over half provide shelter.

3 Nationwide there are 2,000 rape crisis

centers, more than 200 chapters of the advocacy and support group

Parents of Murdered Children, and over 500 chapters of Mothers

Against Drunk Driving. Multidisciplinary children’s advocacy centers,

many of which are community or hospital-based, help abused children

in more than 350 jurisdictions, and Triad programs assist elderly crime

victims in more than 525 communities. Numerous national organizaAs the crime victims

movement enters its third

decade, it is useful not

only to reflect on where

we have been, but where

we are headed. In order

to make sure we have

neither reached our

zenith nor exhausted our

welcome as an important

component of the criminal

justice system, we should

take a long look at what

we do—and most

important of all—whether

we can do it better.

David Austern, President,

National Victim Center

153

Chapter 6: New Directions for the Victim Assistance Community

National Organization 

for Victim Assistance Founded 1975

The National Organization for Victim Assistance (NOVA) is the

world’s oldest broad-based victim rights group.A nonprofit,

membership organization, NOVA is guided by four purposes: to be

of service to its members; to be an advocate for victim rights and

services in federal,state, and local legislatures and executive

agencies; to be a training and educational resource to victim

assistance and allied professionals; and to be of direct service to

victims who call the NOVA offices or who are involved in a largescale disaster to which a NOVA crisis team responds.

National Victim Center Founded 1985

The National Victim Center (NVC) is a resource and advocacy center

for victims of crime. The Center serves as a national advocate to

establish and protect legal rights for victims and to secure the

resources they need to recover from the trauma of crime. NVC

programs emphasize public education, public policy through legislative advocacy, and resource development for victims. NVC provides

technical assistance to victim service providers, criminal justice, and

allied professionals and supports the creation of model programs

and materials including the nation’s most comprehensive library

collection on victim-related issues.
tions assist and advocate on behalf of crime victims, providing essential

support for the expanding network of Victim Assistance programs

across the country. These are extraordinary accomplishments for a

movement that started modestly only three decades ago.

Public Awareness

Today, many victim assistance programs at the local,state, and

national levels are involved in raising public awareness about crime

victims issues and available services. Many programs provide education

about victim needs and appropriate and sensitive treatment to police,

prosecutors, judges and corrections officials on an ongoing basis.

Advocates for victim services also educate students in schools and at

other community locations, make television appearances, post

advertisements, and distribute program literature.

At the national level, Congress designates one week each year,

usually in late April, as National Crime Victims Rights Week. During that

week, national awards are presented to outstanding victim service

providers from across the country. The week also provides an opportunity for thousands of local communities to pay tribute to the millions

of Americans who have been victimized by crime. Each year the Office

for Victims of Crime sponsors the development of a public awareness

Resource Guide for victim assistance programs to use in planning

National Crime Victims’ Rights Week activities. Over the years, hundreds

of ideas to increase public awareness of victim’s issues have been

presented in the guide. They include sponsoring candlelight vigils,

runs,rallies, memorial walls, and tree plantings; conducting forums;

publishing editorials and broadcasting public service announcements;

creating posters, buttons and brochures; and displaying public

awareness information in courthouses,school libraries, hospitals, local

retail establishments, and other civic locations. For example, in California, the Youth Authority and Department of Corrections each year print

copies of the Resource Guide materials and distribute them to their

many facilities throughout the state to increase offender awareness of

the impact of victimization. Inmates also print public awareness materials for victim assistance programs to distribute throughout the week.

Since 1995, the Victims’Assistance Legal Organization has produced

OVC’s Resource Guide and each year distributes it to approximately

6,000 programs nationwide.

Expanding Victim Assistance Services

As the victim assistance field has grown,so has its awareness of the

complex needs of crime victims and the demand for coordinated,

multidisciplinary responses. There is increasing understanding that

services are needed for communities as a whole when they are affected

by certain crimes,such as acts of mass violence and hate and bias

154

Section 3: New Directions in Victim Assistance and Allied Professions
motivated violence.At the same time, victim assistance providers are

recognizing that services must be tailored to meet the needs of traditionally underserved crime victims including diverse cultural populations,

crime victims with disabilities, elderly crime victims, victims of gang

violence, and victims of white collar crime/fraud. Expanded knowledge

about trauma, grief intervention, and the genesis of criminal activity is

leading victim assistance providers to develop programs that address

these issues.In short,the field of victim assistance is dynamic and

evolving.A few of the issues currently facing the field are discussed below.

Community Response to Crime Victims

Communities around the country are working toward the goal of

integrated victim service delivery systems where quality services to

crime victims are available and readily accessible to all victims. In some

communities this approach takes the form of making services available

to victims in one location.

• In Jacksonville, Florida, a unique comprehensive victim service center

has been created that provides a range of services in one location for

all crime victims.Center staff operate an emergency fund for victims

and can pay for expenses such as emergency medical items and new

locks for burglarized homes.Counselors at the center provide

therapy onsite and respond with law enforcement to major catastrophes and homicides as part of a crisis response team.A representative

of the state victim compensation program and self-help groups such

as Mothers Against Drunk Driving and Parents of Murdered Children

are also located at the facility. Bringing these critical services to one

location greatly facilitates the system’s response to victims: victims

have immediate access to a range of needed services. The program

has its own cable television show and school crime prevention

program and offers many other services for victims.

In other communities, this integrated approach takes the form 

of strong partnerships among victim service providers, criminal 

justice and emergency response personnel, allied professionals, and

community leaders.

• In Denver, Colorado, and Travis County,Texas, the Office for Victims

of Crime has provided funding for two demonstration sites called

Victim Services 2000 to develop and implement seamless, comprehensive, coordinated, interdisciplinary systems of services for victims

of crime. It is hoped that the projects will result in model environments for crime victims in which culturally and linguistically

appropriate services are available to every victim. Both projects will

conduct thorough needs assessments, develop innovative intervention strategies and services, institutionalize cross-training on victims

issues throughout the criminal justice, community nonprofit, and

The philosophy of Victim

Services 2000 is that there

is ‘no wrong door’ in a

community when crime

victims seek help and

support in the aftermath

of crime. Whether victims

turn to their school,

church, hospital, social

service or criminal justice

agency, each entity will

be prepared to provide

information, services or

referrals and will treat

each victim with dignity

and compassion.

Steve Siegel, 

Director of Program Development, 

Denver District 

Attorney’s Office

155

Chapter 6: New Directions for the Victim Assistance Community
allied professional communities, and utilize technology to integrate

services and communication among providers.Victim Services 2000

projects will serve as models for other communities to follow in 

the 21st century.

Community Crisis Response

Communities are also developing community crisis response

capabilities to improve services to victims of violent crime following

multiple victimizations. Individual or teams of trained responders assist

victims through debriefings and training in the aftermath of criminal

incidents that cause significant trauma to a community.

• The National Organization for Victim Assistance (NOVA) has

provided training and technical assistance to support the establishment of crisis response teams in more than 15 states. Since 1986,

NOVA has sent crisis response teams to 125 communities and has

provided technical assistance to more than 300 others in the

aftermath of communitywide disasters and acts of violence.

• Building on the work of NOVA and others,the Office for Victims of

Crime has established a Community Crisis Response program to help

communities following multiple serious victimizations. The program

has been used to send a crisis response team to the Chicago Housing

Authority following a weekend in which 13 people were murdered;to

assist the Ramah branch of the Navajo Nation after an eight-fatality

drunk driving crash;to bring a noted psychologist to work with

survivors and community members following a quadruple homicide

on the Wind River Indian Reservation in Wyoming;to provide help to

the community of Dryden, New York, after the brutal murder of two

local high school girls; and to fund crisis response teams that provided

training and debriefings for thousands of school children,teachers and

medical personnel after the bombing of the Alfred P. Murrah Federal

Building in Oklahoma City.

Prior to the 1996 Summer Olympic Games in Atlanta, Georgia, OVC

funded NOVA to provide community crisis response training to

approximately 70 victim advocates and volunteers across the State of

Georgia on national and international crisis response. Through this

initiative, the Atlanta Victim-Witness Assistance Program developed a

comprehensive crisis response plan for victim advocates in conjunction with the Atlanta Committee for the Olympic Games. OVC also

funded the development of a videotape for law enforcement and a

brochure for victims.After the bombing during the Olympics in

Atlanta’s Centennial Park, the trained advocates and volunteers were

instrumental in ensuring that victims received needed services.

One [incident] that really

stays home for me was the

incident where a fiveyear-old child was thrown

out of a building on the

14th floor. This event was

witnessed by 100-plus

children in the housing

development. There were

several thousand children

who lived in the

community who had

either heard about it or

were there later on and

saw the ambulances or

saw the police car there.

And then there were

thousands of families who

lived in that particular

housing development. As

a member of the response

team that went out, it was

important not only to

work with the children,

but also with the families,

with the community.

Dr. Pat Jones, 

Clinical Psychologist, 

at 1995 Public Forum 

on New Directions

156

Section 3: New Directions in Victim Assistance and Allied Professions
Respecting Cultural Diversity in Providing 

Victims Services 

The racial and ethnic diversity of the United States has changed

considerably in the past few decades.With this transition, victim

assistance professionals face new challenges. Providing effective and

sensitive services to victims now requires recognizing and respecting

individuals’ cultural differences and ensuring that services and information are available in languages other than English.

Unfortunately, the practice of delivering victim services does not yet

fully reflect the extraordinary diversity of our nation’s population.

Some programs have made important strides by working to remove

language barriers for victims in need of services.An organization called

AYUDA in Washington, D.C., for example, offers bicultural and bilingual

services to abused Latina women. In Orange County, California, the

Gang Victim Services project of the county’s Community Services

Program provides multicultural, multilingual support to survivors and

victims of gang violence. Many other programs across the country

reach out to non-English speaking victims through translated materials.

The most effective of these materials provide practical information,

explaining the nation’s justice system and victim services in an

appropriate, culturally relevant manner.

More difficult than removing language barriers, however, is providing services that accommodate and are responsive to different cultures.

Differing concepts of suffering and healing influence how victims

experience the effects of victimization and the process of recovery.

The majority of crisis intervention methods and counseling modalities

are based upon specific philosophies of suffering and healing derived

from conventional Western theories. Methods for reaching culturally

diverse victims must include resources that are specific to their needs.

For example, the historical role of African American churches, the

reliance upon Mexican curanderas and Native American shamans, and

the social constructs of Asian life must be understood and utilized.

Establishing a presence in ethnic neighborhoods, whether through

storefront offices, mobile crisis units, outreach to homes, or coordination with community-based organizations, is essential.

Those responding to crime victims must make a concerted effort to

incorporate the perceptions, beliefs, values, and experience of diverse

cultures. The importance of cultural awareness was illustrated in the

aftermath of Patrick Purdy’s deadly assault weapon attack in 1989 on

the school children of Cleveland Elementary School in Stockton,

California. In the aftermath of the attack there was an outpouring of

concern and support from across the nation. Five children had been

killed and 29 children and one teacher wounded. Two of the central

events in the healing process for Cambodian and Vietnamese surviving

Crime victims experience

their bond of humanness,

and therefore also their

particular victimization,

through a prism replete

with racial histories,

ethnic colorations, and

cultural variations. Every

criminal justice and

crime victim-related issue

is fundamentally

multicultural. 

Brian Ogawa, 

Director, 

Crime Victims Institute, 

Texas Office of the

Attorney General

157

Chapter 6: New Directions for the Victim Assistance Community
family members were a Buddhist funeral service and a ceremonial

purification of the school grounds to release the children's spirits.

These rituals were strange to the local district attorney’s victim

assistance staff, but their willingness to educate themselves about these

important mourning customs and facilitate them for victims was

critical to providing a sensitive, meaningful response.

All of those who interact with crime victims must be educated

about cultural differences to understand the responses and needs of

victims. There is a compelling need for more victim service providers

who share and/or can understand the ethnic histories, people, culture,

and language of the victims they serve. In addition, there are many

other avenues that can be pursued to meet the needs of diverse

victims. They include intensive outreach programs to seek minority

volunteers,referrals to social/legal service organizations that serve

diverse populations, instituting culturally sensitive protocols, and

providing clients with on-call translators.

In summary, developing a diverse cultural response to victims’ needs

involves a multifaceted effort. First,services and information must be

provided in appropriate languages. Second,there must be an acknowledgment of the different and valid cultural definitions of personal wellbeing and recovery from traumatic events. Third,there must be support

of the sophisticated and varied cultural pathways to mental health and

incorporation of these practices into appropriate victim services and

referrals. Fourth, extensive cultural awareness training must be

undertaken to enable victim assistance staff to understand persons

whose thinking, behavior, and expressive modes are culturally different.

Meeting the Needs of Victims with Disabilities

There are approximately 43 million individuals with disabilities in

the United States, many of whom are at high risk of becoming victims

of crime because of difficulties in communicating or their limited

mobility.

4 This is especially true for those suffering from developmental

or severe disabilities, who are often victimized by their own caretakers,

making them extremely fearful of retaliation if they report the crime.

With several notable exceptions, few victim assistance programs are

designed to meet the needs of the disabled.

• In 1986, Marilyn Smith founded Abused Deaf Women’s Advocacy

Services (ADWAS) in Seattle,Washington. The program offers a 24-hour

crisis hotline, counseling, and legal advocacy for deaf and deaf-blind

victims of sexual assault and domestic abuse. Many staff members and

volunteers are deaf or hard-of-hearing individuals who offer a special

sensitivity to the needs of deaf victims. The program has developed

training for both deaf and hearing crime victim advocates and has

published educational materials specifically for deaf adult and youth

When it comes to hurt

and pain, color is not an

issue—all our blood is

red. However, how we

respond to trauma is very

different. In the black

community, our support

has always been the

church and the family.

But these support networks

are breaking down.

Without that, victims have

fewer resources in helping

themselves heal. We must

work to bring all the

available resources to us

and work to create others

based on this great need.

Clementine Barfield, 

Survivor of homicide, 

founder and president, 

Save Our Sons 

and Daughters, 

Detroit, Michigan 

158

Section 3: New Directions in Victim Assistance and Allied Professions
victims. Ms. Smith, who is deaf,started ADWAS in response to her own

experiences after having been raped.At the time, no services existed

for deaf crime victims, making her journey through existing services

difficult, and her recovery needlessly long and lonely.ADWAS recently

received funding from the Office for Victims of Crime to help replicate

this program in 5 cities across the country.

• Several years ago,staff at the Children’s Hospital and Health Center in

San Diego,California were concerned that the hospital received few

referrals concerning sexually abused youth with disabilities. Their

inquiry into this issue culminated in the creation of the Hospital’s

Center for Child Protection, which offers specialized forensic assessment and treatment of developmentally disabled victims of sexual

assault. The center offers counseling and treatment to approximately

1,200 children a year, with routine referrals of victims with disabilities. In addition,the center offers a 4-week course, developed with

the state office of Criminal Justice Planning and the Family Protection

Unit of the District Attorney’s Office,to children who are scheduled

to testify in court. The center produced training materials to help

other medical providers assist victims with disabilities, and all center

staff are trained to work with developmentally disabled victims.

• The Midwest Leadership Through Education and Advocacy for the

Deaf (LEAD) in Missouri provides people who are deaf and hard of

hearing with comprehensive support and leadership through

education and research.With support from VOCA, the Midwest LEAD

Institute (MLI) provides culturally and linguistically appropriate

services to deaf victims of domestic violence. The goals of the

project are to reduce the severity of psychological and emotional

trauma that result from abuse, provide support for deaf victims in

coping with the impact of abuse, provide crisis intervention for deaf

victims of domestic violence, develop a pool of volunteer sign

language interpreters for shelters and agencies, and establish a 24-

hour crisis hotline for deaf victims of violent crime. In collaboration

with the Missouri Coalition Against Domestic Violence, MLI provides

training and materials to shelters and agencies throughout the state.

Services for victims with disabilities were largely overlooked on the

national level until the passage of the Americans with Disabilities Act

(ADA) of 1990,5 which required states and organizations receiving

public funding to make their services accessible to all. Several efforts

have since been undertaken to provide information to state and local

criminal justice agencies and victim assistance programs on achieving

compliance with the ADA’s requirements. There is a paucity of research

on the rate of victimization of people with disabilities, however. In

addition, more information is needed regarding model intervention

services and appropriate criminal justice responses to victims with

disabilities such as improving reporting rates, making interview

A ‘true pioneer’—a deaf

woman in a hearing

world, fighting for and

winning equality and

accessible services for

deaf victims.

Attorney General Janet Reno

honoring Marilyn Smith,

National Crime 

Victims’ Rights Week, 1996

159

Chapter 6: New Directions for the Victim Assistance Community
techniques more sensitive, and exploring alternative avenues for victim

participation. Such efforts should be expanded, and all victim assistance

programs should examine how they can make their services accessible

and responsive to the needs of the disabled.

The Office for Victims of Crime (OVC) has undertaken a number of

projects in recent years to begin to address this issue. For example,

though a grant to NOVA, OVC sponsored a transfer of knowledge

symposium in 1998 on the topic of assisting crime victims with

physical and developmental disabilities. The 35 experts from the fields

of disability rights, victim assistance, and criminal justice who attended

the symposium developed recommendations and an action plan to

improve the capacity and preparedness of victim service providers and

allied professionals to respond effectively to the unique needs of crime

victims with disabilities. Curriculum development and other national

training efforts have also been initiated by OVC.

Responding to Specific Victim Populations

At the same time the victim assistance field is confronting global

issues such as securing a community wide continuum of services and

ensuring the accessibility and responsiveness of all services to diverse

cultures and the disabled, it also faces the challenge of meeting very

particularized needs of discrete victim populations.

Cited throughout New Directions are many reports that have been

written regarding the special needs of certain victim populations.

While OVC has supported many of these products, other Justice

Department divisions have supported research and promising practices

as well. For example, the Bureau of Justice Assistance (BJA) recently

published: A Policymakers Guide to Hate Crime;The Criminal Justice

Response to Rape; The Project to Develop a Model Anti-Stalking Code

for the States:A Final Summary Report; and the Regional Seminar

Series on Developing Antistalking Codes. These monographs provide

indepth information about how to establish policies and laws that

address hate crimes,sexual assault, and stalking. The National Institute

of Justice (NIJ) has published many reports about “promising practices”

in responding to domestic violence. One recent report entitled

Domestic Violence, Stalking, and Antistalking Legislation discusses

important interventions for domestic violence and stalking, including

community policing, arrest and protection orders, collaborative court

approaches, and other multidisciplinary techniques, as well as threat

assessment procedures.

The sections that follow do not attempt to address all of the issues

and concerns related to diverse victim populations, but rather briefly

highlight background information and a few major topics. These crime

victim population groups include victims of domestic violence,sexual

People with developmental and other severe

disabilities suffer violent

crime at an alarming

rate. Yet there is little

written or, more

importantly, done about

it. This is not an abstract

problem of trends and

statistics, but a brutal

reality in the lives of the

human beings who are

victims of these crimes.

Daniel D. Sorensen, 

Chair of the Victims 

of Crime Committee, 

Criminal Justice Task 

Force for People with 

Developmental Disabilities,

Sacramento, California

160

Section 3: New Directions in Victim Assistance and Allied Professions
assault,survivors of homicide, elderly victims of crime, victims of drunk

driving crashes,stalking, and gang violence, hate and bias crimes, and

victims of white collar crime/fraud and bank robbery.

It is important to note that every section of this report provides

information and recommendations regarding these and other 

victim populations.

Victims of Domestic Violence

Domestic violence has been called a “hidden crime” because until

the recent past it was often not reported by the victim or treated as

criminal behavior by the justice system. The 1982 President's Task

Force on Victims of Crime recognized the lack of serious attention

given to victims of domestic violence,stating in its report that “the

cries of family violence victims can no longer go unheeded.”6 Since that

time,significant changes have occurred in the nation’s response to

domestic violence.

The Model Domestic Violence Code was drafted through the

National Council of Juvenile and Family and Court Judges and

introduced to the National Conference of State Legislatures in 1994.7 It

has been enacted in whole, or in part, in some jurisdictions. Its key

provisions seek to upgrade interventions and limit discretion of individuals within the criminal justice system to make the system more

responsive to the safety needs of victims. The code requires mandatory

arrest, mandatory no-contact orders,restrictions on home detention

and deferred prosecutions for batterers,restrictions on plea bargaining

domestic violence cases, and standards for certification of domestic

violence treatment programs.

Passage of the Violence Against Women Act (VAWA) of 1994 secured

additional federal funding for domestic violence programs and a new

base of funding for criminal justice interventions and important

research to address violence against women. Programs under VAWA are

managed by the Violence Against Women Grants Office of the U.S.

Department of Justice.8 The Act also established federal criminal and

civil remedies for battered women and created protections for

immigrant women who are battered.Additionally,VAWA supported the

creation of the National Domestic Violence Hotline in 1996 to provide

crisis intervention information and assistance to victims of domestic

violence. In its first year of operation, the hotline responded to more

than 73,000 calls for assistance from around the country.

Model domestic violence programs for all sectors of the justice

system and for allied professionals are described throughout this report.

Let us focus on family

violence and understand

that the child who sees his

father hit his mother is

going to accept violence

as a way of life. And let

us understand that family

violence in all forms is an

epidemic in this nation

and should not be

tolerated. 

Attorney General Janet Reno

161

Chapter 6: New Directions for the Victim Assistance Community
A network of more than 2,000 programs has been established to

support domestic violence victims. In addition, many domestic

violence programs have recently expanded their services to meet the

special needs of elderly battered victims, and children who witness

violence in their homes.

• The Minnesota Coalition for Battered Women uses coalition building

as an effective tool for dealing with older battered women. Since

older women seldom use shelters, many service providers in

Minnesota began providing hotel rooms and private “safe homes” for

older battered women.As a result of making these alternatives

available,service providers are now seeing larger numbers of these

victims coming forward to seek assistance and support. The Coalition

reports that as the number of older women on staff increased,the

number of older battered women clients also increased.

We have made much

progress, but we still have

far to go if women and

children are to be kept

safe in America. Only by

committing further

resources and making the

protection of women and

children a priority can we

hope to correct the

injustices women still face

at the hands of the

criminal justice system.

Joan Zorza, 

Editor, Domestic 

Violence Report

162

Section 3: New Directions in Victim Assistance and Allied Professions

National Coalition Against 

Domestic Violence Founded 1978

The National Coalition Against Domestic Violence (NCADV)

represents more than 2,000 grassroots programs and shelters

serving battered women and their children in rural and urban

areas throughout the United States. NCADV opposes the use of

violence as a means of control over others, and supports equality

in relationships and strategies for helping women assume power

over their own lives. NCADV also works to educate the public

about domestic violence and supports state legislation that

appropriately sanctions offenders.

National Network to End 

Domestic Violence Founded 1990

The National Network to End Domestic Violence (NNEDV) is a

membership and advocacy organization of state domestic

violence coalitions. NNEDV began as the Domestic Violence

Coalition on Public Policy in 1990, and was instrumental in

developing policy that became part of the landmark Violence

Against Women Act of 1994. Its mission is to ensure that national

public policy is responsive to the concerns and interests of

battered women and their children; to strengthen the development of and relationships among domestic violence coalitions,

which provide services, community education, and technical

assistance to programs establishing shelter and related services to

battered women and their children; and to educate the general

public about issues concerning domestic violence.
• Advocacy for Women and Kids in Emergencies (AWAKE) is an

innovative program that offers advocacy and support to abused

mothers at the same time that the hospital provides services for

their children. Begun with a VOCA grant at Children’s Hospital,

Boston, in 1986,AWAKE was the first program in the nation in a

pediatric setting providing dual advocacy for both battered women

and their abused children.AWAKE believes that by providing help to

battered women in conjunction with clinical services to children,

both populations are more effectively served.

Victims of Sexual Assault

The true magnitude of sexual violence in the United States is difficult

to ascertain. Official law enforcement statistics in the annual Uniform

Crime Report are based on forcible rapes reported to the police.9 In

1992,the National Crime Victimization Survey—designed to elicit crime

information not reported to law enforcement—was redesigned to

include more specific questions concerning sexual assault.According to

data from the National Crime Victimization Survey, over 300,000 rapes

and sexual assaults were reported in 1996.10 Moreover, another 100,000

attempted rapes were reported during the same period.11

When compared, the two national sources of statistical data show a

difference between reported and unreported sexual crimes.Victimization research underscores the fact that a large majority of rape victims

do not come forward and report to law enforcement.12 The reasons are

many: the stigma surrounding sexual crimes, victim fear of those that

they are close to finding out and blaming them, and victim intimidation

and a distrust of the criminal justice system.13

Initiatives to assist victims of sexual assault are described throughout

this report.Over 2,000 rape crisis centers have been established nationwide. These local programs and the state coalitions and national organizations that they are affiliated with have worked to coordinate the

responses of medical providers and criminal justice agencies and to

protect sexual assault victims’ privacy through statute and policies

adopted by criminal justice agencies, as well as some media organizations.

Much of the change in the criminal justice system’s response to

sexual assault victims has been prompted by the passage of laws. Rape

shield laws now prevent the sexual history of the victim from being put

on trial, and legislation has changed the very definition of sexual assault,

making the crime gender neutral, acknowledging that it can occur

within marriages, and expanding the definition to include all forms of

sexual violence.17 Specialized sex crime units now operate in many large

law enforcement and prosecutorial agencies. The Final Report of the

President’s Task Force recommended training for criminal justice

officials on sexual assault and such training has been conducted widely.

18

Research has shown that

69 percent of rape victims

fear being blamed for the

rape,14 and that if they

knew their attacker, they

were six times less likely to

report.15 According to the

Department of Justice,

Bureau of Justice Statistics,

females are ten times more

likely than males to be

victimized, and females

face the highest risk of

sexual assault.16

163

Chapter 6: New Directions for the Victim Assistance Community
Protocols for coordination between medical providers and

criminal justice agencies in sexual assault cases have been

developed and implemented in many communities. The development of a standardized rape examination kit to improve medical

practices in identifying and gathering evidence was one of the Final

Report’s key recommendations for sexual assault victims. The Office

for Victims of Crime sponsored the development of such a kit in the

1980s, but not all states have adopted the national model.And while

medical protocols may exist, they are not always followed. In a study

of rape victims who sought medical treatment, a significant percentage of victims did not receive pregnancy testing or information on

HIV or STD exposure.19 However, a major step forward was made 

in 1995, when the American Medical Association published comprehensive guidelines for physicians to communicate with and treat

sexual assault victims.20

A new approach to medical intervention for sexual assault victims

utilizes sexual assault nurse examiners (SANE) as the primary

medical examiner.

21 Operating under the direct supervision of a

The [victim advocate]

helped me to heal, to feel

that I had value again.

He saved my life.

A sexual assault victim

164

Section 3: New Directions in Victim Assistance and Allied Professions

National Coalition Against 

Sexual Assault Founded 1978

National Coalition Against Sexual Assault (NCASA) is a membership organization committed to the prevention of sexual violence

through intervention, education, advocacy, and public policy.

NCASA promotes and advocates a national course of action based

on the sexual assault victim/survivor’s perspective and works

toward the empowerment of all victims and survivors: children

and adults, women and men. Major NCASA initiatives include

hosting an annual National Conference and Women of Color

Institute as well as producing resources for National Sexual

Assault Awareness Month in April.

Rape, Abuse & Incest 

National Network Founded 1994

The Rape,Abuse & Incest National Network (RAINN) is a nonprofit organization that operates the only national toll-free hotline

for survivors of sexual assault. Founded in 1994 by singing artist

Tori Amos, a survivor of sexual assault herself, RAINN provides

hotline access to trained counselors 24 hours a day from

anywhere in the country. Calls are automatically routed to local

rape crisis centers, expanding the outreach and service of these

centers. In just three years of operation, RAINN has helped more

than 170,000 victims of sexual assault.
physician, a specially trained nurse takes the victim’s medical history,

conducts the examination, and implements comprehensive aftercare

plans including referrals for counseling and financial assistance.

Privacy remains a critical concern of victims of sexual assault, and a

primary factor in non-reporting. Several states have enacted privacy

protection laws to prevent the name, address, or other identifying

information about rape victims to be made public. In addition,

many law enforcement agencies have adopted policies to exclude 

such information before the release of police reports to the media.22

Regardless,several high-profile rape cases in the 1990s proved 

that ultimately protection of victim privacy rests with internal 

policies of the media.

Because the overwhelming majority of sexual crimes are committed

by intimates and against youth, programs are increasingly targeting

funding and efforts to assist younger victims of sexual assault. In New

York City, the Youth Empowerment Association trains teenagers

recovering from sexual assault to work as peer counselors with youth

who are at earlier stages of recovery. Victims have also played a large

role in establishing and staffing rape crisis centers.23

Survivors of Homicide

The senseless loss of life through murder—the ultimate violation—

touched the family, friends,schoolmates, and coworkers of nearly

20,000 victims in 1996.24 Murder may occur as a final, violent act after

many years of escalating spousal, elder, or child abuse. It may be used

as a solution to gang-related hostilities, or to silence a robbery or sexual

assault victim. Homicide can kill dozens of victims through one terrorist act or a series of victims by one serial killer.As a direct consequence

of drinking and driving, an additional nearly 18,000 lives are lost each

year. This is addressed later in this section.

Early victims’rights laws did not recognize surviving family members

of homicide victims, extending rights to the “primary”or “direct” victim

and not to co-victims or survivors of homicide. Throughout the 1980s,

victims’rights laws were enacted and amended to recognize survivors as

true victims who should be extended all victims’rights. Betty Jane

Spencer testified in front of the 1982 President’s Task Force. In 1978

her four sons were shot and killed in an execution-style massacre in

their rural Indiana home. Betty Jane was wounded but survived.

Looking back on that tragedy she said,“I was killed too.I just didn’t die.”

Many outstanding programs have been developed to provide

support and advocacy for survivors of homicide, including support

groups created by survivors.

What is homicide? The

accepted definition is the

intentional, nonnegligent killing of one

human being by another.

The family of a murder

victim has a different

definition: the blackest

hell accompanied by a

pain so intense that even

breathing becomes an

unendurable labor.

Deborah Spungen, 

Founder and Special 

Projects Director, 

Anti-Violence Partnership 

of Philadelphia, 

Philadelphia, Pennsylvania

165

Chapter 6: New Directions for the Victim Assistance Community
America still has far too

great a tolerance for

murder. Cocktail parties

don’t feature games like

‘guess who the rapist is’ or

‘host a robbery,’ yet ‘host

a murder’ parties have

become common social

fixtures. If Americans had

an understanding of the

consequences of homicide,

perhaps we simply would

not tolerate our culture’s

playing with murder.

Nancy Ruhe Munch, 

Executive Director, 

Parents of Murdered 

Children, Inc.

166

Section 3: New Directions in Victim Assistance and Allied Professions

• The Stephanie Roper Committee was created by Roberta and Vince

Roper in 1982 following the brutal murder of their daughter

Stephanie. The Ropers were astounded at the way they were

treated by the criminal justice system. They not only were not

allowed to attend the trial but discovered that the two convicted

killers would be eligible for parole in 12 years. The Ropers turned

their frustration and outrage into activism and created one of the

most successful victim activism programs nationwide.With the help

of many volunteers, the organization has lobbied for legislative

reforms to protect victims’rights and increase services in Maryland.

In addition, they operate a Court-watch program that places

volunteers, many of whom are victims, in courtrooms to monitor

whether victims’rights are respected.

• Save Our Sons and Daughters (SOSAD) is a nonprofit grassroots

organization founded in 1987 by Clementine Barfield, who 

lost two sons to violence in her community. She joined other

parents of slain children to create positive alternatives to 

violence throughout the community. SOSAD provides counseling

and training in violence prevention, crisis intervention,

multicultural conflict resolution, gang redirection, and peer 

and bereavement support.

• Other support groups such as Loved Ones of Homicide Victims in 

Los Angeles and the Tender Loving Care organization in Dallas work 

to decrease crime victims’sense of isolation, offer support and

understanding, and provide practical information and advice.Victim

Services in New York City has formed a choir of children who have

had a family member killed.

• The Anti-Violence Partnership of Philadelphia has developed, with

OVC funding, a multidisciplinary training curriculum to foster more

consistency in services for survivors of homicide victims. The curriculum, called “Traumatic Grief: The Synergism of Trauma and Grief,”

addresses the unique psychological and emotional impact of homicide

on survivors and presents a new approach to assisting them.

Parents of Murdered Children Founded 1978

Parents of Murdered Children (POMC) was founded by

Charlotte and Bob Hullinger in 1978 after the murder of their

daughter Lisa. POMC has grown from a single self-help group in

Cincinnati, Ohio, to a network of more than 200 local chapters

serving 38,000 survivors each year. POMC’s goal is to allow the

grief of family members to be shared with others who have

been through similar experiences, thereby breaking down the

isolation that many families face.
Elderly Victims of Crime

While the elderly are less likely to become victims of crime than any

other age group, their fear of crime is the highest among all populations and they are more likely to suffer serious consequences when

they are victimized. Elderly victims of fraud and other financial

schemes often lose financial independence. The impact of physical

violence is greater because serious injuries can become life altering

disabilities. Older Americans experience a wide range of crimes

perpetrated by strangers, family members, paid and unpaid caregivers,

and acquaintances. Crimes against the elderly occur not only in public

places and their homes, but in nursing homes and residential care

facilities as well.

One of the most grievous forms of elderly victimization is by

someone the elderly victim knows or depends on for care. Between

1986 and 1994,reports of domestic elder abuse nationwide more than

doubled, from 117,000 to 241,000 per year.

25 While the elderly are the

most likely age group to report crimes, they are less likely to report

crime committed by family members and spouses. Many experts

believe that only 1 in 14 incidents of domestic elder abuse comes to

the attention of the authorities.26 According to the U.S. House of

Representatives Select Committee on Aging, when these hidden crimes

are considered, the actual abuse rates of the elderly rises to 1 to 2

million incidents each year.

27 Adult children are the most frequent

abusers of the elderly in domestic settings. For example, adult children

were the abusers in 35 percent of substantiated cases of elder abuse in

1994.28 Other relatives were the second most frequent abusers of the

elderly with 13.5 percent of cases, and spouse abuse contributed 13.4

percent.29 Each year in the United States, more than 700,000 women

over the age of 50 are hit by their husbands.30 The Administration on

Aging in the U.S. Department of Health and Human Services is funding

several model projects to help domestic violence shelters develop

services for women 50 years and older.

Elders are especially at risk of becoming victims of economic scams

and fraud. Con artists target the elderly with get-rich schemes, home

improvement scams, and investment fraud. The House Select Committee on Aging found that the victim in 99 percent of home improvement scams was elderly.

31 Telemarketing fraud has also become a

growing threat against the elderly. Of the $40 billion lost each year

from telemarketing crimes, 37 percent is swindled from the elderly.

32

Significant responses to elder abuse and victimization have occurred

over the past two decades. Over 42 states have elder abuse reporting

laws which, at minimum,require health care professionals to report

suspected elderly abuse to a designated state agency, usually Adult

Protective Services.33 However, the effectiveness of these laws are

John, an 85 year-old

retired construction

worker was fishing when

he was approached by

two teenagers demanding

money. When he did not

hand over any money one

of the teenagers produced

a shotgun and discharged

a single blast into the

fisherman’s neck, killing

him. A neighbor said: “He

went fishing everyday. He

went fishing on the

coldest days of winter.”

The neighbor said she saw

John’s wife that day, she

was standing at the door,

waitng for her husband to

walk up the street in his

fishing gear.

Janet Loflin Lee, 

Responding to Elderly 

Crime Victims, 

1995

167

Chapter 6: New Directions for the Victim Assistance Community
being reassessed. Research is showing that in the absence of essential

community services, mandatory reporting can create trauma for the

abused elder without resolving the underlying abuse problem.

Moreover, a common outcome of intervention is to institutionalize

elders against their will.34 The extent of abuse against the elderly

occurring within institutional settings such as medical, long-term care,

and board-and-care facilities is difficult to determine. In one study, more

than 36 percent of care providers in institutional facilities had

witnessed at least one incident of physical abuse by other staff and

four in five (81%) had witnessed an incident of psychological abuse.35

Communities have taken a variety of approaches in responding to

elderly victimization. Triad, the unique partnership between the

International Association of Chiefs of Police, the Sheriffs Association,

and the American Association of Retired Persons, assists elder victims of

crime and fosters a variety of crime prevention activities. The Triad

program is discussed in greater detail in Section II, Chapter 2, Law

Enforcement. In addition:

• Isolated elders are being identified by a remarkable program called TIES

(Teamwork Insuring Elder Support) that is active in more than 200

communities nationwide.36 TIES trains individuals who come into

contact with the elderly,such as bank tellers,postal carriers, and sanitation workers,to call an emergency hotline when they suspect

something is wrong. TIES workers have assisted elders who have fallen

unconscious, intervened in elder abuse cases, and linked elders in need

of medical, emotional, or financial assistance with free services.37

• Gatekeeper programs train employees who interact with the elderly

in their homes to identify elder abuse and refer elderly victims to

agencies that can intervene. The employees include utility service

and repair employees and mail carriers. In Billings, Montana, a senior

outreach program entitled GEARS: Gatekeepers Elder Assistance

Referral System trains public and private employees to make

referrals to adult protective services.After GEARS was started, elder

abuse referrals in Billings increased by 16 percent.38

Victims of Drunk Driving Crashes

There are more arrests every day for drunk driving than for any other

crime.Although drunk driving fatalities have decreased 40 percent in

the past two decades, from 28,000 in 1980 to 17,126 in 1996,this crime

is still a leading criminal cause of death and is responsible for approximately 3.5 million injuries each year, which cost an estimated $45

billion a year to treat.39 The cost of loss in quality of life is estimated to

be an additional $67 billion.40 Although the deaths and injuries resulting

from drunk driving are well documented, drunk driving is still not

considered a violent crime. Victims of drunk driving crashes were until

168

Section 3: New Directions in Victim Assistance and Allied Professions
relatively recently not even considered to be victims of crimes, and their

needs and rights to participate in the criminal justice process were

often ignored.Changes in public understanding of and response to the

crime of drunk driving can largely be credited to the extraordinary

work of grassroots groups such as Mothers Against Drunk Driving

(MADD), Remove Intoxicated Drivers (RID), and Students Against Drunk

Driving (SADD). Their efforts helped create momentum for the passage

of more than 1,700 pieces of driving under the influence (DUI) legislation between 1982 and 1993,41 as well as the establishment of programs

that respond to the needs of this underserved victim population.

Survivors of drunk driving have, through MADD, also developed

death notification trainings and protocols for those who must carry the

wrenching news of the death of a loved one to family members or

friends. MADD has developed a series of 4 death notification training

manuals targeting the professions of law enforcement, mental health

counselors and victim advocates, medical personnel, and clergy and

funeral directors. Each manual outlines procedures to follow when

notifying someone of the death of a loved one, and includes information on debriefing those who must perform this task, as well as sample

resource materials to use.

Advocates against drunk driving, many of whom are victims or

survivors of drunk driving crashes, continue to focus their energies on

prevention efforts and legislative reforms, and have made tremendous

impact in this area.42 Legislative changes, including establishing the 21-

year minimum drinking age, have been singularly effective in reducing

the incidence or severity of drunk driving.

It is appalling to tell

someone with catastrophic

injury or the parent of a

child killed by a drunk

driver that what happened

to them is not considered

a violent crime.

Janice Harris Lord, 

Consultant for Crime 

Victims’ Issues, 

Mothers Against 

Drunk Driving

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Chapter 6: New Directions for the Victim Assistance Community

Mothers Against Drunk Driving Founded 1980

Mothers Against Drunk Driving (MADD) was started by two

mothers whose daughters were victimized by drunk driving. One

was killed and the other became the country’s youngest paraplegic.

MADD’s mission is to stop drunk driving and support victims of

this violent crime. Each of the more than 500 MADD chapters

across the country have at least one trained advocate who provides

emotional support through one-on-one advocacy and support

groups, guidance through the criminal justice system, and assistance

with victim impact statements and compensation applications.

MADD operates numerous education and prevention programs for

children and adults of all ages and advocates for better public

policy. The organization publishes a wide array of victim brochures

and offers information and assistance through a 24-hour hotline.
Although stalking has

entered the public

consciousness through

some highly publicized

cases, stalking affects

many people every day,

crossing all racial, social,

religious, ethnic, and

economic lines. We know

that stalking is a crime of

terror, power, and control.

But we do not always

know how to prevent or

respond to this complex

crime. To meet the

challenge of formulating

an effective criminal

justice strategy for

combating stalking, we

must increase our

knowledge about stalkers,

intervention techniques,

prevention efforts, and

law enforcement policies

and practice.

Bonnie J. Campbell, 

Director, Violence 

Against Women Office 

U.S. Department 

of Justice

Victims of Stalking

Stalking is a distinctive form of criminal activity composed of a

series of actions that, taken individually, might constitute legal

behavior. For example, actions such as writing a letter, placing a

telephone call, or waiting for someone outside their place of work are

not criminal actions.When these actions are intended to instill fear or

injury, however, they may constitute a pattern of behavior that is

illegal.43 Although every stalking case is unique, over time a stalker’s

behavior becomes more threatening,serious, and violent. Stalking

activity often escalates from what was initially bothersome to a level

that is obsessive, dangerous, violent, and potentially fatal.

Stalking is a complex social problem that has only recently been

addressed in our nation’s criminal codes. Until 1990, no states had laws

making stalking illegal. That year, California enacted the first antistalking law, leading to the passage, in just over 4 years, of laws in the

49 other states and the District of Columbia.44 Prior to the passage of

these laws, police and prosecutors felt limited in their efforts to assist

victims threatened by a stalker because there were no applicable laws

to protect a person until the perpetrator actually committed an act of

harm. Today, law enforcement officials can use anti-stalking statutes to

help determine whether an arrest should be made and to assess the

level of threats involved in such cases.

In 1993, Congress directed the U.S. Department of Justice’s

National Institute of Justice to develop a model anti-stalking code to

provide a constitutional and enforceable legal framework for states to

use in formulating their anti-stalking laws.45 NIJ asked a group of

nationally recognized criminal justice and victims’rights experts to

develop a model anti-stalking code. The code, as reported in the final

report of the Project To Develop a Model Anti-Stalking Code for

States, encourages legislators to make stalking a felony offense, to

establish penalties for stalking that reflect and are commensurate

with the seriousness of the crime, and to provide criminal justice

officials with the authority and legal tools to arrest, prosecute, and

sentence stalkers.46 In the 3 years since the code’s release, 17 states

have amended their stalking laws.

Making stalking illegal is only the first step in addressing this crime.

The objective in any response to a report of stalking is to intervene

before the victim is injured or killed. For communities to respond

effectively, a coordinated, multi-agency strategy is essential.Any multiagency response to stalking must include law enforcement, prosecutors,

judges, community and institutional corrections, victim assistance, and

social service agencies.

170

Section 3: New Directions in Victim Assistance and Allied Professions
Victims of Gang Violence

Over the past decade the proliferation of gang violence in the United

States has received considerable attention from criminal justice professionals concerned about the rising tide of gang violence. Gang violence

affects medical professionals who respond to the flood of critical

injuries associated with gang-related violence and entire communities

whose residents are deeply concerned.While much discussion and

effort have focused on the prevention, intervention, and suppression of

gang violence,too little attention has been paid to those who are most

affected by its tragic impact—the victims of gang violence.

Often lost within the system and sometimes blamed for gang-related

crimes for which they hold no responsibility, victims of gang violence

frequently receive limited support and experience significant barriers to

justice and healing. Their social, cultural, and systemic alienation

produces fear, anger,frustration, and confusion when they are brutally

injured by, caught in the crossfire of, or lose a loved one to gang violence.

Working on the frontlines of victim and witness assistance in areas

confronting gang-related violence, the following programs provide

compelling examples of programs that appear to be working and could

be replicated in other communities:

• The California-based Teens on Target (TNT) trains at-risk youth and

young victims to be anti-violence advocates.Using their firsthand

experiences,these advocates talk to their peers about the causes of

violence and suggest alternatives for resolving conflict. In a new TNT

project,Caught in the Crossfire, advocates visit young gunshot victims

who are still hospitalized to dissuade them from seeking revenge.

• The Tariq Khamisa Foundation, in San Diego, California, was founded

by Azim Khamisa after the murder of his 20-year-old son,Tariq, by

four teenage gang members. Tariq’s father joined with the grandfather of the 14-year-old gang member who shot Tariq to form the

Foundation, which is dedicated to preventing similar crimes through

educational programs in schools.With funding from OVC, the

Foundation is developing a video to assist students in learning 

about gang violence and its impact, and encourage them to seek

alternatives to gangs.

Hate and Bias Crimes

The President's Task Force on Victims of Crime Final Report did

not address hate and bias crimes. In the intervening years, great

progress has been made in identifying, documenting, and prosecuting

these crimes. During the 1980s,state legislatures stiffened penalties

for acts of hate violence and added other protected classes of

victims. Hate crime statutes today not only encompass race, religion,

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Chapter 6: New Directions for the Victim Assistance Community

Through these years I

have gotten 13 restraining orders, I have

changed my name and 

I have moved out of 

state several times. 

We have had to leave

friends, family, stability

behind so many times. 

I live looking behind 

me in fear . . .

A domestic violence and

stalking victim
and ethnicity, but include gender,sexual orientation, disability, and

persons from foreign nations as well. They vary, however, across the

nation.As of 1996, 12 states still have not enacted criminal laws

addressing racially motivated crime.47

Identifying and meeting the needs of victims of hate crimes has

been a particular challenge to the victim assistance field. Until 1990,

most jurisdictions did not collect data on the level and incidence of

hate crime, making it difficult for advocacy and assistance groups to

press for programs to meet the needs of hate crime victims. Since the

passage of the Hate Crime Statistics Act in 1990, data on hate crimes

have been collected on the national level by the FBI as part of the

Uniform Crime Reporting System.48

In spite of this progress, the scope of hate and bias crimes in the

United States is still relatively unknown because of the lack of comprehensive data from every jurisdiction in every state. Definitions of what

constitutes a hate and bias crime and who constitute protected

categories of victims vary across the states. States are not mandated to

comply with the Hate Crime Statistics Act, and 8 states failed to collect

hate crime statistics in 1996.49 Improved data collection is imperative

because hate and bias crimes are underreported and their victims

continue to be seriously underserved.

Hate and bias crimes can affect the entire community in which

they occur. To be effective, victim assistance programs must meet the

needs of individual victims and at the same time explore ways to

help the community to heal. The recent church burnings are an

example of the devastation that a single bias-motivated crime can

have upon a community.

In June 1996, President Clinton formed the National Church Arson

Task Force to address a sharp rise in the number of fires at churches

and other houses of worship across the nation. Of particular concern

was the large number of reported fires at African-American churches in

the South in the mid-1990s. Federal and state criminal charges involving allegations of racial motivation have been brought in connection

with 24 church burnings.50 In October 1997, the South Carolina Burned

Church Coalition sponsored a retreat for 200 children whose churches

had burned to discuss how to cope with hate and bias crimes.

A number of states and local communities have developed hate and

bias crime task forces and commissions to enhance coordination

among agencies,recommend legislation, foster education programs,

and develop programs for public awareness and prevention. New York,

New Jersey, California, Maryland, Massachusetts, and Minnesota have

established such commissions.

Victims of hate crime

continue to be one of the

most underserved victim

populations. Serious

underreporting, the fear

of retribution, and the

trauma of dealing with

prejudice and violence

present victim service

providers and allied

professionals with great

challenges of equity and

access to all victims of

these heinous crimes.

Karen McLaughlin, 

Senior Policy Analyst,

Education Development Center, 

Newton, Massachusetts

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Section 3: New Directions in Victim Assistance and Allied Professions
Further,special victim assistance programs have been created in law

enforcement agencies, prosecutor offices, courts, and community-based

agencies to deal with the broad range of bias crime victims. Many state

attorneys general have civil rights units or bias crime units exclusively

dedicated to dealing with bias crime and civil rights violations. Special

bias crime units also exist in many large city police departments.At the

state level, the New Jersey Attorney General’s Office has developed a

Bias Crime Unit that staffs a statewide hotline for bias crime victims to

report their victimization and seek assistance.

In 1996, OVC and the Bureau of Justice Assistance, a component of

the Office of Justice Programs in the Department of Justice,supported

the creation of a training curriculum on responding to hate and bias

crimes for law enforcement and victim assistance professionals by the

Educational Development Center in Boston, Massachusetts. The curriculum, entitled National Bias Crimes Training for Law Enforcement and

Victim Assistance Professionals, emphasizes that while bias crimes are

similar to other crimes,they present unique challenges to victim-serving

professionals because of their often devastating psychological impact

on the victim and the victim’s community. The curriculum is available

through the OVC Resource Center.

White Collar and Fraud Victims

Victims of white collar crime and fraud suffer severe psychological

and financial harm, and they require assistance and intervention that

takes into account their particular needs and the unusually complex

nature of their cases.

Victims of white collar and fraud crimes include individuals as well

as small and large institutions. Examples of these types of crimes

include mail fraud, bankruptcy fraud, wire fraud, computer fraud, health

care and insurance fraud, pension and trust fund fraud, mail theft

resulting in check washing, credit card fraud, embezzlement,security

fraud, commodities fraud, cellular phone fraud, antitrust fraud, telemarketing fraud, and advance fee schemes.

White collar and crimes of fraud cases are often very complex, with

many victims (sometimes numbering in the hundreds) residing over a

wide geographical area.Automated systems can help relieve some of

the burden on victim assistance personnel to notify these multiplevictim groups of their rights,restitution awards, and other services.

However, in light of the resource shortages many victim assistance

programs face, it is especially important for agencies to develop interagency, cross-district collaborations to reach these victims.Victims often

need immediate information. Brochures should be provided to victims

by investigators responding to a crime, and they should include

information on local,regional, and national resources.

African Americans, who

constitute the single

largest minority group in

the Nation, are more likely

to be targets of hate crimes

than members of any

other group. Of the nearly

8,000 hate crimes

reported in 1995, almost

3,000 of them were

motivated by bias against

African Americans.51

According to the

Uniform Crime Report,

approximately 60 percent

of the hate crime incidents

reported in 1994 were

motivated by racial bias,

18 percent by religious

bias, 12 percent by a bias

against sexual orientation,

and 10 percent by a bias

against ethnicity or

national origin.52

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Chapter 6: New Directions for the Victim Assistance Community
The white collar crime victim population tends not to seek support

for mental health or psychological problems they are suffering from as

a result of their victimization.When they do, it is usually through a

counselor covered by private insurance or a religious advisor.Victim

service providers must reach out to white collar crime victims to assist

them in developing their own support groups or accessing appropriate

emotional support from trained professionals.

• In 1996, OVC funded a federal demonstration project on white collar

crime victimization at the U.S.Attorney’s Office for the Northern

District of California. The goal of this San Francisco-based project is

to enhance the capability of the Northern District to respond to the

needs of federal victims of white collar crime and financial fraud,

including telemarketing, health care fraud, investment, and mail and

wire fraud. The project includes hiring two Asset Investigative

Advocates to assist prosecutors and investigators in the identification

and recovery of assets that can be returned to victims via restitution

or other mechanisms. The project also includes developing internal

guidelines and a training manual for providing comprehensive

services to victims of white collar crime.

Bank Robbery Victims

Victims of bank robbery can include bank customers, bank employees (tellers, managers, and security guards), law enforcement officers,

and other members of the banking community. According to the

Federal Bureau of Investigation, just over 7,000 bank robberies were

committed in 1994, with losses totaling more than $58 million.53

In almost half of the robberies, a weapon was threatened against 

the bank employees.54

A common reaction by the largest group affected by bank

robberies—the tellers—is a tremendous amount of self-blame. Many

bank tellers in the aftermath of a bank robbery feel that they should

have been able to do something to stop the crime.While bank robbery

is not generally considered a personal crime but a crime against the

bank, most tellers take it very personally.When robberies become

violent, tellers are injured, taken hostage, and killed. Moreover, tellers

must return to the scene of the crime, their place of employment, to

keep their job. In light of the trauma they have suffered, this is

understandably difficult for many tellers.

U.S.Attorneys’ offices have developed a variety of useful approaches

to deal with victims of bank robbery.

• The Victim-Witness Coordinator in the U.S.Attorney’s office for the

Eastern District of Wisconsin has developed an innovative outreach

program for victims of bank robberies,specifically addressing bank

174

Section 3: New Directions in Victim Assistance and Allied Professions
employees. The office, with input from bank tellers who have been

victims of bank robberies, developed a brochure that provides

information about the specific trauma reactions of bank employees

and offers advice about how to cope and where to go for assistance.

In addition, after a robbery occurs, a trained crisis response professional goes immediately to the scene to debrief customers, tellers,

and staff, and then follows up with visits to the victims to ensure

that they have access to counseling and victim services. The VictimWitness staff of the U.S.Attorney’s office host workshops and

support groups for victim tellers as part of the program, which law

enforcement officers attend to give case updates, and an Assistant

U.S.Attorney is present to answer any questions the tellers have

about the court process.With support from OVC, the U.S.Attorney’s

office has also developed a video for victims called “After the

Robbery: From Crisis to Resolution.”

Enhancing Victim Assistance Services

The victim assistance field has expanded considerably since the

Final Report of the President’s Task Force in 1982. Many victim

assistance programs are well established, and a number are institutionalized within the justice system. But in some communities, especially in

many rural areas, few victim services are available.Victim assistance

providers must explore new ways to ensure that the greatest number

of victims receive the highest quality services possible.

Technology increasingly offers new avenues to serve crime victims

through the Internet and toll-free telecommunication. In addition, many

tools are available,such as needs assessments and surveys, that can

help programs target the types of victims that need additional services.

Program evaluations also offer an opportunity for victim assistance

programs to determine how effective they are in meeting the needs of

crime victims. Improving victim services also means establishing

program standards, training standards, and a code of ethics for the field.

These topics are addressed below.

Needs Assessments

Conducting needs assessments is an important first step in expanding services to underserved crime victims. Needs assessments help

identify the problems that victims encounter as a result of their victimization and can determine to what extent these problems are being

addressed. For example, the Alameda County, California Prosecuting

Attorney’s Victim-Witness Assistance Division learned through a needs

assessment survey that the recovered stolen property of nearly 30

percent of victims it serves is never returned to them by the courts.

175

Chapter 6: New Directions for the Victim Assistance Community
Needs assessments also help victim assistance programs to

determine the many barriers that prevent victims from accessing their

services.Victim/Witness Services in Milwaukee,Wisconsin, discovered

that nearly 45 percent of the victims it surveyed had difficulty finding

transportation to the courthouse.

Some states have conducted needs assessments to determine which

programs should receive VOCA funding. Pennsylvania required each

county to conduct an assessment of the type of victim services needed

within its jurisdiction. Counties within the state then used the results

of the needs assessment to solicit and evaluate proposals from eligible

programs within their own communities.All programs should develop

means of assessing needs for additional services and evaluating the

efficacy of existing services.

Technology 

Technology increasingly offers new avenues for enhancing 

victim assistance. The Internet offers a powerful vehicle for victim

assistance programs to expand their services by providing immediate

access to information as well as a means to communicate with large

numbers of victims.

• The Brazos County Rape Crisis Center in Bryan,Texas, offers online

counseling through its website. To ensure anonymity, the Center

uses a secure server—the same type of system banks and companies

use for electronic financial transactions. The Center currently serves

approximately 100 clients online, including clients who live as far

away as Bankok, South Korea, and Australia.55

• Victim Services in New York City is exploring the use of the Internet

to provide services for crime victims.Victim Services operates two

websites, both designed for Internet surfers seeking help. The

organization has received inquiries on services from around the

country, which it answers via e-mail.When possible,Victim Services

provides referrals to local resources and offers encouragement for

those taking first steps to continue seeking help.

E-mail is the tip of the iceberg in the capabilities of the Internet and

the World Wide Web to provide convenient and interactive help to

victims. The Web is an ideal resource,for example,for people for whom

receiving help is difficult,such as victims in rural communities who do

not have access to a local service provider.Or, a battered woman who

works and has access to the Internet and could join a support group

online during her lunch break without leaving her office. Victim

Services is discussing the kinds of activities that could be provided to

victims through a website, including chat rooms, bulletin boards, and

secure e-mail to protect the privacy of exchanges with online clients.

176

Section 3: New Directions in Victim Assistance and Allied Professions
Victim Services is examining the potential of online counseling by

exploring the issues of confidentiality, interstate jurisdictional issues, and

creating a counseling protocol.

In addition, cellular telephone technology can be used to achieve a

measure of security to domestic violence victims. Many domestic

violence victims fear that they will be attacked and not have a way to

call for help. To help these victims, cooperative partnerships have been

forged with local criminal justice agencies,sheriffs, police chiefs,state

attorneys and local cellular telephone companies to help domestic

violence victims by providing them the use of cellular phones.

• In Tallahassee, Florida, the Attorney General’s Office launched a

statewide initiative to combat domestic violence with cellular

telephones in January 1996. Four major cellular telephone

companies,AT&T Wireless, Bell South Cellular Corp., Sprint Cellular,

and GTE Mobile Net, have endorsed the program and agreed to

encourage local cellular affiliates to make free cellular phones

available for victims’ use. Under the initiative, the State Attorney

General's office provides guidance on establishing a cellular phone

program to local police chiefs,sheriffs, and state attorneys and helps

coordinate efforts to get local programs running.

Program Standards

Victim assistance programs need to achieve consistency in the kind

of services they offer and in the use of trained staff and volunteers to

deliver these services. The importance of instituting standards of

services was emphasized in the recently released National Institute of

Justice report Serving Crime Victims and Witnesses.56 The publication

highlighted the eight basic elements of service standards

recommended by the National Organization for Victim Assistance

(NOVA). These elements include crisis intervention, counseling and

advocacy,support during criminal investigation,support during

prosecution and case disposition,support after case disposition,

training for allied professionals, violence and substance abuse prevention activities, and public education activities.

NOVA’s standards also provide performance guidelines for activities

in the areas of planning, management,service, training, and evaluation.

The standards serve a twofold purpose of helping new programs to

develop realistic standards and helping established programs to better

assess their strengths and weaknesses.

Some states have also developed standards of service for crime

victims. However, they vary across the nation. New Hampshire, for

example,requires that all domestic violence and sexual assault

programs meet basic standards in order to qualify for funding. In New

Experience has proven

that perpetrators of

domestic violence or

stalking will take

advantage of a victim’s

inaccessibility to a phone.

It is our hope that a 24-

hour, immediate accessibility by telephone to local

law enforcement,

although not a guarantee

against violence, will act

as a deterrent to repeated

acts of domestic violence.

Norman R. Wolfenger, 

State Attorney, 

18th Judicial Circuit, Florida

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Chapter 6: New Directions for the Victim Assistance Community
Jersey, the state Attorney General has issued standards for services

within county prosecutor’s offices. The project was facilitated by the

state’s centralized prosecution system, in which all prosecutors are part

of the Attorney General’s office. In Pennsylvania, the state Commission

on Crime and Delinquency’s Victim Services Program has developed a

resource manual that outlines minimum standards for the various

victim assistance programs in the state. The Commission encourages

these programs to use the manual for self-evaluation and to ensure that

they are meeting the minimum standards before they strive for model

standards. The standards are also used by the Commission to monitor

state-funded programs.57

Continuing Education

On the national level, OVC has supported the training of thousands

of victim service providers over the past decade. Through its funding of

national,regional, and state conferences, approximately 40,000 individuals have been trained in the area of victims’rights and services. Many of

OVC’s training initiatives for criminal justice and allied professionals, as

well as topic specific trainings, are cited throughout this report.

In order to make comprehensive, academic-based training available

to a diverse group of victim service providers, including federal, tribal,

state and local justice and allied professionals, OVC funded the

development of the first National Victim Assistance Academy (NVAA) in

1995. Now in its fourth year, the Academy is coordinated by the

Victims’Assistance Legal Organization and a consortium of universities,

including California State University-Fresno, the Medical University of

South Carolina, the University of New Haven, and Washburn University.

NVAA’s 45-hour course of study is taught by leaders from the victims’

assistance field and the accompanying 600 page Academy Text has

been utilized by the field in state and local training programs.

Several states have established minimum training requirements that

have raised the professionalism and knowledge of victim advocates,

including Florida,Arkansas, South Carolina,Virginia, and New Mexico.

The Attorney General’s office in Florida has developed a Victim

Services Practitioner Designation Training Program that has been

conducted throughout the state for the past 5 years.All programs that

receive funding from the office are encouraged to send staff to the

training program. Service providers with over 5 years of experience

were initially offered a 1-day “grandfather” training on legislative,

research, and state guideline developments to qualify for this designation.Arkansas mandates training as a VOCA grant condition.VOCA

recipients must receive 24 hours of basic training, 8 hours of administrative training, and 8 hours of continuing education each year.

OVC has a vast

constituency of victim

advocates, service

providers, and allied

professionals who look to

us to provide cutting-edge

training on all aspects of

the victim experience and

response. To the extent

that we can work collaboratively with the national

victim organizations and

coalitions, private consultants with a wide range of

expertise, and State VOCA

Administrators to support

the delivery of basic, intermediate, and advance

training at the local,

regional, state, and

national levels will determine the quality of service

victims of crime will

receive today and in the

future.

We must also explore ways

to further support state

and local efforts to

establish training institutes

which will meet the

specific needs of those who

are responsible for making

victims’ rights a reality

and providing a standard

of care for the millions of

people who are victimized

each year.

Carolyn A. Hightower

Deputy Director

Office for Victims of Crime

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Section 3: New Directions in Victim Assistance and Allied Professions
Finally,some states have begun to move in the direction of certifying

victim advocates as a means of ensuring a base level of training and

knowledge. The California Victim and Witness Coordinating Council

established a system of victim advocate certification in 1993 to

recognize the professional standing of victim advocates in the state. To

be certified as a victim advocate, employees must complete one full

year of work in a comprehensive victim services program (as defined

by the California Penal Code) and demonstrate through education,

experience, and specialized training, the ability to assist victims and

witnesses. In addition, the employee must complete a state-approved

40-hour training program within the first year. To be certified as a

senior advocate, employees must meet the criteria outlined above and

have 5 years of experience as a victim advocate in California.58

Recommendations from the Field for the

Victim Assistance Community

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #1

Victim assistance providers should encourage victim involvement in the development

and implementation of all programs and

services they provide, including public

awareness, education, and violence

prevention programs.

Crime victims have been the true pioneers in the creation of the

victim assistance field and have served as a dedicated force for social

change for more than 20 years. Their critical involvement should

continue. Many avenues are available to increase victim participation in

the development and provision of victims services.Victim assistance

programs should actively engage victims in paid and volunteer positions

at all levels, from facilitating self-help groups to managing programs.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #2

Victim assistance programs and services

should be designed to reach diverse

constituencies. All policymakers,

program administrators, and staff should

be knowledgeable and skilled in serving

diverse cultural and ethnic groups. 

The true measure of the

victims’ rights movement’s

success is not in the

number of laws passed,

constitutions amended,

programs started, or funds

spent. The test is whether

the victims who told the

1982 President’s Task

Force that they could no

longer participate in the

criminal justice process

because of the insensitive

treatment they received

would feel that way today.

Steve Derene, VOCA Program

Manager Office of 

Crime Victims Services 

Department of Justice,

Madison, Wisconsin

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Chapter 6: New Directions for the Victim Assistance Community
The victim assistance field must emphasize cultural sensitivity and

awareness in all aspects of services, including in the development,

administration,staffing, and funding of victim assistance programs. One

of the most overlooked areas of the field has been the development and

support of multicultural victim services and cultural diversity among

professionals.Advocates should work toward the goal that all victims,

regardless of their language or culture,receive a high level of services.

Victim service professionals must be educated in diversity to better

understand the victims they serve as well as themselves. Training on

cultural competency, hate and bias crimes, and outreach to

underserved victims should be conducted for VOCA administrators and

victim advocates in community- and criminal justice-based agencies.

Brochures,posters, and other public awareness efforts for non-English

speaking victims should be published and distributed by victim assistance

programs.Victim assistance programs should have bilingual and bicultural

staff to help non English-speaking victims complete compensation claim

forms and victim impact statements.Crisis intervention and counseling

techniques should incorporate methods of healing that draw upon

diverse multicultural grieving and counseling techniques.

Cultural awareness goes beyond printing brochures in other

languages, hiring bilingual and bicultural staff, and supporting nontraditional therapies and services. It must also include a commitment to

examine underlying cultural differences and work not to assimilate but

to respect those differences. Incorporating diversity into all aspects of

program development and management increases awareness of the

differences that make people who live in America unique, as well as

the similarities that bind us together as a community and as a nation.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #3

Victim service providers should join with

criminal and juvenile justice and allied

professionals to conduct needs assessments in their communities to identify

underserved victim population groups and

to determine the types of services that

should be available for these groups.

Although great strides have been made in the past decade to provide

services to crime victims,many remain overlooked and underserved.

These include victims with disabilities,rural or geographically dispersed

victims,white collar and property crime victims; victims of hate and bias

crimes, and elderly victims of domestic violence and other forms of abuse.

A young black male was

brutalized, called derogatory names, and left to die

in the bushes by three

Caucasian gang members.

The prosecutor has refused

to file charges. There are

witnesses who are afraid

to come forward because

they fear for their own

personal safety. This, I

feel, is a hate crime

conducted in a racist

setting where nobody will

come forward on behalf of

the victim either because

of personal racism or fear

of personal safety.

A Victim Advocate 

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Section 3: New Directions in Victim Assistance and Allied Professions
Conducting needs assessments is an important first step in expanding services to underserved crime victims. Needs assessments help

victim service programs identify the problems that victims encounter

as a result of their victimization and determine to what extent these

problems are being addressed. Needs assessments also help victim

service programs identify the barriers that prevent underserved victims

from accessing their services.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #4

Victim service providers should work with

allied professionals, other victim service

providers, and leaders in their community

to ensure that a comprehensive network

of services and support is available for

crime victims.

The goal of providing comprehensive services to crime victims—

from the point of victimization through the criminal justice system and

beyond—involves responding to victimization on many fronts and with

many agencies, individuals, and organizations. One victim assistance

program cannot possibly provide all the services necessary for all crime

victims.Comprehensive victim assistance means establishing strong

partnerships among victim-serving agencies and allied professionals.

In providing a comprehensive network of services and support,

victim service providers should be aware of the needs of victims who

are victimized in their communities but live in other jurisdictions.

There is a need to provide information and referrals for these victims

and to develop cross-jurisdictional partnerships to ensure that the

interests of these victims are not overlooked.

The Office for Victims of Crime is providing funding for a number of

communities to develop a vision for a comprehensive communitywide

response to crime victims entitled Victim Services 2000. Over the next

decade, these partnerships will serve as models for communities across

America in developing comprehensive networks of victim services.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #5

Standards for victim assistance should be

developed and instituted to guide those

who serve victims in communitybased programs as well as across all

justice systems.

I assisted a domestic

violence victim in leaving

an abusive situation and

received a letter thanking

me. In the letter she

stated ‘I hope that I will

be able to get a job as

fulfilling as yours. Thank

you.’ Knowing that she

appreciated the work I do

and realizing how

important that job is to

me really made my day. I

have her letter on my

bulletin board to remind

me why I do what I do

when days are bad.

A Victim Advocate 

Office of State’s Attorney

Florida

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Chapter 6: New Directions for the Victim Assistance Community
While the number of victim assistance programs has dramatically

increased since the time of the President’s Task Force on Victims of

Crime, insufficient attention has been given to establishing standards

for victim assistance. On the national level, the National Organization

for Victim Assistance (NOVA) has developed model program standards

with support from OVC, but they have not been formally adopted by

the victim assistance field.

In addition, Mothers Against Drunk Driving (MADD) requires all

chapters to provide a threshold of services and to have at least one

advocate who has completed a 40-hour education program. Chapters

that do not comply lose their chapter charter from MADD.

In a 1997 survey of VOCA administrators conducted by OVC,several

VOCA administrators cited the need for statewide standards for victim

assistance, emphasizing that such standards would greatly enhance

decisionmaking efforts on program funding and oversight.According to

the survey,some states, including Pennsylvania, New Jersey,Wisconsin,

and Vermont, have initiated the development of program standards.

However, the standards vary. Some address only certain types of victim

assistance such as prosecutor-based programs, while others address

management issues as well.

Standards that have already been developed in the field should be

used as a foundation for developing national or state program

standards. States that have already developed standards for victim

services should be included in any national discussions on standards.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #6

Victim assistance providers must receive

basic training and annual continuing

education on crime victims’ rights 

and services.

To be able to respond effectively to crime victims,service

providers need up-to-date, comprehensive training, both before and

during their service.According to the National Institute of Justice,

training for victim assistance is often “ignored or downplayed, usually

because of indifference, lack—or unawareness of—training opportunities, or limited funds,staff, or time.” NIJ reports that a 1994 survey

of more than 300 victim assistance programs found that nearly half

provided neither preservice nor inservice training for either paid

staff or volunteers.59

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Section 3: New Directions in Victim Assistance and Allied Professions
Training does not have to be expensive. Literally dozens of training

curricula have been developed with support from OVC over the past

decade, and many of the training materials, including videos, are

available free of charge to local victim assistance programs through the

OVC Resource Center. OVC also operates a Trainers Bureau, through

which victim assistance programs can apply for training and technical

assistance from national experts, and supports many local,state,

regional, and national training programs.

A number of states,including Florida,Arkansas, South Carolina,Virginia,

and New Mexico,have already established minimum training requirements

that have raised the professionalism and knowledge of VOCA-funded staff.

However,it is clear that the national training and education capacity needs

to be expanded so that both experienced and inexperienced victim

assistance providers can easily obtain cost-effective education.

While the goals of all of these training strategies should be in service

to the entire victim assistance field, not just to programs supported by

VOCA, the federal government has a special obligation to ensure the

skills and competence of programs it helps to fund and of all victim

assistance activities operated by federal agencies.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #7

A national commission should be

established to develop certification and

accreditation standards for victim

advocacy and assistance. 

For the victim assistance field to become a recognized profession,

accreditation and certification standards will eventually be necessary.

Some states have already begun to move in this direction.After program

standards are established, it is imperative that a system of accreditation

for both individuals and programs be established at the national or state

level, or both. To recognize the range of skills that contribute to successful victim assistance, accreditation efforts need to embrace a wide range

of factors that consider experience, education, and competence.60

The following methods for certification and accreditation have been

used by other professions and should be considered by the victim

assistance field as well: preservice and inservice training requirements;

continuing education requirements; an “experience” clause that gives

credit to years of service; ongoing credit for experience as a substitute

or partial substitute for education; education and testing requirements,

including observational methods of practitioners at work; licensing

examinations; and continued certification contingent upon a

designated number of hours of continuing education.

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Chapter 6: New Directions for the Victim Assistance Community
VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #8

Victim service providers should increase

public awareness of their programs 

and services.

Increasing public awareness of victimization is critical to ensuring

that victims receive the services they need and that victim assistance

programs continue to be supported at every level of government.

National public awareness campaigns have been undertaken for

domestic violence, child abuse, abduction and exploitation, and drunk

driving. These campaigns have helped raise the public’s awareness

about these devastating crimes. National public awareness and

education campaigns should be expanded to include other critical

victims’ issues such as elderly victimization,sexual assault, hate and

bias crimes, victims with disabilities, and white collar/fraud. Such

campaigns would heighten the public’s ability to recognize and

report victimization and would provide victims with information

they need to seek assistance.Victim assistance programs in every

community should help raise awareness of crime and victimization

by conducting public awareness activities during National Crime

Victims’ Rights Week.

More globally, public education efforts can help reduce the stigma of

certain types of victimization,such as sexual assault or domestic

violence, and encourage victims to seek help, including criminal justice

interventions. In addition, male leaders and influential organizations

should play an active role in sending a message to other men that

violence against women is not acceptable. To address the growing

problem of economic crimes committed against the elderly, State

Attorneys General should institute or expand consumer education

programs for older persons.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #9

Evaluation studies should be conducted

to determine if current methods of victim

assistance are effective and to identify

critical areas in which additional victim

intervention and assistance services 

are needed.

Many experts in the field of victim assistance have expressed

concern about the lack of information on what types of services and

assistance are most effective in serving crime victims. For example, an

It is very positive when a

victim walks up to you in

public and thanks you

for all your help and tells

you how it has changed

their life.

A Victim Advocate

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Section 3: New Directions in Victim Assistance and Allied Professions
evaluation of the effectiveness and impact of different individual or

group crisis intervention models should be conducted, including

examining components of other trauma interventions such as immediate assistance and peer support programs.

To address this need, OVC is working closely with researchers at NIJ

and with leading researchers and practitioners in the field of victimization and victim services to evaluate the effectiveness of state VOCAfunded compensation and assistance programs in meeting the needs of

crime victims. The multiyear project will include a needs assessment

of the target population from the victim’s point of view; an assessment

of the services available to victims, including both federally funded and

reimbursable programs; identification of unmet needs such as gaps in

service or access to compensation; and suggestions for improving the

delivery and funding of services to all crime victims.

On the national level, the effectiveness of each new program

implemented should be evaluated. There is no value in reinventing the

wheel, but there is a benefit to replicating successful programs in a

new context or with a different target population. In addition,standard

evaluation procedures and protocols should be developed for each

component of victim services.With such efforts, programs can measure

their own success and compare their progress with others in the field.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #10

There should be a clearly defined code 

of ethics to bind all victim service

providers in the field to designated

standards of behavior.

Most professions have adopted an accepted code of ethics that

guide the values and minimum standards of professional behavior by

the professionals within it. The field of victim assistance, however, has

yet to adopt such a code.

On the national level, NOVA has developed a suggested Victim

Assistance Provider’s Code of Ethics. It begins with this statement 

of purpose:

The victims’ movement expects its members to act with

integrity, treating all victims of crime with dignity and compassion, and to uphold fair standards of justice for accused and

accuser alike. To this end, the following principles will govern

the behavior of victim assistance providers.61

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Chapter 6: New Directions for the Victim Assistance Community
The principles address three critical areas: the service provider’s

relationship with victims; the service provider’s relationship 

with colleagues, other professionals, and the public; and rules for

professional conduct.

Victim service providers in South Carolina have drafted a code of

ethics that cover similar principles, and MADD has also implemented a

code of ethics for their victim advocates. Failure to meet the code’s

standards results in the advocate’s removal from service.

The development of a code of ethics should be part of the mission

of the proposed national commission on standards and accreditation

described in recommendation 7. To be effective, the code must

include a way to hold victim service providers accountable when they

fail to comply.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #11

Victim assistance providers should

expand current statewide networks 

to build a capacity for addressing

communities in crisis. Each state 

should develop a crisis response 

team and interact with other disaster

planning efforts.

Each state should develop and train a statewide crisis response team

to assist communities within their state that suffer mass acts of

violence, terrorism, or community disasters. Local and regional teams

should also be developed.

The creation of a national office for such crisis response should be

seriously considered and charged with the following responsibilities:

developing and disseminating a model for state and local community

crisis response; developing a national training and education component;

coordinating national support in the aftermath of a community crisis;

and maintaining a stress intervention program for victim assistance

providers and others who become involved in community crisis

response. Because many community disasters involve criminal acts,such

an office must involve the Department of Justice; but it should also

involve the Federal Emergency Management Agency and other federal

departments concerned with the relief and recovery of communities

affected by technological and natural disasters.

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Section 3: New Directions in Victim Assistance and Allied Professions
VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #12

Victim service providers should develop

interagency response protocols for assisting all crime victims, including child

victims, elder abuse victims, 

and victims of sexual assault and

domestic violence.

Developing multidisciplinary responses to victimization is important

for all victims, but it is especially critical for children,the elderly, and

victims of sexual assault and domestic violence. To help professionals be

alert to the signs of elder abuse and neglect, protocols such as the

Diagnostic and Treatment Guidelines on Elder Abuse and Neglect

developed by the American Medical Association should be adapted and

used. For stalking intervention, a multidisciplinary approach should be

developed that involves law enforcement,the judicial system, correctional and social service agencies, and victim service and advocacy

organizations.Appropriate, accessible, and safe shelters should be

available that address the special needs of older women, with special

attention to rural communities.Cross-training, coordination, and coalition

building between the elder abuse and domestic violence communities is

imperative. Similar relations should be established between domestic

violence and sexual assault programs because sexual violence is often

part of the batterer’s abusive behavior. Several excellent interagency

response protocols for sexual assault have been developed by local,state

and national rape crisis agencies working in coordination with law

enforcement, prosecution, hospitals, and the courts.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #13

A national hotline that provides 24-hour

immediate crisis counseling, information,

and referral to services for all victims of

crime should be established. In addition,

every state should establish statewide,

toll-free 800 numbers to provide information and referrals for victims of crime.

As a result of the enactment of the Violence Against Women Act in

1994, a national toll-free hotline was created for victims of domestic

violence to call for 24-hour crisis intervention, assistance, and referrals in

English and Spanish.Interpreters are available to translate an additional

139 languages. The hotline uses state-of-the-art technology to transfer calls

from the national hotline to local domestic violence programs and shelters

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Chapter 6: New Directions for the Victim Assistance Community
in the victim’s community. Extensive public awareness efforts of the

hotline have been undertaken with public and private support, and nearly

10,000 individuals across the United States use the hotline each month.

The establishment of national and statewide hotlines for all crime

victims should be a priority for the victims’ movement. In many rural

areas across the country, victims have little access to information about

their rights,services, and compensation. Expanding the nation’s capacity

to provide information and referrals to crime victims would provide a

basis of service for underserved victims.Approximately half of the states

operate 800 numbers for certain crime victims, but few are available for

all crime victims. Some states operate general victim assistance 800

numbers out of a state office, while others report that 800 number

assistance is limited to specific victim population groups, primarily

domestic violence or sexual assault victims.A nationwide survey of 800

number programs in operation across the states should be conducted to

provide VOCA administrators with ideas on developing and funding

these types of services.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #14

Victim assistance programs should

integrate technological advancements into

their programs to help better meet the

needs of crime victims.

Victim assistance programs must integrate computer and telecommunication technology into their management and service delivery

systems. Technical assistance and training in the development and

integration of technological innovations should be provided with

support from federal and state funding.

A comprehensive victim assistance program database should be

established and provided to the field via the Internet and an 800

number. The database should include the names, locations, and types

of victim services available worldwide and give users the ability to

exchange referrals and other information on services through a

telecommunications network.Victim assistance providers should also

explore using the Internet to expand their services.

A national center should be created to locate or develop, as

needed,software that local programs could use for case management,

internal evaluations, and reporting, all tailored to the needs of victim

assistance programs. Such a center would assist the field in achieving

its goal of seeing that all VOCA-funded programs have full access to

the Internet and help other victim assistance programs obtain

Internet access at no cost.

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Section 3: New Directions in Victim Assistance and Allied Professions
VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #15

Victim assistance programs should comply

fully with the 1990 Americans with

Disabilities Act to ensure that victims with

disabilities can access available services.

More programs that focus on serving

victims with disabilities must be established. Additional research should be

conducted to determine the extent of

victimization against people with disabilities and to guide strategies to increase

reporting and prevent this type of victimization. Criminal justice professionals and

the victim service community must receive

additional training in providing outreach

and assistance to victims with disabilities.

Under the Americans with Disabilities Act (ADA), a disabled person

cannot be denied access to services, programs, or activities associated

with a public entity. The ADA covers at least 900 different disabilities

including mental impairments. It is critical that agencies meet the spirit

and the letter of this law by making public buildings accessible to all

and ensuring that communications about victim rights and services are

understandable by all.

While limited research studies have been conducted that document

that people with disabilities are at much greater risk for victimization

than people without disabilities, large-scale studies are needed to fully

understand the extent of victimization and how to prevent it. These

studies would help provide needed information to develop relevant

training programs and public policy reforms.

VICTIM ASSISTANCE RECOMMENDATION FROM THE FIELD #16

Victim service providers should be trained

to assist crime victims who interact with

members of the media.

The increase in the news media’s coverage of crime and victimization

has resulted in very specialized discipline within the field of victim

services: advocating for crime victims whose cases are covered by the

news media. Training programs to help service providers work more

effectively with members of the news media, as well as guidelines in 

189

Chapter 6: New Directions for the Victim Assistance Community
media relations that help providers enhance their professional relationships with the news media, are regularly offered at training conferences

and as a component of victim service professional education.

The constituency most affected by the news media coverage of

violence and victimization is crime victims.While sensitive coverage of

victim’s cases can be helpful and in some cases even healing, media

coverage that is insensitive, voyeuristic, and uncaring compounds

victims' emotional and psychological suffering.

The National Victim Center has developed guidelines for victim

assistance providers who work with victims who choose to deal with

the media. First published in a brochure in 1987 entitled Victims’

Rights and the Media, the guidelines offer valuable counsel to crime

victims whose cases are covered by print and broadcast news media.

While the “rights” enumerated in this brochure are not mandated by

statute or policy, they should be considered guiding principles that all

service providers should provide to crime victims before they interact

with the news media.

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Section 3: New Directions in Victim Assistance and Allied Professions

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Guidelines for Victims Who Choose 

to Deal With the Media62

You have the right:

1. To say “no” to an interview.

2. To select the spokesperson or advocate of your choice.

3. To select the time and location for media interviews.

4. To request a specific reporter.

5. To refuse an interview with a specific reporter even though you have granted interviews to

other reporters.

6. To say “no” to an interview even though you have previously granted interviews.

7. To release a written statement through a spokesperson in lieu of an interview.

8. To exclude children from interviews.

9. To refrain from answering any questions with which you are uncomfortable or that you 

feel are inappropriate.

10. To know in advance the direction the story about your victimization is going to take.

11. To avoid a press conference atmosphere and speak to only one reporter at a time.

12. To demand a correction when inaccurate information is reported.

13. To ask that offensive photographs or visuals be omitted from broadcast or publication.

14. To conduct a television interview using a silhouette or a newspaper interview without having

your photograph taken.

15. To completely give your side of the story related to your victimization.

16. To refrain from answering reporters’ questions during trial.

17. To file a formal complaint against a journalist.

18. To grieve in privacy.

19. To suggest training about media and victims for print and electronic media 

in your community.

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Chapter 6: New Directions for the Victim Assistance Community
Establishing Comprehensive Victim Services

In order to provide crime victims with dignified and compassionate treatment,sustained financial

and emotional support, and enforceable rights, every community should strive to ensure that the

following services are available for crime victims:

Emergency Aid

On-scene crisis intervention

24-hour crisis hotline

Sensitive death notification

Information on victims’rights and services

Referrals for emergency financial aid

Emergency transportation

Accompaniment to hospital for rape examination

Referrals for emergency shelter

Referrals for short- and long-term counseling

Local Emergency Fund to aid victims 

Assistance with emergency compensation claim

Information and assistance on security options

Emergency restraining or protection orders

Information and assistance on recovery of stolen property

Information and assistance on document replacement

Child care services

Crime scene cleanup

Interpreter services

Counseling and Advocacy

Crisis intervention services

Short-term counseling

Long-term counseling

Access and referrals to self-help support groups

Group counseling 

Community crisis response

Access to counseling during criminal and juvenile justice adjudications 

Intervention with employers, creditors, and landlords

Intervention with public agencies

Investigation

Regular updates on status of investigation

Notification of suspect arrest

Basic information on the criminal justice system

Compensation claim filing and processing assistance

Referrals for short- and long-term counseling

Interpreter services

Protection from intimidation and harassment

Notification of pretrial release of accused

Input into bail/bond release decisions

192

Section 3: New Directions in Victim Assistance and Allied Professions
Prosecution

Orientation to the criminal justice system

Regular updates on status of case

Accompaniment to court

Witness alert/on-call technology 24 hours per day

Safe and secure waiting areas

Employer intervention services

Notification of plea negotiations

Victim consultation in plea decisions

Assistance in recovery of property held as evidence

Information on restitution

Restitution routinely requested or an explanation in writing

Landlord/creditor intervention

Transportation/parking assistance

Child care services

Sentencing

Notification of right to submit a victim impact statement

Victim impact information in presentence investigation report

Victim impact statement—written

Victim impact statement—allocution

Victim statement of opinion

Audio taped or videotaped victim impact statement

Notice of sentence

Post Disposition

Information/notification of appeal

Collection of restitution

Restitution payment as condition of probation or parole

Notification of parole hearing

Victim impact statement at parole—written

Victim impact statement at parole—allocution

Audio or videotaped victim impact statement at parole

Notification of violation of parole/probation

Notification of revocation of parole/probation

Notification of application for clemency, pardon, or commutation

Notification of escape and capture

Notification of custody location

Name of probation officer or other supervised community release officer

Notice of execution date in death penalty cases

Advance notification of release

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Chapter 6: New Directions for the Victim Assistance Community
Endnotes

1 National Victim Assistance Academy, Academy Text, Alexandria,VA: 1997: 2-5.

2 Id.

3 According to the National Coalition Against Domestic Violence, of the 2,000 programs nationwide that provides

services and support to domestic violence victims, 1,300 provide shelter services (November 1997).

4 Rubin, P., The Americans with Disabilities Act and Criminal Justice:An Overview, RESEARCH IN ACTION,

Washington, D.C.: National Institute of Justice, 1993:1.

5 42 U.S.C. 12101, et seq.

6 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: U.S. Government Printing Office,

December 1982:50.

7 The National Conference of State Legislatures and the National Council of Juvenile and Family Court Judges are

collaborating on dissemination of the Model Code.

8 STOP (Services Training Officers and Prosecutors) violence against women formula and discretionary grants are

administered by the U.S. Department of Justice, Office of Justice Programs. In fiscal year 1995, formula grants of

$426,364 each were allocated for each state and territory. In total, $26 million was allocated for formula and

Indian discretionary grants, including 14 grants to Indian nations. See Hart, Barbara, The Violence Against

Women Act.Identifying Projects for Law Enforcement and Prosecution Grants: FY 95 Funding (distributed by

the Battered Women's Justice Project and the National Resource Center on Domestic Violence).

9 See FBI, Crime in the United States 1993 (1994).

10 Ringel, C.,“Criminal Victimization 1996—Changes 1995-1996 with Trends 1993-6,”National Crime Victimization

Survey, Washington, D.C.: Bureau of Justice Statistics, U.S. Department of Justice, November 1997:3.

11 Id. at 3.

12 National Victim Center & Crime Victims Research and Treatment Center, Rape in America:A Report to the

Nation 3 (1992) (victim was less than 11 years-old in 29% of sexual assaults involving penetration; 32%

occurred between ages 11-17).

13 National Victim Center & Crime Victims Research and Treatment Center, Rape in America:A Report to the

Nation, supra note 2, at 6. The nonreporting rate may be even higher for college students and younger victims.

See Warshaw,I Never Called It Rape 50 (of 886 women victims of rape or attempted rape, on 45 reported, a

rate of 5%); Final Report: Campus Task Force on Sexual Assault, Abuse and Violence 11 (University if Illinois)

(1990) (Two of 88 sexual assaults were reported to police); Crewdson, By Silence Betrayed (1988) (36% of

child victims never told anyone, 21% waited one year to tell, and only 3% of those reported to the police).

14 Id. at 4.

15 Bureau of Justice Statistics, Violence Between Intimates, November 1994, 5.

16 Bureau of Justice Statistics, Violence Against Women: Estimates from the Redesigned Survey 1 (August 1995)

(Females are victimized ten times more often than males). Minority females are frequent targets of rape; Bureau

of Justice Statistics, Female Victims of Violent Crime 8 (1991) (African-American females are sexually victimized

twice as often as Caucasians).

194

Section 3: New Directions in Victim Assistance and Allied Professions
17 But see Allison & Wrightsman, Rape: The Misunderstood Crime, 1993:87-95.

18 President’s Task Force on Victims of Crime, Final Report.

19 Kilpatrick, D.G., C. Edmunds,A.K. Seymour, Rape in America:A Report to the Nation, Arlington,VA: National

Victim Center & Crime Victims Research and Treatment Center, 1992:5 (Not advised of pregnancy testing (60%);

HIV testing (73%);sexually transmitted diseases,(39%).

20 See American Medical Association, Strategies for the Treatment and Prevention of Sexual Assault, Chicago, IL:

October 1995;American Medical Association, Diagnostic and Treatment Guidelines on Child Sexual Abuse,

Chicago, IL: March 1992.

21 Ledray,“Sexual Assault Evidentiary Exam and Treatment Protocol,” Journal of Emergency Nursing, vol. 21,

August 1, 1995:355.

22 For example, the St. Paul, Minnesota Police Department does not release the name or address of victim on

public reports. Epstein, J. and S. Langenbahn, The Criminal Justice Response to Rape, Washington, D.C.: National

Institute of Justice, May 1994:21, NCJ 148064.

23 Schechter, S., Women and Male Violence:The Visions and Struggles of the Battered Women’s Movement,

Boston, MA: South End, 1982.

24 According to the FBI’s Uniform Crime Reporting Program (UCR), 19,645 murders were reported in 1996 — a

rate of 7.4 murders per 100,000. The number of murders per 100,000 U.S. population in 1996 is 10% lower

than in 1995. FBI Uniform Crime Reports 1996, in C. Ringel, “Criminal Victimization,”Washington, D.C.: Bureau

of Justice Statistics, National Crime Victimization Survey, November 1997:6, NCJ 165812.

25 Stiegel, L., Recommended Guidelines for State Courts Handling Cases Involving Elderly Abuse, American Bar

Association, State Justice Institute, 1995:1.

26 American Association of Retired Persons, Domestic Mistreatment of the Elderly:Towards Prevention, Washington, D.C.: Criminal Justice Services, 1987.

27 House Select Committee on Aging, Elder Abuse:What Can Be Done?, Washington, D.C.: U.S. House of Representatives, Government Printing Office, 1991.

28 Tatara,Toshio,“Elder Abuse in Domestic Settings,”in Elder Abuse Information Series, National Center on Elder

Abuse, vol.1, May 1996:9.

29 Id.

30 Administration on Aging, Aging, Washington, D.C.:U.S. Department of Health and Human Services, No.367,

1996:101.

31 House Select Committee on Aging, Elder Abuse:What Can Be Done?

32 Bekey, M., “Dial S-W-I-N-D-L-E” in Modern Maturity,American Association of Retired Persons,April/May 1991.

33 National Victim Center, 1996 Victims’ Rights Sourcebook..

34 Citizen’s Commission on Human Rights, Psychiatry Victimizing the Elderly, Citizen’s Commission on Human

Rights, 1995:6.

35 House Select Committee on Aging, Elder Abuse:What Can Be Done? 

195

Chapter 6: New Directions for the Victim Assistance Community
36 National Committee for the Prevention of Elder Abuse,Nexus, UCSF/Mount Zion Center on Aging, vol.i,ii,

June 1995:6.

37 Id.

38 National Committee for the Prevention of Elder Abuse,Nexus, UCSF/Mount Zion Center on Aging, vol.i,

January,1995:5

39 National Highway Traffic Safety Administration, Partners in Progress: National Impaired Driving Goals and

Strategies for 2005, Washington, D.C.: March 1995; Miller,T., M. Cohen, B.Wiersema, Victim Costs and

Consequences:A New Look, Washington, D.C.: U.S. Department of Justice, National Institute of Justice, February

1996.

40 Miller,T., M. Cohen, B.Wiersema, Victim Costs and Consequences:A New Look.

41 Lord, J, R. Shearhouse, and M. Green, The Movement to Stop Drunk Driving, Draft, Irving,TX: September, 29,

1997.

42 For further information,see Lord, et al., The Movement to Stop Drunk Driving.

43 National Institute of Justice, Project To Develop a Model Anti-Stalking Code for States, Washington, D.C.:U.S.

Department of Justice, National Institute of Justice, October 1993:12, NCJ 144477.

44 Domestic Violence, Stalking, and Antistalking Legislation,Annual Report to Congress Under the Violence

Against Women Act,Washington, D.C.: U.S. Department of Justice, National Institute of Justice,April 1996:1.

45 U.S. Department of Commerce, Justice and State, and the Judiciary and Related Agencies Appropriations Act for

Fiscal Year 1993, Pub. L. No. 102-395, §109(b).

46 National Institute of Justice, Project To Develop a Model Anti-Stalking Code for States.

47 National Asian Pacific American Legal Consortium, Audit of Violence Against Pacific Americans:The Violent

Impact on a Growing Community, Washington, D.C.: National Asian Pacific American Legal Consortium, Fourth

Annual Report, 1996:1.

48 Hate Crime Statistics Act of 1990, Pub. L. No. 101-275, 101st Congress (1990); Dees, M., in Hate Crimes:The

Rising Tide of Bloodshed and Bigotry, J. McDevitt and B. Levin, New York: Plenum Publishing, 1993:199-202.

49 National Asian Pacific American Legal Consortium, Audit of Violence Against Pacific Americans:The Violent

Impact on a Growing Community, 1.

50 National Church Arson Task Force,National Church Arson Task Force Fact Sheet, Washington, D.C.:U.S. Department of Justice, October 1, 1997.

51 Bureau of Justice Statistics,“A Policymaker’s Guide to Hate Crimes”; Monograph,Washington, D.C.: U.S. Department of Justice, National Criminal Justice Association, March 1997.

52 Id. at 13.

53 Federal Bureau of Investigation, Bank Crime Statistics, Federally Insured Financial Institutions January 1,

1994 - December 31, 1994, Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation, 1995.

54 Id.

196

Section 3: New Directions in Victim Assistance and Allied Professions
55 RAINN,“On-Line Counseling: Brazos County Rape Crisis Center, Bryan,Texas: http://rapecrisis.txcber.com”

RAINN NEWS, Washington, D.C., August 1997.

56 National Institute of Justice,Tomz, J.E., McGillis, D.,Serving Crime Victims and Witnesses, Washington, D.C.:

National Institute of Justice, 2nd Edition, 1997:16, NCJ 163174.

57 Id.

58 Id. at 106.

59 Id. at 101.

60 National Organization for Victim Assistance,“Victim Services as a Profession,” in The Road to Victim Justice:

Strategies for Victims Services, National Organization for Victim Assistance, National Victim Center, funded by

the Office for Victims of Crime, 1992.

61 Id.

62 Seymour,A. and L. Lowrance,“Crime Victims and the News Media,” Fort Worth,TX: National Victim Center,

1988:7-10.

197

Chapter 6: New Directions for the Victim Assistance Community
CHAPTER 7

The Health Care

Community

In 1985, former Surgeon General C. Everett Koop declared violence

in America to be a public health emergency and convened a historic

conference on violence and public health, involving physicians, nurses,

public health workers, researchers, policymakers, and advocates.Yesterday’s emergency has become today’s epidemic, with some inner cities

looking more like war zones than urban communities. The costs to the

U.S. health care system are astounding:

• Three percent of U.S. medical spending—and 14 percent of injuryrelated medical spending—is caused by interpersonal violence.2

• During 1994, U.S. hospital emergency department personnel treated

an estimated 1.4 million people for injuries from confirmed or

suspected interpersonal violence.3

• One insurer, Blue Cross/Blue Shield of Pennsylvania, estimated that

more than $32 million a year is spent in that state alone to treat

domestic violence injuries.4

• Gunshot violence in the United States costs $4.5 billion a year in

medical expenses alone.5

• Alcohol-related crashes cost $45 billion per year, with the average

cost per victim at $16,000.6

Whether looking at the cost of the expensive emergency surgery

needed by more than half of all gunshot victims, the permanent brain

or spinal cord damage suffered by a high percentage of the survivors,

or the psychological trauma and long-term health consequences

endured by victims of relationship violence and sexual assault, violence

in America is both a major health risk for individuals and an enormous

drain on the nation’s health resources.7

Dr. Koop’s urgent message challenged health care providers and the

public to seek out the root causes of violence and develop the best

treatments. This new focus for health professionals has been

demonstrated at an institutional level, from the U.S. Surgeon General

and the American Medical Association to local chapters of organizations like the American Academy of Pediatrics, the American College of

Physicians, and the American College of Emergency Physicians.

Identifying violence as a

public health issue is a

relatively new idea.

Traditionally, when

confronted by the circumstances of violence, the

health professions have

deferred to the criminal

justice system. . . . [Today]

the professions of

medicine, nursing, and

the health-related social

services must come

forward and recognize

violence as their issue.1

Former Surgeon General 

C. Everett Koop

199

Chapter 7: The Health Care Community
Organizations such as the American Medical Association, the

American Nurses Association, the American Association of Emergency

Nurses, and the American Academy of Pediatrics, have taken a strong

and visible role in efforts to reduce violence and create a safer, healthier society. Many professional organizations actively supported legislation such as the Brady Law, the Assault Weapon Ban, the Violence

Against Women Act, the Child Safety Act, and laws to reduce drug distribution and handgun possession by juveniles. Medical and public

health research organizations, often funded by the Centers for Disease

Control and other Federal agencies, have examined the risks of

violence from many perspectives, greatly increasing the knowledge

base of criminal victimization. Physicians have established coalitions

with law enforcement personnel,social service workers, clergy,

teachers, parents, and government leaders to actively fight the

epidemic of violence. Their energy and commitment comes from

seeing firsthand the consequences of violence, from the gunshot

wound in the trauma unit to the abused child in the community clinic.

What happens in the clinical setting is paramount from the victim’s

point of view. Physicians must diagnose, treat, and mend victims of

crime, while also consoling and caring for them and their families.

Treating patients with sensitivity to their physical conditions, as well as

to the psychological impact of victimization, can help the overall

physical and mental healing process.

The President’s Task Force on Victims of Crime recognized that the

medical community is often the first to come into contact with crime

victims who have experienced some form of injury. Because victims

are understandably fearful and insecure when they arrive at medical

centers, the 1982 Task Force recommendations focused on the clinical

setting and the need for hospital personnel—from the emergency

room to the billing department—to be sensitized to the emotional

trauma of victimization and to treat the whole patient, not just the

physical manifestations of the criminal violence.8 The Final Report also

recommended that hospitals should:

• develop and implement training programs for hospital personnel to

sensitize them to the needs of victims of violent crimes, especially

the elderly and those who have been sexually assaulted;

• provide emergency medical assistance to victims of violent crime

without regard to their ability to pay and collect payments from

state victim compensation programs;

• provide emergency room crisis counseling to victims of crime and

their families;

The AMA can bring its

organizational resources

to bear on a national

agenda [of violence

prevention through

publications and

advocacy]. . . However,

the true success of our

commitment will come

when we as physicians,

treating patients one at a

time, make a difference

by breaking the cycle of

violence that engulfs

people’s lives.

Dr. Robert E. McAfee, 

former President 

American Medical Association

200

Section 3: New Directions for Victim Service Providers and Allied Professionals
• encourage and develop direct liaisons with all victim assistance and

social service agencies; and

• develop, in consultation with prosecuting agencies, a standardized

rape kit for proper collection of physical evidence.

In the 15 years since the Task Force released its recommendations,

changes in professional norms, institutional resources, and clinical

practice have made it easier for the health care community to respond

effectively to crime victims. One of the most visible indicators of

change in hospital response is the adoption of standardized protocols

for victim care, as well as statutory requirements for victim services in

many states. In addition, the Joint Commission on Accreditation of

Hospitals, the organization that accredits these facilities, has added

standards for victim response to its review requirements.

Great strides have been made to sensitize health professionals to the

signs and symptoms of domestic violence and child abuse and educate

them in appropriate treatments. Hospital-based Sexual Assault Nurse

Examiner (SANE) programs are springing up around the country to

assist rape victims in supportive settings, and some hospitals have

developed comprehensive social services for crime victims, including

individual and group counseling.

The medical community has responded slowly and inconsistently,

however, to the recommendations of the Task Force concerning

training of all hospital personnel, counseling in the emergency room,

and referrals to victim assistance organizations. The health care

community is just beginning to institute pilot projects to address the

special needs of crime victims such as adolescent gun violence victims,

one of the fastest growing populations of crime victims in the nation,9

and the hidden victims of family violence. In the words of Donna E.

Shalala, Secretary of Health and Human Services:

[W]e simply must do better. Because a battered woman may

never call the police...she may never contact a lawyer...she

may never enter a shelter, but, eventually — even if it’s only for

a routine check-up — she will probably visit a doctor, nurse, or

community health worker. And we must be ready when she

does... [W]e want to better reach out to health care professionals... strengthening our ability to screen, treat, and prevent

violence against women.10

Established Programs

Since the President’s Task Force Final Report was released in 1982,

significant advances have been made in identifying and treating victims

of family abuse, providing supportive services for sexual assault

victims, and reimbursing crime victims for medical expenses.

201

Chapter 7: The Health Care Community
Family Violence

The health care community has responded to family violence, which

encompasses abuse across the entire life cycle—children, adults, and

the elderly. Coalitions of national health organizations have been

established to address family violence and develop protocols on

recognizing and treating family violence. The American College of

Obstetricians and Gynecologists (ACOG) became the first national

medical organization to address domestic violence in response to the

high incidence of physical abuse among pregnant women. ACOG

collaborated with the National Coalition Against Domestic Violence to

publish bulletins and brochures about domestic abuse for its members

and their patients.

Another major health organization, the American Medical Association

(AMA), also has pushed the medical community to respond more

forcefully to family violence. In 1991, the AMA launched its Campaign

Against Family Violence to heighten physicians’ awareness of domestic

violence, child abuse, and elder abuse as public health problems. The

campaign sought to improve physicians’ ability to recognize the risk

factors and symptoms of abuse and refer patients for shelter and

services when needed. The AMA has published a set of diagnostic and

treatment guidelines for physicians in the areas of child physical abuse

and neglect, child sexual abuse, domestic violence, and elder abuse and

neglect. Both the AMA and the American Nurses Association have

developed protocols for appropriate intervention and treatment of

family violence. The Joint Commission on Accreditation of Healthcare

Organizations now requires hospitals to develop protocols for the

identification and treatment of battered women.11 A couple of the more

successful hospitalwide protocols for assessing and intervening on

behalf of domestic violence victims are the Advocacy for Women and

Kids in Emergencies (AWAKE) program at Children’s Hospital in

Boston, Massachusetts, and WomanKind, a 24-hour case management,

advocacy, crisis intervention, hospital-wide training,support group, and

outpatient assistance program serving three Minnesota hospitals.

Sexual Assault

Beside providing immediate treatment for victims, medical staff are

required to collect relevant evidence to document an assault and to

report their findings. Appropriate documentation provides useful

information for prosecutors and victims when taking criminal and

other legal action against perpetrators. As the 1982 President’s Task

Force Report recommended, a primary consideration is the use of

appropriate evidence collection kits to gather information in sexual

assault and sexual abuse cases for later evidentiary use at trial. This

must be done sensitively, but competently,so that the trauma of the

rape examination is minimized and evidence is collected accurately.

202

Section 3: New Directions for Victim Service Providers and Allied Professionals
Many hospitals have established protocol for the comprehensive

treatment of sexual assault victims, including the use of specialized kits

for forensic exams. However, one study found that such an exam

occurred in only 17 percent of all rape cases.12

Since 1990, the number of Sexual Assault Nurse Examiner (SANE)

programs across the country has doubled to 86.13 SANE programs offer

an innovative approach to handling the medical/evidentiary aspects of

sexual assault and child abuse cases through the use of technology,

nurse examiners, and specialized settings. Instead of having doctors

handle these cases in busy emergency rooms, SANE programs create a

special environment for victims and use trained nurse examiners to

conduct the evidentiary medical examination and present the forensic

evidence at trial. According to the Tulsa Police Department, the nationally recognized Tulsa SANE program has substantially improved the

quality of forensic evidence in sexual assault cases. The Sexual Assault

Resource Service of Minneapolis is developing a guidebook for starting

SANE programs for use by communities.

Compensation for Emergency Medical Care

Victim compensation programs in all 50 states,the District of

Columbia, and the Virgin Islands reimburse private and public hospitals

for the cost of emergency medical assistance to crime victims when

that cost is not covered by private insurance or other public medical

benefits. In most states, emergency medical assistance is reimbursed to

the hospital in the full amount of the cost billed.In others,state law or

rule authorize providing victim compensation programs to pay a

percentage of the billed amount,similar to the practice followed by

private insurance carriers or public medical programs such as Medicaid.

For example, Delaware pays 80 percent of billed charges;Arkansas,

California, and Maine pay 75 percent; Florida covers 66 percent; and

Louisiana pays 65 percent. A number of states also ensure, by law, that

victims are not held responsible for the remaining amount of the bill.14

Promising Practices

Pilot programs linking victim services with health care settings 

are increasingly being initiated across the country. These promising

practices bring together professionals from many disciplines to 

create victim services that aid recovery without revictimizing

patients or their families.

Professional Education and Training

Education and training for physicians and other health care

providers are essential to ensure a sensitive and forensically sound

response to criminal injuries. Until a family violence curriculum

becomes standard in all professional schools for medical personnel and

I hugged an emergency

room doctor when he

told me my son was

going to die. I clung to a

stranger because no one

else was there.

A survivor of a drunk 

driving crash

203

Chapter 7: The Health Care Community
in postgraduate continuing education programs, health care personnel

are likely to overlook this form of abuse, missing an important opportunity for early intervention and support. Fortunately, excellent training

protocols for responding to victims have been developed, and they are

being used by some hospitals around the country.

• With funding from the U.S. Department of Health and Human

Services and several major foundations, the National Health Initiative

on Domestic Violence, a project of the Family Violence Prevention

Fund (FVPF), has developed, evaluated, and disseminated multidisciplinary training programs to strengthen the medical community’s

response to battering in a variety of settings. The programs were

tested in 12 California and Pennsylvania hospitals in 1994 and 1995.

In only 9 months, all 12 hospitals successfully designed and

implemented a comprehensive interdisciplinary emergency department response to domestic violence, which includes physicians,

nurses,social workers, administrators, and community advocates.

The model is now being used in more than 130 hospitals and health

care settings. FVPF recently published a manual with step-by-step

instructions to develop this field-tested, low-cost model program, as

well as a blueprint to create a citywide health care response to

domestic violence.15 In 1997, the Initiative began its second phase,

expanding into ten states to work with a coalition of interested

organizations to develop and implement a statewide plan for a

comprehensive hospital-based response to domestic violence.

A national conference, Domestic Violence and Health Care: Initiatives for the New Millennium, was held in Washington, D.C.,

in November 1997 to flesh out the steps necessary to expand and

improve the U.S. health care response to domestic violence.

• Individual hospitals are pioneering specialized victim services training

for physicians and mental health professionals. The Harborview

Center for Sexual Assault and Traumatic Stress at Harborview Hospital

in Seattle,Washington, one of the oldest victim service programs in the

nation, has been a national leader in developing comprehensive

mental health services for sexually abused children and adults. A

medical training program at Harborview,supported by state funds,

provides training to physicians and other health care providers who

examine sexual assault victims. The program also provides emergency

department training in acute response, a mentorship program for

doctors, colposcopy16 slide review for quality assurance, and protocols

for administering tests for sexually transmitted diseases to adolescent

and adult patients reporting rape.

• At Children’s Hospital in San Diego, California, the Center for Child

Protection (CCP) was established in 1976 to address the prevention,

diagnosis, and treatment of child abuse and family violence. Its

services include intensive home visiting, assessment, and case

204

Section 3: New Directions for Victim Service Providers and Allied Professionals
management;support for pregnant and parenting teens; assistance to

women in identifying and accessing resources to break the cycle of

family violence; and individual, group, and family therapy to victims

of child abuse and their caretakers. The success of these programs

led to numerous requests for training and technical assistance from

other health care providers. In response, CCP started a clinical

training program that offers accredited continuing education to

physicians in conducting the medical evaluation of child sexual

abuse and to interview specialists in conducting forensically defensible videotaped interviews of children. CCP’s San Diego Conference

on Responding to Child Maltreatment and Summer Seminars by the

Sea provides state-of-the-art multidisciplinary education to 2000

professionals from around the world each year.

• An interactive teleconference was used statewide in Alabama to

train public health department employees in domestic violence

identification and treatment. Developed through a partnership

between the Alabama Coalition Against Domestic Violence and the

Alabama Department of Public Health, this innovative training

program used a talk-show format: an Alabama newscaster was host,

and a physician,shelter director, attorney, and three survivors played

the roles of talk show guests.17

• In its continuing effort to educate the medical profession about

domestic violence, the American College of Obstetricians and

Gynecologists has produced a slide lecture about the health care

needs of domestic violence victims. Target audiences include OBGYN residents, third-year OB-GYN medical students, first- and

second-year medical students in courses such as Introduction to

Clinical Medicine, and other health care providers including

emergency department personnel, dentists, nurse midwives, nurse

practitioners, and mental health providers.

• In 1997,the Program Against Sexual Violence and the School of

Dentistry at the University of Minnesota received funding from the

Office for Victims of Crime to develop a comprehensive education

model for dentists and dental auxiliaries regarding family violence. The

project will produce a training videotape on the clinical and medical

signs of family violence in the dental setting; develop a curriculum for a

six-hour seminar designed to train dental professionals to recognize

family violence and to implement appropriate intervention; and design

a comprehensive training packet which will enable the dental team to

easily apply the intervention model to their own office setting.

• Victim Services in New York City has launched a 3-year pilot project

with HIP, the city’s largest managed care health provider, to respond

to victims of domestic violence. The pilot has four components:

physician and staff training; universal screening of all female

The chief medical

examiner told me that this

(the bombing) tore down

every (protective) wall he

had built up.

Diane Leonard

survivor of homicide of 

the bombing of the

Alfred P. Murrah 

Federal Building,

Oklahoma City, OK

205

Chapter 7: The Health Care Community
patients; care management of identified domestic violence victims;

and public education and outreach to HIP members. Other goals of

the pilot include developing models of coordinated care between

the mental health and primary care physicians, developing outcome

measures to track benefits of the intervention, and developing

actuarial data on the prevalence and cost of domestic violence to

HIP. Over 185,000 HIP members will be served by the project. The

project is funded by HIP, the Robert Wood Johnson Foundation,

Chase Bank, and the New York State Department of Health.

Multidisciplinary Approaches in Health Care Settings

Health care, mental health,religious, and social service agencies

must work closely with police officers and detectives, prosecutors,

judges, court personnel, correction professionals, and victim assistance

providers when assisting victims of crime. In the past, these professionals have not necessarily shared the same goals, nor were they amenable

to working together. These allied professionals are beginning to

recognize that they must cooperate and understand each other’s

functions when responding to criminal victimization.

• The Violence Prevention Task Force of San Francisco General

Hospital (SFGH) was established in 1994 to build bridges between

the many hospital departments that interface with victims of

violence, and between the hospital and the community. Comprised

of representatives from the hospital’s trauma,surgery, emergency

services, psychiatry, nursing, pediatrics, family medicine,social

work, and administration departments, the task force is facilitating

institutional change in the way crime victims are treated. They also

seek to foster a culture of violence prevention at SFGH. Members

of the task force conduct staff training sessions to raise consciousness about violence and sponsor annual educational fairs for

community victim service agencies to share resources and dialogue

with health care workers.

• The Center for the Vulnerable Child at the Los Angeles CountyUniversity of Southern California Medical Center was founded in

1984 as one of the first hospital-based family violence advocacy

centers in the nation. The state-of-the-art medical treatment and

forensic documentation provided by the center is complemented by

a multidisciplinary approach, including legal,social, and mental

health services, to guarantee that all patients are treated with dignity.

The center uses new interactive computer technology called

telemedicine to consult with health providers in rural areas on

conducting examinations of abused children. In addition, the center

is using Office for Victims of Crime funding to develop a hospitalbased emergency shelter for victims of spousal abuse and their

Education is the most

powerful tool we have 

in our quest to break 

the cycle of violence

because it addresses the

problem where it begins

— at the grassroots.

Dr. Percy Wooton, 

President, American 

Medical Association

206

Section 3: New Directions for Victim Service Providers and Allied Professionals
children to serve as a laboratory and training site. The shelter will

assist victims of spousal assault by assessing the potential for

repeated violence to parents and children in a safe environment.

• The Children’s Advocacy Center in Niagara, New York, a service of

Niagara Falls Memorial Medical Center, is another example of a

multidisciplinary program in a hospital setting that offers a single

child-friendly facility for children who have been physically or

sexually abused. Prosecutors, police officers,social services

workers, therapists, victim advocates, and medical professionals

work together to investigate allegations and to reduce the trauma

for these children. The center also provides training for team

members several times a year.

• The National Crime Victims Research and Treatment Center at the

Medical University of South Carolina provides specialized mental

health services while working closely with police agencies, the

prosecutor’s office, the local rape crisis center and battered women’s

shelter, the state crime victim assistance network, and the crime

victims compensation agency. Physically injured crime victims

hospitalized in the medical center are provided with information

about the justice system, crisis counseling, and referrals for

outpatient treatment.

• In the rural community of La Crosse,Wisconsin, the Gundersen

Lutheran Crime Victim Services and Victim Resource Center, a

program of the Gundersen Lutheran Medical Center, is testing a fivecounty crisis response protocol for victims of traumatic crime.

Supported by a Victims of Crime Act subgrant, the program works

to improve the accessibility of clinical service resources to victims

of serious crimes; increase victims’ access to staff; enhance the skills

of physicians, nursing staff, and clinicians for crisis management

response; and improve communication among law enforcement,

district attorney’s offices, and clinical support services.

• The American Academy of Facial Plastic and Reconstructive Surgery

(AAFPRS), in partnership with the National Coalition Against

Domestic Violence, the umbrella group for the majority of domestic

violence shelters across the nation, provides free medical services to

victims of domestic abuse. Shelter counselors refer domestic

violence victims who have received injuries to the face, head, or

neck to AAFPRS for consultation with a surgeon, and suitable

candidates are given reconstructive surgery at no cost. Since July

1994, 614 victims have been referred to plastic surgeons.

207

Chapter 7: The Health Care Community
Programs Assisting Adolescent Gunshot Victims 

and Victims of Gang Violence

While multidisciplinary protocol are becoming routine for treating

victims of child abuse,sexual assault, and family violence, guidelines to

address the unique needs of violently injured adolescents did not exist

until recently. In November 1996, a Task Force on Adolescent Assault

Victim Needs convened by the American Academy of Pediatrics

published a model protocol for appropriate care of these victims from

their arrival in the emergency department to their discharge from the

hospital. The work of the task force was guided by the premise that

comprehensive care of violently injured adolescents must address their

psychosocial needs as well as their physical injuries. The protocol is

designed to promote full recovery and to reduce the risks of reinjury

and reactive perpetration.18

The OVC Special Report, Victims of Gang Violence:A New Frontier

in Victim Services, released in October 1996,recommended that

hospital-based counseling and prevention programs be established in

medical facilities that provide services to gang violence victims.

Several hospitals are already testing pilot programs for children and

adolescents that involve a range of disciplines over time and across

hospital, clinic, and community settings. A few are highlighted below.

• The Teens on Target program at the Summit Medical Center in

Oakland, California, and at the Rancho Los Amigos Medical Center in

Los Angeles has been hailed nationwide as a model for hospital-based

gang violence intervention. It provides immediate and long-term

assistance to teenage victims, intervention with gang members who

accompany victims to emergency rooms, and gang prevention strategies for schools. The program uses trained peer counselors, many of

whom are in wheelchairs because they were victims of gang

violence, to give bedside support to injured teens and help them

find alternatives to violence.

• Project Ujima is a unique multidisciplinary collaboration of the

Children’s Hospital of Wisconsin, the Social Development Commission/Milwaukee Youth Opportunities Collaborative, the Medical

College of Wisconsin, the Wisconsin Department of Health

Education, and Family Services of Milwaukee. The project was

created to prevent violence and improve the health of violently

injured youth in the Milwaukee community. To accomplish this, the

project’s partners established a network of medical, psychological,

and social support systems to provide emergency service for young

victims and their families. In the Children’s Hospital emergency

department, peer counselors, community-based staff, and a social

worker provide support and a sense of safety and trust. Following

discharge, youth and families are visited at home by service

208

Section 3: New Directions for Victim Service Providers and Allied Professionals
providers who provide them with continued medical care and a

complete health assessment as well as integrated violence prevention services. Training sessions for hospital staff focus on effective

communication and sensitivity toward violently injured youth of

different races and ethnic backgrounds.

• KidStART is a Violent Injury Prevention Center for physical and

psychological healing of violent injuries that started in 1995 as a

pilot at the Children’s Memorial Medical Center in Chicago, Illinois.

KidStART counselors meet each week with an average of 21 young

victims of violent injury in the hospital’s special art studio, where

they paint, draw, make masks, and sculpt in clay. Parents,siblings, and

other hospital patients may also participate. The program has had a

visible impact on these patients by allowing them to express and

validate their feelings of fear, frustration, and pain utilizing creative

arts as their primary media.

• The Violence Prevention Club, established in 1991 by the Boston

Violence Prevention Program and now replicated at the Boston

Medical Center, is designed to provide guidance and support to

young people with spinal cord and other injuries caused by

violence.Young gunshot victims in the hospital have immediate

contact with a member of the violence prevention staff and are

matched with peer counselors who also have sustained gunshot

injuries. The recovery period in the hospital and rehabilitation

center offers a window of opportunity for survivors to be exposed

to supportive resources and peer role models in the community.

Once discharged, they are encouraged to become advocates for

prevention.Youth and adult staff of the Violence Prevention Club

have trained and assisted other spinal cord injury units and city

health departments across the nation in developing their own

violence and victimization intervention initiatives.

Recommendations from the Field for the

Health Care Community

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #1

All professional schools that educate

future health care professionals, including

schools of medicine, nursing, social work,

rehabilitation, hospital administration,

and public health, should incorporate

victim issues into their curricula.

Time, it seems, is the only

thing I have right now.

For the past five weeks I

have been sitting in a

hospital room beside my

husband’s bed, for

something that was so

senseless and so wrong to

happen to him. Five

weeks ago my husband

was shot three times in the

head in a gang related

incident. Violence and

crime has to be changed

to love and hope.

The wife of a shooting victim

209

Chapter 7: The Health Care Community
It is critical that the health care community learn about the psychological, as well as the physical trauma caused by crime. At a minimum,

courses on the trauma of victimization, child sexual and physical abuse,

elder abuse and neglect, domestic violence, and sexual assault should

be a standard part of curricula for health care providers. The

objectives of a violence curriculum should be: to educate about risk

factors, indicators, prevalence, and consequences of violence; to

increase awareness of the prevalence of family violence; to emphasize

the need to screen all patients for alcohol and other drug abuse; to

enhance provider-patient communication skills, including how to take

a violence history; to foster a multicultural understanding and sensitivity; and to expand knowledge of victims’rights and available services

to enhance capability for quality and timely referrals.19 These topics

should be included in professional licensing examinations, and continuing education programs throughout their careers.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #2

All patients should be routinely assessed

for indications of domestic abuse or other

history of violence, and any signs or

symptoms of abuse should be

documented in their medical records.

State legislatures should consider following the lead of California,

the first state to mandate that all hospitals and licensed clinics

routinely screen patients for indicators of abuse,21 document such

indicators in their medical records, and refer patients to domestic

violence assistance resources.22 The law also requires all health care

providers to complete domestic violence course work or training as

part of the licensure and recertification process. Other states,such as

Florida and New York,require similar training for physicians licensed

by the state. Whether required by state law or not, health care responders should be instructed and trained to gather evidence to document

domestic violence injuries for use later in criminal, juvenile, child

protective, and civil proceedings. Medical personnel should document

the patient’s injuries and report in as much detail as possible, using

sketches or photographs and the exact words the patient uses to

describe the incident.23 Support systems for the protection of health

care professionals who report child abuse, neglect, and child witnessing of violence should be strengthened.

Doctors—and other health

care professionals—need

to know the signs of abuse,

what questions to ask,

and how to screen women

from all cultures and

ethnic groups who may

have suffered domestic

abuse. They need to know

that if they suspect child

abuse, they also need to

screen the parents . . . In

a managed care environment, a woman doesn’t

generally have one

doctor—a Marcus Welby

or Ben Casey taking care

of her throughout her life.

So it’s particularly

important that every

doctor, nurse, physician’s

assistant, and midwife is

learning about domestic

abuse right along with

anatomy and physiology.20 

Health and Human 

Services Secretary 

Donna Shalala, 1997

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Section 3: New Directions for Victim Service Providers and Allied Professionals
HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #3

Hospitals should establish training

programs and protocols for all hospital

personnel about the rights and needs of

victims of crime. 

Annual mandatory training programs for hospital staff on victims’

needs should include presentations by individual victims or victim

panels on the trauma of victimization and victims’rights laws. The

training should be multidisciplinary and devote special attention to

victims of sexual assault, child abuse, domestic violence, elderly victimization, hate and bias crimes, and catastrophically injured patients,

including those injured in drunk driving crashes. Protocol similar to

those developed by the AMA and American Nurses Association should

be developed to ensure appropriate procedures for collecting, preserving, and transmitting evidence and to eliminate repeated interviews of

victims by doctors, nurses, and social workers.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #4

Medical facilities including hospitals and

rehabilitation and trauma centers should

serve as gateways to assist victims of

crime. Response staff should be

available in these settings to provide

onsite crisis counseling, follow up with

patients, and serve as links to in-house

and community resources. 

The health care,social service, criminal and juvenile justice, and other

professional communities must integrate their response to violence if

victims are to be provided a safety net that functions effectively. Medical

settings should develop linkages with a variety of area resources including victim service agencies. Special consideration of the needs of

victims,such as food, clothing,transportation, and the development of

safety plans should be taken into account in emergency rooms and

trauma centers. Programs should involve the family in aftercare and

should educate them about victims’ needs and rights before they leave

the hospital.In all cases, victims must be informed about options and be

at the center of decisions related to their aftercare.

Actually, a nurse who

had been a survivor of

drunk driving herself told

me about crime victims

compensation.

A survivor of a drunk 

driving crash

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Chapter 7: The Health Care Community
HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #5

Victims of sexual assault should be given

emergency medical care, forensic

examinations, and testing for HIV and

sexually transmitted diseases at no outof-pocket cost and in a supportive setting.

More hospitals should consider establishing Sexual Assault Nurse Examiner

programs to respond sensitively to the

needs of sexual assault victims.

Specialized medical examinations for child and adult victims of

sexual assault have forensic, health, and psychological purposes. In

these times of dramatic changes in the health care delivery system and a

shift to managed care, it is especially important to ensure that victims

receive the full range of treatment they need including diagnosis and

treatment of injuries, and testing, counseling, and treatment for sexually

transmitted diseases. Financing these critical services could be

accomplished through government support of forensic practitioners,

criminal or juvenile justice system reimbursement for examination

costs, or coverage by VOCA-funded crime victim compensation

programs. In federal sexual offense cases,the Attorney General should

provide for the payment of the cost of two anonymous and confidential

tests of the victim for the HIV virus and sexually transmitted diseases,

including gonorrhea, herpes, chlamydia, and syphilis.24

HIV testing should be conducted at an anonymous testing site that

provides pre- and post-test counseling. Anonymous testing allows 

the victim to keep his/her results private and avoids the potential 

for the results to be discovered by defense attorneys or insurance

companies when the test is performed in a hospital setting. Any

costs associated with the testing should be covered by the medical

community or by crime victim compensation.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #6

Cultural competency guidelines should be

developed to help health care providers

improve screening and intervention services

for victims from diverse backgrounds.

Detection, treatment, and prevention services for victims of

domestic assault, elder abuse, child abuse, and sexual assault are

often nonexistent, inadequate, or culturally inappropriate in rural,

At the hospital, I was

denied a shower. I drove

home in the same clothes

and condition as at the

time of the rape.

A rape victim

212

Section 3: New Directions for Victim Service Providers and Allied Professionals
inner-city, lower income, minority, and immigrant communities.

Where these services do exist, victims may be inhibited from

seeking help because of cultural barriers. Health care providers

often compound these problems by their lack of knowledge about

options available to patients, by not discussing the topic out of their

own discomfort, and by insensitivity to the cultural context of

abuse. Imaginative approaches are needed to foster multicultural

understanding on the part of students in professional schools. For

example, where standardized patients are used as a teaching

method, they should represent the community’s racial, cultural,

and linguistic groups.25

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #7

Medical personnel should be knowledgeable about and have policies in place to

ensure that statutory privacy protections

are applied to medical records, abuse

reporting forms, and medical legal

evidence. They should respect the

confidentiality and privacy needs of all

victims of crime and assist them in dealing

with unwanted media attention,

especially in cases of sexual assault and

assaults on children. 

Although horrendous crimes may be of interest to the public,

crime victims do not have to share the details or their feelings with

the public. Hospitals and clinics should develop protocols for protecting the rights of victim-patients in their care who do not want to be

interviewed or photographed.Victims of domestic violence,sexual

assault, and gang violence may need to be admitted under an alias to

protect them from further acts of violence. Security guards should be

alerted when violence or unwanted media attention is a possibility.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #8

Counseling and prevention programs

and/or a referral system to such

programs, should be established in

medical facilities that treat violencerelated injury, including gunshot victims,

to address the broad spectrum of needs 

of these victims.

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Chapter 7: The Health Care Community
The importance of counseling and prevention programs for victims

of gang violence was emphasized in the 1996 OVC Special Report,

Victims of Gang Violence:A New Frontier in Victim Services. Rehabilitation-based intervention strategies to reduce adolescent acquaintance

violence are being used in major trauma centers across the country

and should be replicated, wherever possible.26

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #9

Protocols for appropriate security and

safety procedures should be developed

to assist hospital personnel in responding to incidents of gang, family, and

other violence that might result in 

staff victimization.

Patient assaults on personnel in emergency rooms and other heath

care facilities threaten the welfare not only of the assaultive patient,

but of staff and visitors.Victims report intense emotional reactions as

well as physical injury.While risk management is widely recognized

as an important element of the management response, crisis intervention procedures and peer counseling also should be established for

emergency service personnel and health care providers affected by

assaultive incidents.27

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #10

Pediatricians, family practitioners,

internists, and other health care professionals treating young children should be

educated about the effects on children of

witnessing domestic violence and violence

in the community.

Several studies have documented that children are victims of and

witnesses to a significant amount of violence, including homicides and

serious assaults.28 It has also been estimated that at least 3.3 million

children witness physical and verbal spousal abuse each year, from

insults and hitting to fatal assaults with guns and knives.29 Pediatricians,

pediatric nurses,social workers, and others working in clinical settings

need to be able to recognize and treat both short-term and long-term

consequences of violence to children, including post-traumatic stress

disorder, or ensure appropriate referrals for counseling.

214

Section 3: New Directions for Victim Service Providers and Allied Professionals
HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #11

Technology should be utilized to improve

medical services for crime victims,

especially in underserved and rural areas. 

Many crime victims who live in underserved,rural, or remote areas

do not have access to physicians to conduct forensic and other needed

medical examinations. To help provide these crucial services,rural

communities should consider using new technology to link nurse

practitioners to trained physicians who can help them to conduct

examinations and review procedures. Web sites should be established

to provide information and links to local resources for families seeking

help on victimization issues.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #12

Statutes and policy should be adopted to

prevent insurance companies from discriminating against victims of crime by denying

and/or canceling coverage or by charging

higher premiums for such coverage.

Some victims and their advocates report that it has become a

practice among some insurance carriers to deny claims made by

individuals that resulted from their criminal victimization. In addition,

some insurers have either refused to cover such victims or have

attempted to charge victims exorbitant premiums to obtain such

coverage. As a matter of public policy, insurers granted the privilege of

doing business in the various states should be required to provide

victims with basic coverage much the same way companies are

required to insure high risk drivers.30

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #13

All health care professionals should be

educated about sensitive death notification techniques.

Death notification is rarely, if ever, addressed in medical schools,

although nursing journals, pastoral care journals, and some medical

social worker literature addresses it. OVC has funded the development

of four death notification seminars, one geared specifically toward

215

Chapter 7: The Health Care Community
health care providers. The protocol presented are based, in part, on

interviews with hundreds of family members who had been notified of

the deaths of their loved ones.

HEALTH CARE COMMUNITY RECOMMENDATION FROM THE FIELD #14

Catastrophic physical injury victims,

including assault and drunk driving crash

survivors with serious injuries, should

receive specialized neuro-psychological

evaluation in health care facilities.

Emergency room professionals place primary importance on

treatment of injuries that are obvious or are detected by x-ray, CT scan,

or MRI. Victims who have been seriously injured should also be

referred to neuro-psychologists for evaluation of closed head injury and

post-traumatic stress disorder. Five to 45% of motor vehicle crash

survivors who seek medical attention will develop PTSD within the

year following the crash and an additional 15% to 30% will develop

symptoms but not enough for the full diagnosis.31

216

Section 3: New Directions for Victim Service Providers and Allied Professionals

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Koop, C.E.,“Foreword,” in Violence in America:A Public Health Approach, ed. M.L. Rosenberg and M.L. Fenley,

New York: Oxford University Press, 1991.

2 Miller,T.R., M.A. Cohen, and B.Wiersema, Victim Costs and Consequences:A New Look, National Institute of

Justice, February 1996, NCJ 155282.

3 Rand, M.R., Violence-Related Injuries Treated in Hospital Emergency Departments, Special Report,Washington, D.C.: U.S. Department of Justice, Bureau of Justice Statistics,August 1997, NCJ 156921.

4 Flitcraft,A.,“Physicians and Domestic Violence: Challenges for Prevention,” Health Affairs, Vol. 12, Number 4,

1993:159.

5 Headden, S.,“Guns, Money & Medicine,” U.S.News & World Report, July 1, 1996:34.

6 Miller,T.R., and L.J., Blincoe,“Incidence and Cost of Alcohol-involved Crashes,” in Accident Analysis & Prevention,Vol. 26, Number 5, 1994:583-591.

7 There is increasing evidence that the impact of crime-related trauma takes its toll on the long-term physical

health of its victims. Dr. Dean Kilpatrick, a national expert on victimization, notes that crime victims have

higher rates of health care utilization than nonvictims of crime. Moreover, female crime victims have been

found to have higher rates of several prevalent health problems. Compared to nonvictims, crime victims have

higher rates of several behaviors that contribute to health morbidity and mortality such as heavy alcohol and

drug use, drunk driving,smoking, bulimia, and obesity.

8 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: U.S. Government Printing Office,

December 1982:89-94.

9 According to the Federal Bureau of Investigations 1995 Uniform Crime Reports, juvenile gang killings 

increased 38% over the last five years. Federal Bureau of Investigations, 1995 Uniform Crime Reports, Washington, D.C.: 1995:17.

10 Shalala, Donna, Remarks to the Family Violence Prevention Fund National Conference, Domestic Violence and

Health Care: Initiatives for the New Millennium, Washington, D.C., November 3, 1997.

11 Information on pioneering research and program development by physicians and nurses is contained in “Best

Practices: Innovative Domestic Violence Programs in Health Care Settings,” San Francisco, CA: Family Violence

Prevention Fund, February 1997.

12 Kilpatrick, D., Edmunds, C., and A. Seymour, Rape in America:A Report to the Nation, Arlington,VA: National

Victim Center and the Medical University of South Carolina, National Crime Victims Research and Treatment

Center, 1992.

13 Data obtained from SANE program survey conducted by the Sexual Assault Resource Service of Minneapolis

under OVC Grant # 96-VF-GX-K012.

14 Florida law, for example, provides that “the deductible or copayment provision of any insurance policy shall not

be applicable to a person determined eligible pursuant to the Florida Crimes Compensation Act. . . .” FLA. STAT.

ANN. §624.128.

15 “Best Practices: Innovative Domestic Violence Programs in Health Care Settings,” published by the Family

Violence Prevention Fund, 1997.

16 Colposcopy is the microscopic examination of the cervix.

17 This program is described along with a sampling of other innovative health care domestic violence programs in

“Best Practices: Innovative Domestic Violence Programs in Health Care Settings.”

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Chapter 7: The Health Care Community
18 American Academy of Pediatrics,“Adolescent Assault Victim Needs:A Review of Issues and a Model Protocol,”

Pediatrics, Vol.98, No.5, 1996:991- 1001.

19 Alpert, E.J. and S. Cohen, eds.,“Educating the Nation’s Physicians about Family Violence and Abuse,”Academic

Medicine, Supp.72, January 1997:1; Thurston,W.E. and L. McLeod,“Teaching Second-Year Medical Students

About Wife Battering,” Women’s Health Issues, Vol.7, No.2, 1997:92-98.

20 Shalala, D., Domestic Violence and Health Care: Initiatives for the New Millennium, Remarks to the Family

Violence Prevention Fund National Conference,Washington, D.C., November 3, 1997.

21 According to Dr. A. Heger, Medical Director of the Violence Intervention Program at L.A. County—USC Medical

Center, 28% of emergency room visits are related to family violence.

22 West’s Ann. CAL. HEALTH AND SAFETY CODE §1233.5 (West). Patient screening to detect spousal or 

partner abuse.

23 McAfee, R.E., M.D.,“Medical Records,” in The Impact of Domestic Violence on Your Legal Practice, American Bar

Association Commission on Domestic Violence, 1996.

24 Violence Against Women Act of 1994, tit. IV of the Violent Crime Control and Law Enforcement Act of 1994, Pub.

L. No. 103-322 (September 13, 1994) codified at 42 U.S.C. 13701, at § 40503.

25 Pinn, M.T., V.W. Chunko,“The Diverse Faces of Violence: Minority Women and Domestic Abuse,”Academic

Medicine, Supp., January 1997:72.1.

26 See, e.g., De Vos, E. , D. Stone,“Evaluation of a Hospital-based Youth Violence Intervention,”American Journal of

Preventive Medicine, Supp.Vol.12, No.5 1996:101-108.

27 Lanza, M.L.,“Nurses as Patient Assault Victims:An Update, Synthesis, and Recommendations,”Archives of Psychiatric Nursing, VI:3, 1992:163-171.

28 See “Silent Victims, Children Who Witness Violence,”Commentary,Journal of the American Medical Association, Vol.269 No.2, 1993:262- 264.

29 Osofsky, J.D.,“Children Who Witness Domestic Violence:The Invisible Victims,” Social Policy Report, Vol.IX No.3,

1995:2-3.

30 Under current federal law (Kennedy-Kassenbaum legislation) it is illegal for insurance companies to discriminate based on a pre-existing condition when a person transfers from one insurance plan to another. Abuse

cannot be considered a pre-existing condition. In addition, Senator Paul Wellstone (D-MN) and Representative

Bernard Sanders (I-VT) have introduced legislation that would effectively prevent discrimination of insurance

carriers against victims of crime. Called the Victims of Abuse Insurance Protection Act, it would prohibit

insurers and health carriers from making coverage determinations on the basis that the applicant or insured is

or has been the victim of domestic abuse. It would also prohibit insurers from using or disclosing information

about the person’s abuse history, with limited exceptions. S. 467, H.R. 1117.

31 Hickling, E.J., and E.B. Blanchard,“Post Traumatic Stress Disorder and Motor Vehicle Accidents,” Journal of

Anxiety Disorders, Vol. 6, 1992:283-304; Green, M.M., McFarlane,A.C., C.E. Hunter, & W.M. Griggs,“Undiagnosed

Post Traumatic Stress Disorder Following Motor Vehicle Accidents,” The Medical Journal of Australia, Vol.159,

1993: 529-534.

218

Section 3: New Directions for Victim Service Providers and Allied Professionals
CHAPTER 8 

The Mental Health

Community

Victims of crime often suffer a broad range of psychological and

social injuries that persist long after their physical wounds have

healed. Intense feelings of anger, fear, isolation, low self-esteem,

helplessness, and depression are common reactions.1 Victimization can

shatter the most basic assumptions that allow people to function

normally in their daily lives—that they are safe from harm, that the

world is meaningful and just, and that they are good, decent people.

This happens not only to victims of violent assaults but also to victims

of crimes such as burglary and fraud.2 Survivors of prolonged, repeated

trauma, such as battered women and abused children, often suffer

severe mental health problems.

The emotional damage and social isolation caused by victimization

can be compounded by a lack of support and even stigmatization by

friends, family, and social institutions, producing a “second wound” for

victims. Those closest to the victim may be traumatized by the crime.

They may be so overwhelmed by their own anger, fear, and guilt that

they are unable to provide much care and understanding. Some

friends and family members, particularly of victims of sexual assault,

distance themselves from the victim and blame them for what

happened.3 To protect their own belief in a just world where people

“get what they deserve,” and to establish distance from the possibility

of random or uncontrollable injury, many people prefer to see victims

as responsible for their fate.

When victims seek help, they are sometimes met with similar

insensitivity. They often feel revictimized by the criminal or juvenile

justice process, which traditionally has been more concerned with the

rights of the accused than with those of the victim. Justice may

become a central issue for victims as they seek to reconstruct their

lives and begin to heal.4 Participation in the justice process is therapeutic when it helps victims to better understand what happened, allows

them an opportunity to tell their story, and validates their loss and

sense of being wronged.When victims are ignored, their feelings of

trauma may be intensified and prolonged.

Millions of Americans of

all ages suffer from crimerelated mental health

problems. Although there

have been improvements

in providing effective

mental health counseling

for victims, more needs to

be done. Mental health

professionals must join

with victim assistance

professionals to ensure

that every crime victim

has access to effective

mental health services at

every stage of the criminal

justice system process.

Dean G. Kilpatrick, 

Professor of Clinical Psychology

and Director of the National

Crime Victims Research 

and Treatment Center, 

Medical University of 

South Carolina

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Chapter 8: The Mental Health Community
Progress Since the President's Task Force 

on Victims of Crime 

The President’s Task Force on Victims of Crime observed in 1982

that violent crime produces psychological as well as physical injuries.5

In issuing its recommendations, the Task Force challenged the mental

health community to:

• Provide immediate and long-term psychological treatment programs

for victims of crime and their families.

• Establish training programs that will enable practitioners to treat

crime victims and their families.

• Study the immediate and long-term psychological effects of 

criminal victimization.

• Work with public agencies, victim compensation boards, and private

insurers to make psychological treatment readily available to crime

victims and their families.

• Maintain direct liaison with other victim service agencies.

In addition, the Task Force suggested that legislation be enacted to

ensure that designated victim counseling is legally privileged and not

subject to defense discovery or subpoena.

While the physical and financial injuries of criminal victimization

were emphasized in the victims’ movement, for many years crime’s

psychological toll was not fully recognized. In the early 1980s,

landmark documents called attention to the fact that victims of violent

crime often experience crime-related mental health problems. In 1980,

the third edition of the American Psychiatric Association’s Diagnostic

and Statistical Manual included post-traumatic stress disorder as a

new diagnostic category and noted that it could be caused by violent

crimes such as rape and assault.6 Four years later, the American

Psychological Association Task Force on Victims of Crime and Violence

examined the field of psychology and its allied professions. Its final

report reviewed the state of psychological knowledge on victimization,

surveyed theory and approaches to helping victims, and made

recommendations for the mental health community.

7

Major advances have been made in our understanding of crime-related

psychological trauma and the best ways to provide treatment to crime

victims.Research on the scope of criminal victimization and its psychological impact has grown substantially.In 1994,the fourth edition of the

Diagnostic and Statistical Manual pointed out differences between

acute traumatic stress disorder—reflecting what is known in the field as

the crisis reaction to victimization—and post-traumatic stress disorder.

8 It

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Section 3: New Directions for Victim Service Providers and Allied Professionals
further recognized the impact of the subjective perception of victims in

understanding traumatic events, which opened the way for further

research on the effects of culture and environment on victim responses

and healing.Research has led to a growing acknowledgment of the differences between the types of trauma reactions that occur after a sudden,

random, arbitrary event and the reactions that occur when one is repeatedly traumatized over time in situations such as domestic violence, child

abuse,hostage taking, or war.

9 Other studies have provided new

understanding of stress reactions of crisis intervenors, victim assistance

providers, and mental health professionals when they work with crime

victims.10 Although less well-developed,the research literature on efficacy

of treatments for crime-related psychological trauma also has expanded.

Prior to 1982, there was virtually no systematic training available for

mental health professionals on effective treatments for crime victims.

The Society of Traumatic Stress Studies developed the first interdisciplinary curriculum on responding to traumatic stress in 1989.11 This

information is now included in the training curricula of some mental

health and medical professionals, and postgraduate inservice training

through workshops is much more available.

The passage of the Victims of Crime Act (VOCA) in 1984 had an

important impact on improving mental health services for crime victims

because state crime victim compensation programs were required to

provide payment for mental health counseling in order to qualify for

VOCA funding.Within a few years, most states amended their compensation statutes to include mental health counseling as an eligible

benefit, providing considerable incentive for mental health professionals

to learn how to provide effective treatment to crime victims.

The Office for Victims of Crime (OVC) has supported expanding

mental health services for crime victims by funding important initiatives in education for mental health professionals and counseling for

crime victims. These initiatives range from supporting assessment and

counseling services for child sexual abuse victims on Native American

reservations to funding crisis response teams to assist victims of major

mass crimes such as the 1995 bombing of the Alfred P. Murrah Federal

Building in Oklahoma City. In 1995, OVC provided funding to the

Pennsylvania Coalition Against Rape to develop a curriculum on collaborative approaches to victim services for mental health and victim

service providers.12 In the critical area of financial support for victim

counseling, OVC funded the National Association of Crime Victim

Compensation Boards in 1991 to develop state-of-the-art guidelines on

evaluation and payment of mental health counseling claims.

In addition, the National Institute of Justice provided substantial

funding for the 1994 National Conference on Family Violence cosponsored by the American Medical Association and the American Bar

As much as 10 to 20

percent of mental health

care expenditures in the

United States may be

attributable to crime,

primarily to victims

treated as a result of their

victimization. These

estimates do not include

any treatment for

perpetrators of violence.44

Victim Costs and

Consequences: 

A New Look, 1996

221

Chapter 8: The Mental Health Community
Association. Important recommendations were made at the conference

to improve multidisciplinary criminal justice and health care

approaches to family violence, including developing mental health

referral sources and a communitywide assessment process that

maximizes safety for all family members.

The Importance of Understanding and

Treating Crime-related Psychological Trauma

Crime-related psychological trauma is a major public health and

mental health problem for our nation. Because violent crime has been

shown to increase both morbidity and mortality, violence and its

aftermath have become mainstream public health issues.13 Violent

crime puts a large number of Americans at risk of debilitating mental

health problems that can severely limit their ability to live productive,

emotionally healthy lives.Victims with a history of victimization suffer

more crime-related psychological trauma after experiencing a new

crime than do victims without prior victimization.14 Because of the

sheer number of Americans suffering from crime-related mental health

problems, their treatment is one of the most pressing issues facing the

mental health community today.

Crime-related psychological trauma impairs the ability and willingness of many victims to cooperate with the criminal or juvenile justice

system. At every key stage of the justice process—from contemplating

making a report to police to attending a parole hearing—interacting

with the system is stressful for victims and often exacerbates their

trauma. When victims do not report crimes to police out of fear or are

too terrified to testify, it is extremely difficult for the justice system to

accomplish its mission.

Crisis Reactions and Short-term Trauma

Most crime victims suffer crisis reactions after serious crimes. They

often experience shock and a sense of disbelief, thinking,“this can’t be

happening to me.” Many describe high levels of physiological anxiety

such as rapid heart rate and hyperventilation as well as emotional

reactions such as feeling helpless, terrified, and extremely angry. These

are common “flight or fight” responses that occur in dangerous

situations. They may be accompanied by disorientation, confusion,

shame, guilt, and grief.

Some victims survive the crime and the accompanying reactions with

few lingering effects. More continue to experience the reverberations

of crisis over the next few weeks or months. This is particularly true if

the crime has substantially disrupted their day-to-day lives.Victims of

violent crime may feel high levels of fear, anxiety, and general distress,

disrupting their ability to concentrate on simple mental activities. Some

222

Section 3: New Directions for Victim Service Providers and Allied Professionals
become preoccupied with the crime, worry constantly about their

safety and the safety of their family members, and become concerned

that other people will not believe them or will think that they are

responsible for what happened. Even more distressing for these

victims, especially those who are harmed by members of their family, is

that violent criminal acts destroy their belief that their world is safe and

that the people they live, work, and go to school with can be trusted.

Acute traumatic stress disorder is one description of short-term

trauma and reflects findings that indicate that for many people such

symptoms subside within a month after victimization.15 It is not

unusual for memories of the event to disrupt victims’ thoughts and

sleep. They may have recurrent nightmares, become irritable,suffer

outbursts of tears, feel estranged and isolated from loved ones, or be

wary of any sudden, intrusive sensation.

With the help of strong social support and pre-existing lifetime

coping skills, the intensity of traumatic reactions is likely to decrease

over time. But it is not unusual for reactions to continue until individuals feel that their lives have stabilized and that they have regained a

sense of safety and security in their world. Crisis reactions can also

reappear at later times in their lives when another event triggers their

memory of the original trauma.

Long-term Psychological Trauma

For some victims of violent crime and their families, psychological

trauma may last for months or years. Research demonstrating that violent

crime can produce long-term psychological harm has grown enormously

since the publication of the President's Task Force Report in 1982.

Many victims of and witnesses to violent, highly stressful events

develop symptoms that are referred to by the American Psychiatric

Association as post-traumatic stress disorder, or PTSD. For victims of

crime, these events may include sexual assault, physical attack,robbery,

mugging, kidnaping, child sexual assault, observing the serious injury

or death of another person due to violent assault, and learning about

the violent assault or death of a family member or close friend.16

Reactions to these events can be a destructive force in a person’s life

for a long time. They include:

• Persistent re-experiencing of the event, including distressing

recollections, flashbacks, and dreams, and emotional and physiological reactions to anything that triggers an association.

• Persistent avoidance of things associated with the traumatic event and

reduced ability to be close to other people and have loving feelings.

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Chapter 8: The Mental Health Community
• Persistent symptoms of increased arousal, including sleeping

disorders, outbursts of anger, an inability to concentrate on simple

tasks, wariness, and highly sensitive startle responses.

• Significant distress or impairment in social, occupational, or other

important areas of functioning.

While PTSD reactions generally have been acknowledged as common

among victims throughout the world, it should be emphasized that

cultural perceptions of threat and response to danger may affect how

people respond to violent crime.

Research has indicated that rates of PTSD are much higher among

those who have been victims of violent crime than among those who

have been victims of other types of traumatic events. One such study

found that the lifetime prevalence of PTSD was significantly higher

among crime victims than among victims of other traumatic events.

The same study found that crime victims who believed they would be

killed or seriously injured during the crime were much more likely to

develop PTSD than were victims whose crimes did not involve lifethreatening injury.

17 Rates of PTSD appear to be higher among victims

who report crimes to the criminal justice system than among

nonreporting victims.18 Importantly,research indicates that many crime

victims with PTSD cannot recover without treatment and that some

crime victims have PTSD for years after their victimization.19

Long-term crime-related psychological trauma is not limited to PTSD.

Compared to people with no history of criminal victimization, victims

of violent crime have significantly higher rates of major depression,

suicide thoughts and attempts, alcohol and drug abuse problems, and

anxiety disorders or dissociative disorders.While the complexities of

psychological trauma are not completely understood, the interrelationship between symptoms of PTSD and other mental health concerns is

reflected in the research surrounding Complex PTSD or the Diagnosis

of Extreme Stress Not Otherwise Specified (DESNOS).20 The symptoms

of PTSD are included in the description of this phenomenon but it also

includes symptoms relating to dissociation, anxiety, depression, and

suicide.Victims of chronic abuse and violence may be more likely to

exhibit these reactions than simple PTSD.

Counseling and Mental Health Interventions

The differences between immediate crisis reaction,short-term

trauma, and long-term trauma are the foundation of the major types of

interventions used by mental health providers when treating victims of

crime. The interventions are not mutually exclusive, and the need for

crisis intervenors, victim service providers, mental health professionals,

and other healers to work together is critical in many cases.

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Section 3: New Directions for Victim Service Providers and Allied Professionals
Crisis intervention refers to the immediate counseling response to

victims in the aftermath of a crime or traumatic event. The goals of

crisis intervention are to reassure victims of their immediate safety and

security, allow them an opportunity to express their reactions, assist

them in reducing their immediate emotional distress, and provide them

with information and assistance on what they can expect to happen

next in their lives.

Posttrauma counseling describes interventions that provide longer

term support to victims to help them better understand the psychological effects they are dealing with. Posttrauma counseling also helps

victims develop skills and social or spiritual support to begin to cope

with the victimization. The methods and tools mental health

providers use in posttrauma counseling include cognitive-behavioral

techniques, peer support groups,ritual and meditation, education, and

physical and mental activism.

Posttrauma therapy refers to psychological or psychiatric interventions that typically involve clinical sessions with a mental health professional. Mental health professionals are trained in trauma-related

reactions and may employ a number of therapeutic interventions.

Complex trauma therapy is still in its infancy stage.With new

information and research emerging on the impact of chronic victimization, multiple victimization, and victims who have coexisting mental

health problems, diagnosis, treatment, and interventions have become

increasingly complicated. However,research being conducted by the

Department of Defense-Health Services to identify the interrelationship

between individual coping capacities, ordinary stress, latent and acute

trauma reactions, and effective trauma treatment plans may create

opportunities in the future.

Cultural Competency in Mental Health Counseling

According to Erwin Parsons,“All ethnically focused clinical,sociological,

anthropological, and experimental studies converge to one central conclusion regarding ethnic America:Ethnic identification is an irreducible entity,

central to how persons organize experience, and to an understanding of

the unique ‘cultural prism’they use in perception and evaluation of

reality. Ethnicity is thus central to how the patient or client seeks

assistance (help-seeking behavior), what he or she defines as a ‘problem,’

what he or she understands as the causes of psychological difficulties, and

the unique,subjective experience of traumatic stress symptoms. Ethnicity

also shapes how the client views his or her symptoms, and the degree of

hopefulness or pessimism towards recovery. Ethnic identification,

additionally, determines the patient's attitudes toward his or her pain,

expectations of the treatment, and what the client perceives as the best

method of addressing the presenting difficulties.”21

The military has learned

the importance of applying

the principles of PIE -

proximity, immediacy and

expectancy to service

members who have

suffered from combat

stress. Now we are doing

our best to abide by the

same principles in assisting individuals who are

the victims of trauma

during peacetime. Today,

each individual command

military community is

setting up its own crisis

response capability.

Commander 

Michael P. Dinneen, 

Chairman, 

Department of Psychiatry, 

National Naval Medical Center

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Chapter 8: The Mental Health Community
Trauma, suffering, recovery, and healing are defined differently in

different cultures. Asian cultures, for example, emphasize character

building and purposeful and responsible behavior, rather than

gaining insight or reducing symptoms. Native cultures emphasize

restoring harmony among relations with the Great Spirit and Mother

Earth when someone is victimized or harmed. The individual in

these cultures does not strive for independent accomplishment,

selfhood, or personal fulfillment apart from being a part of a family,

clan, or community.

Many cultures do not isolate physical, emotional, and spiritual factors

in health and illness. Trauma affects the whole person. Cultures

therefore have different “idioms of distress.” Southeast Asian refugees,

for example, often complain about body dysfunction such as headaches

or chest pains when experiencing depression. Asians in general experience and report psychosomatic stress.

Many cultures, including American Indian,Asian, Pacific Islander, and

Latino cultures, depend upon shamans for healing. The concept of

shaman is at least 20,000 years old and encompasses the idea of priest

and healer. Shamanistic approaches are radically different from the

dominant beliefs of Western physicians and mental health practitioners. Indigenous holistic healing practices are not “alternative

approaches” but the traditional approaches of the majority of the

world's people. In a nation as pluralistic and multicultural as the United

States, it is crucial to recognize cultural differences in addressing the

needs of crime victims.

Emerging Mental Health Issues for 

Victims of Crime

A number of issues of importance to meeting the mental health

needs of crime victims have emerged over the past decade. These

issues either were not addressed by the President’s Task Force or have

become more salient in today’s society.

Repeat Victimization, Chronic Victimization, 

and the Cycle of Violence 

In 1982, there was little acknowledgment that many people are

victimized repeatedly during their lifetime, increasing their risk for

crime-related psychological trauma and complex mental health

problems. Studies show that a substantial number of crime victims

have been victimized more than once, and that a history of victimization is associated with risk of subsequent violent assault.22 Other

research suggests that the risk of developing PTSD and substance

abuse problems is higher among repeat victims of violent assault than

among those who have experienced only one violent assault.23

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Section 3: New Directions for Victim Service Providers and Allied Professionals
Evidence also suggests that a history of victimization in youth

increases their risk of involvement with delinquent peers and

delinquent behavior.

24 Moreover, the involvement of youth with

delinquent peers and substance abuse appears to increase their risk of

victimization.25 Another line of research has found that a history of

child abuse and neglect increases risk of delinquent behavior during

childhood and adolescence as well as the risk of being arrested for

violent crime as an adult.26

Chronic victimization as a result of domestic violence, child abuse,

or hostage taking also contributes to higher risks of mental health

problems.Victims of chronic violence present particularly complex

histories when they have not only been abused by loved ones or

intimates but also been victims of stranger crimes. They, too, may

present coexisting mental health problems, including problems

developed during an individual's attempt to survive and to cope with

the chronic violence.

The High Prevalence of Crime Perpetrated 

by Acquaintances

Since the release of the President’s Task Force report in 1982, it has

become increasingly clear that violent assault by a stranger is much less

common than assault by people known to the victim.Child abuse

victims,rape victims, physical assault victims, and homicide victims are

all more likely to be attacked by someone they know well than by

someone they do not.27 Being attacked by a family member,friend, or

acquaintance poses particular problems for victims in the criminal and

juvenile justice system and creates special issues for them in counseling.

Victimization of Children and Adolescents

The focus of the President's Task Force report was on the adult

crime victim. The extent to which America’s youth are disproportionately victims of violence was not fully appreciated.Violence is a major

problem for children and adolescents,28 and research shows that a

history of violent assault during childhood or adolescence increases

risk for a host of major mental health problems such as PTSD29 and

substance abuse.30 Treating violence-related mental health disorders in

young victims requires special expertise, and because young people

face unique problems in the criminal and juvenile justice systems,

therapists should understand their special needs.

Other issues should be considered when treating the mental health

needs of child victims. First, the complexity of problems child victims

face often means that treatment must extend beyond brief intervention. This is particularly true if the goals of treatment are to support

victims throughout the justice systems and child protective services

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Chapter 8: The Mental Health Community
process and to address prevention and other developmental issues.

Second, crime-related psychological trauma is likely to be exacerbated

at key developmental milestones in a child’s life, and child victims

require more treatment at those times. Third, although more research

is needed on this issue, it appears that victimized girls are more likely

than victimized boys to be victimized in the future, and victimized

boys appear to be more likely than victimized girls to become

physically aggressive. These important findings suggest the need for

slightly different treatment approaches for girls and boys.

Confidentiality of Communications Between Victims

and Their Counselors 

A provision of the 1994 Violence Against Women Act directed the

Attorney General to study and evaluate the manner in which states

have taken steps to protect the confidentiality of communications

between sexual assault or domestic violence victims and their

counselors. The Act also required the development of model legislation

that provides maximum protection within constitutional limits for the

confidentiality of such communications. In 1995, the director of the

Violence Against Women Office within the Department of Justice

wrote about the need for such protection in a report to Congress

entitled The Confidentiality of Communications Between Sexual

Assault or Domestic Violence Victims and their Counselors:31

A successful prosecution depends on the cooperation of the

crime victim.Yet in many cases of sexual assault and domestic

violence, a woman who has been attacked frequently finds

herself victimized a second time when her case goes to court.

This is particularly true when the victim receives counseling

from a domestic violence or rape crisis counselor who often is

not a licensed psychologist or psychotherapist, and lacks the

testimonial privilege afforded to other professionals such as

psychotherapists or psychologists in most states.

In far too many cases, defense attorneys subpoena counseling

records and call counselors as witnesses. The attorneys use

the records to shift the court’s focus from the crime to the

victim’s thoughts and comments regarding the emotionally

devastating incident. Often, victims face the threat that their

most intimate feelings will be disclosed in open court and

become a matter of public record.

Sexual assault and domestic violence victims must be able 

to communicate freely with their counselors,secure in the

knowledge that the private thoughts and feelings they 

reveal during counseling will not be publicized as a result 

of reporting the crime.

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Section 3: New Directions for Victim Service Providers and Allied Professionals
According to the report, as of December 1995, 27 states and the

District of Columbia had enacted statutes that protect, to differing

degrees, confidential communications that arise from the relationship between sexual assault and domestic violence victims and their

counselors. Some state statutes provide an absolute privilege in

which disclosure is not permitted under any circumstances. Others

provide a semi-absolute privilege in which disclosure is permitted

only under specified circumstances that serve the public interest.

Still others provide a qualified privilege in which disclosure is

permitted after certain requirements are met or balancing tests are

employed. State courts have reached different conclusions about the

constitutionality of statutes providing absolute or semi-absolute

privilege in these cases.

Federal legislation to protect the confidentiality of victim-counselor

communications has not been enacted, and the United States Supreme

Court has not addressed the issue of whether absolute testimonial

privilege is constitutional.32

Impact of Health Care Reform on Availability of

Mental Health Counseling for Crime Victims

Massive changes are occurring in health care financing and health

care delivery systems. These changes include reduced direct federal

and state funding for mental health services such as mental health

centers, increased managed care in the private sector, proposed

reductions in Medicaid reimbursement for health care services including mental health, and the formation of large health care networks that

emphasize primary care and de-emphasize specialty care. These

changes are generating enormous financial pressures to reduce costs,

which is most often accomplished by reducing services. This trend is

likely to continue.

Until comprehensive health care reform is achieved that specifically

includes coverage of mental health counseling for crime victims,the

availability of quality mental health services for crime victims is likely to

be reduced, putting more pressure on mental health counselors to seek

funding from crime victim compensation and other financial resources.

Recovered Memories

Much controversy has been generated about the extent to which

memories of abuse during childhood can be repressed,sometimes for

long periods, and later recovered.In a few cases,therapists have been

accused of falsely implanting repressed memories, which some refer to as

“false memory syndrome.”33 However, other professionals object to the

term,saying that there is no evidence to suggest that the syndrome exists.

This controversy has resulted in attacks on the legitimacy of certain types

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Chapter 8: The Mental Health Community
of therapy conducted with adults who disclose that they have been

physically or sexually abused as children. Some therapists whose adult

clients remembered having been assaulted as children during the course

of treatment have been sued by parents accused of assault.

Evidence of repressed memory exists outside the crime victims

field. For example,scientific data on memory repression during World

War II documented hundreds of cases of repressed memories in troops

returning from battle. In many of the cases, psychologists diagnosed

soldiers with what would now be classified as PTSD. The psychologists’ historic reports show that many of the soldiers could not

remember traumatic experiences that others in their platoon

described. Once they were able to recall the traumatic experiences,

their PTSD symptoms disappeared.34

Judith Herman, author of Trauma and Recovery, points out that

“people subjected to prolonged,repeated trauma develop an insidious,

progressive form of post-traumatic stress disorder that invades and

erodes the personality . . . . Through the practice of dissociation,

voluntary thought suppression, minimization, and sometimes outright

denial, they learn to alter an unbearable reality.” She goes further with

the concept of suppression, pointing out that clinicians who work

with severely traumatized patients often become suspect among their

colleagues.“Regression, dissociation, and denial,” she writes,“are

phenomena of social as well as individual consciousness.”35

A survey about child abuse was sent to 500 American Psychological

Association members and practitioner-oriented divisions; 330 members

(56 percent women) returned the questionnaire. Childhood abuse

(sexual or nonsexual) was reported by 22 percent of the sample and

41 percent of those reported a period of “forgetting.” Overall, 47

percent of the participants who had experienced “forgetting” were able

to corroborate the abuse. Those who recovered their memories in

therapy were just as likely as those whose memories were triggered

outside of therapy to be able to corroborate their abuse.36

The courts have varied reactions to repressed memory. In three

high-profile cases decided in 1997, one court found the theory of

repressed memory to be validated and generally accepted by recent

scientists. But in the other two cases, the courts expressed reservations

given the state of scientific knowledge and controversy in the area.37

Promising Practices in Crime-Related 

Mental Health 

Innovative programs have been developed that provide excellent

mental health services to victims with crime-related psychological

trauma. Crime victims involved with the criminal and juvenile justice

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Section 3: New Directions for Victim Service Providers and Allied Professionals
systems face special problems, and effective mental health programs

for them must do more than just provide counseling services. Most of

the programs discussed in this section use a multidisciplinary approach

to ensure that victims are informed about how the system works and

are prepared to deal with the stress of participating in the system.

These programs work closely with crime victim compensation

programs and victim assistance agencies to help victims access other

services, and they make a special effort to ensure that mental health

professionals serve victims as advocates, helping them get the information and assistance they need.

Several programs include an educational component in which

student mental health professionals receive specialized training in how

to provide effective mental health treatment to crime victims. This

training is important because of the shortage of mental health professionals with specific expertise in assessment and treatment of crimerelated psychological trauma. By providing training to student mental

health professionals and continuing education to practicing clinicians,

these programs are increasing the cadre of mental health professionals

who can provide competent care to crime victims.

A final attribute of these programs is that most have a 

research component. Research is important because it provides 

new knowledge about the scope of violent crime, the nature of

crime's impact on mental health, and the effectiveness of mental

health interventions.

• The National Crime Victims Research and Treatment Center (NCVC)

at the Medical University of South Carolina in Charleston, South

Carolina, provides specialized mental health services for crime

victims of all ages and their families. NCVC trains mental health

professionals about effective mental health treatment for crime

victims and works closely with local police agencies, prosecutor's

offices,rape crisis centers and battered women’s shelters, the state

crime victim's assistance network, and the state crime victims

compensation agency. NCVC staff identify physically injured crime

victims hospitalized in the medical center and provide them with

information about the criminal justice system, typical psychological

trauma experienced by crime victims, crisis counseling, and referrals

for outpatient treatment. NCVC also conducts research on the scope

and mental health impact of violent crime.

• Among the comprehensive array of programs developed by Victim

Services in New York City are several mental health services. Its

licensed mental health center provides goal-focused individual

counseling and trauma reduction and supportive group services for

victims of violent crime, including domestic violence,sexual

assault, incest, and robbery, as well as homicide survivors. At

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Chapter 8: The Mental Health Community
precincts and in courts and community offices, the agency offers

crisis intervention and stress education and management services

to victims shortly after the crime is committed. Counseling is also

available in schools and shelters for children who witness crimes,

including domestic violence, and a crisis response team has been

established to respond to victims of natural and community

disasters. At one of the agency’s nine community offices, the

counseling services are provided by social work students and other

mental health professionals who work for free in exchange for the

opportunity to train with victims. At all sites and in every setting

where mental health services are offered,staff are available to

address the practical needs of victims by, for example, helping

them navigate the court system, obtain crime victim compensation,

arrange for child care, or repair or replace locks.

• The Harborview Sexual Assault Treatment Center in Seattle,

Washington, one of the oldest treatment and research programs in

the nation, has been a national leader in developing comprehensive

mental health services for sexually abused children and adults. The

program has improved the quality of mental health services for

victims of sexual assault through training to physicians and mental

health professionals.

• The Rape Treatment Center (RTC) at Santa Monica-UCLA Medical

Center provides comprehensive services for sexual assault victims

24 hours a day, 7 days a week. In the 1970s, RTC pioneered a model

for victim care that integrated psychological interventions into the

emergency medical care process. This model was disseminated

throughout the United States via a training film produced by the

National Institute of Mental Health. RTC also offers long-term

counseling for victims and their significant others, as well as

advocacy, accompaniment, information and referrals, and other

support services. To enhance the treatment of victims wherever

they turn for help, RTC provides professional training for medical,

mental health, law enforcement, criminal justice, judiciary, and

school personnel, including a course on victim issues for every new

recruit at the Los Angeles Police Department Training Academy.

Stuart House, RTC’s facility for child victims, enhances collaboration

with other victim service providers. The facility has an onsite

multidisciplinary team, including police, prosecutors, and child

protection personnel, who investigate abuse allegations and

minimize “system” trauma to child victims. Stuart House also

provides comprehensive treatment services and expert pediatric

forensic examinations.

• The Crime Victim Recovery Project at the University of Missouri at St.

Louis works closely with police and victim assistance agencies to

address crime-related psychological trauma. Through the program,

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Section 3: New Directions for Victim Service Providers and Allied Professionals
crime victims are provided with state-of-the-art cognitive-behavioral

treatment. Similar to NCVC and the Harborview Center,the program

operates specialized training programs for mental health professionals.

• In New Haven, Connecticut, the Child Study Center at the Yale

University School of Medicine and the New Haven Department of

Police Services have developed a collaborative program to address

the psychological impact on children and families of chronic

exposure to community violence. The Child DevelopmentCommunity Policing program brings together mental health professionals and police officers to intervene with children who are

victims, witnesses, or perpetrators of violence. The program also

emphasizes cross-training by police and mental health professionals.

• The National Organization for Victim Assistance (NOVA) has trained

mental health providers all over the country as part of their crisis

response training. NOVA’s crisis response teams include trained

mental health providers who work together with law enforcement,

medical professionals, victim advocates,religious leaders, and others

to provide assistance to communities in the aftermath of major

crimes and acts of terrorism.

Victim Support Groups

Many victims who have participated in victim support groups have

found that interaction is an important part of their healing process, as

the voices of four support group members indicate:

I don’t know what I would have done without them. . . . I was

in the pits of depression for weeks . . .[and] thought seriously

of suicide. They literally saved my life.

You can only pretend so long. . . .You act as if you can deal

with it when you really can’t. . . . They were there when I

needed them. . . . They made me feel the reality of it.

It’s a wonderful experience to be around those you know can

truly understand how you feel because they feel the same.

It seemed as though no one could really understand what was

happening to me until I became involved with the group. . .

They know because they’ve been through it.

Support groups for all types of victims have emerged during the past

15 years. Sometimes these groups are facilitated by trained mental

health professionals; other groups are led by crime victims themselves.

Many victims say that participation in victim support groups was a

significant factor in their healing process.

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Chapter 8: The Mental Health Community
Parents of Murdered Children (POMC) and Mothers Against Drunk

Driving (MADD) have hundreds of chapters throughout the country,

and many of them offer victim support groups. In a survey of nearly

300 MADD members whose loved ones were killed or seriously injured

in a drunk driving crash, the survivors said that support groups aided

their emotional recovery by providing a setting to share their feelings,

keep the memory of their loved one alive, and exchange vital information about assistance and compensation programs with others who

were experiencing similar trauma.38

Victim Activism

Taking part in efforts to make their communities and nation safer

and more just may also help victims recover from the emotional

trauma of violent crime.Victims of crime have found many ways to

become active in the aftermath of crime. On the community,state,

and national levels, victims are working to change the justice system

and raise public awareness about the consequences of crime and

violence. For many victims who have fought to enact the thousands

of victims’ rights laws, the opportunity to stand up for the rights of

other victims of crime has helped them overcome feelings of

helplessness. By participating in Neighborhood Watch and sexual

assault prevention programs, warning parents and their children

about the dangers of drunk driving, or helping to educate children

and incarcerated offenders about the impact of crime through participation in victim impact panels, victims feel a sense of greater

control. Their actions help to ensure that what happened to them

will be less likely to happen to others.

Recommendations from the Field for the

Mental Health Community 

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #1

The mental health community should

develop linkages with crime victim

compensation, victim assistance

programs, and criminal and juvenile

justice agencies to ensure that victims

have access to adequate counseling or

mental health treatment at each stage of

the justice process, from the time the

crime occurs through incarceration,

pardon, parole, and appeals. Federal

and state laws should be amended to

ensure that government covers mental

Since this has happened

to me I feel a very strong

need to help and fight for

others. This is not a

passing fling. I feel very

strong about these issues

and I will continue to

strive for them.

A victim of crime

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Section 3: New Directions for Victim Service Providers and Allied Professionals
health counseling costs for crime victims

throughout the criminal justice process

and beyond in cases of long-term

psychological trauma.

The President’s Task Force identified key stages of the criminal

justice process but did not specifically address crime victim’s needs for

counseling at each stage of the process. An offender’s parole,

probation, and release can be as stressful for victims as the trial itself,

and many jurisdictions have overlooked counseling services during

these traumatic periods.

The Victims of Crime Act should be amended to clarify that

compensation and assistance programs can be used to fund mental

health counseling for crime victims at all key stages of the criminal

justice process. States should ensure that victims are able to receive

services or reimbursements from state compensation programs to

cover counseling costs related to their participation in the criminal

and juvenile justice process.Victims may need to re-enter counseling

many months or even years after the crime to help them deal with the

sentencing or release of an offender.

Model programs provide excellent examples of how mental health

professionals can work closely with justice system and victim

assistance agencies. Information about these programs should be

widely disseminated with descriptions of how they are organized

and staffed, the services they provide, how they are financed, and

how they have addressed the practical issues of interacting with the

criminal justice system and victim assistance agencies. Exchange

programs should be established to encourage mental health

providers to visit model programs and observe how they work.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #2

Legislation should be enacted in every

state and at the federal level to ensure

that designated victim counseling is

legally privileged. 

Crime victims are much less likely to be candid with their counselor

or seek counseling at all if they know that anything they confide is

discoverable by defense attorneys.Without candid discussion, good

therapy for victims is difficult, if not impossible.

The 1995 Report to Congress of the Violence Against Women Office

offers two model statutes that present alternative privileges in recogni235

Chapter 8: The Mental Health Community
tion of the differences in state constitutions, case law, and statutes.

Governors,state legislatures, and Congress should give serious consideration to these model statutes and adopt appropriate legislation.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #3

Research on the mental health

consequences of victimization and

treatment of crime-related psychological

disorders should be expanded. 

Although a great deal is known today about the psychological impact

of crime victimization, more research is needed. To provide valuable

data on an important consequence of criminal victimization,the

National Crime Victimization Survey should be modified to include brief

measures of psychological trauma that individuals suffer in response to

violent crime. This information will help victim service providers,

mental health practitioners, and justice officials better understand and

meet the many needs of victims caused directly by trauma.

Considerably more is known about effective mental health treatment of

adults than about what works with child victims and their families.More

research is needed to give therapists a solid foundation of knowledge

about which techniques are most effective with child victims and

witnesses. Leading child abuse experts David Finkelhor and Lucy Berliner

have strongly recommended that further studies be conducted to establish

clearly the efficacy of treatment for sexually abused children and to learn

more about the optimal length of treatment,the problem of treatment

dropouts, and other important treatment-related issues that have not been

researched sufficiently.

39 (For more discussion of this topic,see chapter 5.) 

In addition, more research is needed regarding effective treatment

methods for children who witness violence. A recent study found that

43 percent of male adolescents and 35 percent of female adolescents

had witnessed some form of violence firsthand, and that 15 percent of

youth who had witnessed violence developed PTSD, compared to 3.3

percent of surveyed youths who had not.40 In the 1997 report, Family

Violence in America—Breaking the Cycle for Children Who Witness,

the International Association of Chiefs of Police (IACP) points to

numerous studies indicating the alarming number of children who

witness violence in their homes and in the larger community. In one

recent study, 40 percent of students in the 6th, 8th, and 10th grades in

low-income areas of New Haven, Connecticut,reported witnessing at

least one violent crime in the previous year.

41 Nearly one-third of

students in the 5th and 6th grades from low-income areas of

Washington, D.C.reported having witnessed a shooting, while 17

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Section 3: New Directions for Victim Service Providers and Allied Professionals
percent reported having witnessed a murder.

42 The IACP report also

reported that more than 3 million children in the United States each

year are at risk of witnessing domestic violence in their homes.43

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #4

Initial and continuing education programs

for mental health professionals should

include education on the crisis, short-, and

long-term trauma issues arising from

victimization and appropriate mental

health treatment for crime victims and

their families, including counseling options

available to them. Training also should

include information regarding the cultural

diversity of victims, stressing the

importance of responding with sensitivity

to ethnic and cultural differences. 

Addressing educational needs was one of the key recommendations of

the 1982 Task Force for mental health professionals. Although some

progress has occurred in the past 15 years,there is still a need for

education in two critical areas:(1) academic curricula to educate student

mental health professionals in psychology,social work,psychiatry,nursing,

and counseling in appropriate mental health treatment for crime victims

and their families, and (2) inservice continuing education for practicing

mental health professionals about effective treatment for crime victims.

Counseling and other kinds of physical, emotional, and spiritual

support interventions should be available to meet the specific needs of

individual victims.Victims should be given options for counseling, including support groups,traditional healing,supportive or trauma counseling,

and mental health therapy, depending on their needs and desires. Mental

health professionals should also be identified who have proficiencies in

dealing with the special issues of repeat victimization, chronic victimization, and coexisting mental health problems. Mental health professionals

need to be encouraged to make their services available to victim service

providers in emergencies as well as during standard office hours.

Training programs should include information that will help practitioners work more effectively with culturally and ethnically diverse

populations. Research studies,treatment programs, and professional

education on the impact of crime on victims should address the various

ways cultures respond to trauma, including mental health intervention

and counseling, healing and purification rituals,shamanistic and holistic

practices, and indigenous and transcultural approaches.

Property damage and

physical injury are

readily apparent, easily

understood consequences

of violent crime. The

psychological wounds

sustained by victims of

crime, and the best means

of treating such injuries,

are less well understood.

If this severe suffering is to

be relieved, mental health

professionals must lead

the way.

1982 Final Report of the

Presidential Task Force on

Victims of Crime

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Chapter 8: The Mental Health Community
Mental health providers should be aware that techniques other

than traditional Western methods are being utilized in the counseling of crime victims. One such technique is Morita Therapy, an

Eastern psychotherapy that has been used in the United States for

the past 30 years to assist crime victims. The Victim Services Unit of

the Waco,Texas, Police Department trains its crisis intervention

teams in Morita methods, and domestic violence counselors and

shelter staff in Georgia, sexual assault therapists in Florida, and child

abuse workers in Texas are using Morita to better understand and

respond to victim trauma.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #5

Interventions and counseling services should

be developed for victims with multiple

mental health problems. Special attention

should be given to individuals suffering

from repeat or chronic victimization and

individuals with limited access to financial,

social service, and health care resources.

New knowledge about repeat victimization, chronic victimization,

and the cycle of violence has several implications for providing

appropriate mental health counseling for crime victims. One implication is that mental health professionals should include crime prevention and substance abuse prevention in their work with victims to

decrease the risk that new victimization or substance abuse problems

will occur. A second implication is that mental health professionals

should not assume that the crime they are treating is the only one

the victim has experienced. To be sure that a victim is being treated

appropriately, mental health providers must construct a careful

crime victimization history. A third implication is that providing

effective mental health counseling to victims may well be an

effective way to reduce the risk of future victimization, substance

abuse, delinquency, and violent behavior.

Victims with multiple mental health problems pose particular

challenges for the criminal justice, juvenile justice, mental health

care, and health care communities. Because these victims often have

few resources and are difficult to treat, they tend to fall between the

cracks. Brief mental health treatment can help them with their shortterm crime-related problems, but these victims require comprehensive interventions to help them achieve long-term recovery. More

programs should be established that offer coordinated, intensive,

multiagency services that include case management as well as 

mental health treatment.

238

Section 3: New Directions for Victim Service Providers and Allied Professionals
MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #6

Greater emphasis should be placed 

on mental health treatment for child

victims and witnesses, including 

preventive interventions that focus on

reducing the risk of subsequent mental

health problems, antisocial and 

violent behavior, substance abuse, 

and revictimization.

Victimization increases children’s risk of a host of mental health

problems including anxiety disorders, major depression, antisocial

behavior,substance abuse, and violent behavior. It also increases their

risk of revictimization. Mental health professionals who work in schools

or with children should be trained about the impact of victimization

and effective treatment approaches.

Treating the mental health needs of child victims requires mental

health professionals taking their unique situation into consideration.

Child victimization cases often involve protective services in addition

to the criminal or juvenile justice system. Counselors must

understand these systems well and be able to interact with them in

the child’s best interests.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #7

Insurance companies and managed health

care companies should provide coverage

for targeted mental health treatment for

crime victims.

Insurance companies and managed health care companies need to

understand the benefits of specialized mental health treatment for

crime victims and should provide special coverage for such treatment.

Cognitive behavioral procedures and other therapies have been successful in treating victims with crime-related psychological trauma. These

treatment methods should be recognized by service providers in the

mental health, victim assistance, crime victim compensation, and

criminal justice communities.

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Chapter 8: The Mental Health Community
MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #8

Mental health providers should recognize

the healing benefits that participation in

support groups can provide for many

crime victims and provide referrals to

these programs when appropriate. 

In reconstructing their lives in the aftermath of victimization, many

victims join support groups composed of individuals who have

experienced a similar trauma. Support groups provide a mutually

supportive atmosphere for victims to discuss their feelings. By 

talking with others, victims work to overcome their feelings of low

self-esteem, isolation, powerlessness, fear, and anger. They also

demonstrate to each other that they are neither abnormal nor 

guilty for the crime.

There are many outstanding victim support and activism programs

across the nation, including those offered by such respected organizations as Parents of Murdered Children, Mothers Against Drunk Driving,

and the Stephanie Roper Committee. Domestic violence shelters,rape

crisis programs, and child abuse treatment programs also offer support

groups, as do Parents Anonymous and Parents United, who offer

support for families who want to break the cycle of abuse.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #9

Mental health providers should help

victims of crime become involved in

community service programs when this

type of work can assist in the victim’s

healing process. 

For many victims of crime, community activism plays a major role in

facilitating their healing. Studies have shown that community involvement by victims not only provides important opportunities to educate

school children as well as criminal justice and allied professionals, but

also helps many victims to heal. It should be noted, however, that

activism is not useful for every victim. Opportunities for community

service include working in schools to help decrease victimization,

assisting other victims by supporting self-help groups, advocating for

reforms in public policy, and speaking on victim impact panels to

educate others about crime’s impact on individual lives.

The Mothers Against Drunk Driving Victim Impact Panel Program,

for example, was designed to encourage victims of drunk driving

We need to come up 

with another name 

that does not carry the

negativeness of the 

term ‘victim.’ What about

all of us who now feel

empowered and consider

ourselves survivors?

A survivor of domestic violence

240

Section 3: New Directions for Victim Service Providers and Allied Professionals
crashes to tell offenders about the devastating physical and emotional

injuries their actions have inflicted. A formal research evaluation of

this program funded by the National Institute of Mental Health

(NIMH) showed that participation has reduced victims’ psychological

trauma and improved their well-being. Further research is needed to

determine which aspects of the program are most beneficial to

healing: giving victims the ability to share their stories with others,

giving victims the opportunity to share their stories with an audience

they feel needs to hear it, or both.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #10

Mental health professionals should assist

in identifying secondary victims of crime

and ensure that they receive appropriate

counseling and mental health services. 

Many people dramatically affected by crime are overlooked.

Sometimes referred to as “secondary victims of crime,” they include

individuals in the background of traumatic events such as police

officers and firefighters and classmates of children who have been

kidnaped or murdered.

A recent example of secondary victims were the more than 12,000

rescue workers and volunteers who responded to the bombing of the

Alfred P. Murrah Federal Building in Oklahoma City, 85 of whom were

injured and one of whom died. Two-thirds reported handling bodies or

body parts; one-third felt that they were in much or extreme danger;

and one-half spent 10 days working in the carnage, the majority of that

time directly at the bomb site. The mental health community estimated

that as many as 20 percent of the rescuers would eventually need

mental health care. Indeed, one police officer who responded to the

bombing committed suicide on the first anniversary of the tragedy.

Moreover, much of the Oklahoma City community suffered as

secondary victims. An estimated 387,000 people knew someone who

was killed or injured, and 190,000 people attended funerals. A survey

projected that 60,000 people were at risk for developing mental health

problems and 15,000 more were at high risk.

Public education is lacking about the impact of crime on secondary

victims. As a result, many secondary victims do not seek assistance for

their serious psychological problems. The mental health community

should help to provide crucial education about the needs of secondary

crime victims and establish programs to help them heal.

Through activism, many

crime victims become less

isolated and begin to

reconnect with others,

which is an important

stage in their own healing

from trauma. Speaking

out is a tool for empowerment for victims and their

communities.

Lucy N. Friedman, 

Executive Director, 

Victim Services, 

New York, New York

241

Chapter 8: The Mental Health Community
MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #11

Mental health professionals should work

with multidisciplinary teams of other

trained crisis interveners, including victim

service providers, law enforcement

officers, emergency medical responders,

and clergy, to respond to violent incidents 

and help communities prepare crisis

response protocols. 

Mental health professionals have unique skills and training that

enable them to play a leadership role in helping to prepare communities to respond to incidents of mass violence. They should use this

training to help schools and other institutions and businesses to prepare

action plans for responding to victims in the aftermath of a major

criminal incident. The importance of establishing a crisis response

capability is highlighted in several other sections of this report.

MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #12

Reciprocal referral systems should 

be established among victim service

providers, crisis intervenors, counselors,

mental health professionals, and 

justice practitioners.

Victims often find it useful to have access to different types of

assistance in their efforts to reconstruct their lives. Supportive counseling may be helpful, but victims may also need therapeutic intervention.

Victim service providers should work with mental health professionals

to identify professionals who are trained, available, and willing to

provide therapy to victims. Mental health professionals may find that

some victims respond to therapy but would also benefit from support

groups or additional crisis intervention at critical points in the criminal

justice process. Mental health professionals should work with victim

service providers and others to identify what programs and services

are available to meet the needs of victims. Communities and the justice

system should establish referral systems with protocols and procedures

and keep them updated on a continuing basis.

There are thousands of

trained crisis interveners

with a wide range of

backgrounds. They

include mental health

professionals, victim

service providers, law

enforcement officers,

emergency medical

responders, and clergy.

These trained individuals

should work collaboratively to respond to crises.

242

Section 3: New Directions for Victim Service Providers and Allied Professionals
MENTAL HEALTH COMMUNITY RECOMMENDATION FROM THE FIELD #13

Community mental health centers should

participate in communitywide networks of

victim services and crisis response

planning, protocols, and services.

Many community mental health centers are designed to primarily

assist clients with chronic mental health and substance abuse

problems. However, many centers also maintain crisis hotlines and may

be a natural point of contact for crisis response efforts in times of

emergencies. Community mental health centers can also be a valuable

source of referral information for victims with trauma issues and

coexisting mental health problems.

243

Chapter 8: The Mental Health Community

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Davis, R.C. and L.N. Friedman,“The Emotional Aftermath of Crime and Violence,” in, Trauma and its Wake: the

Study and Treatment of Post-traumatic Stress Disorder ed. C.R. Figley, New York: Brunner/Mazel, 1985:90-112.

2 Lurigio,A.J. and P.A. Resick,“Healing the Psychological Wounds of Criminal Victimization: Predicting Postcrime

Distress and Recovery,” in Victims of Crime: Problems, Policies, and Programs, eds,A. Lurigio,W. Skogan,Vol. 25,

1990:50-67; Riggs, D.S. and Kilpatrick, D.G.,“Families and Friends: Indirect Victimization by Crime,”in A.J. Lurigio,

W.G. Skogan, and R.C. Davis, eds., Victims of Crime: Problems, Policies, and Programs, Newbury Park, CA: Sage,

1990:120-138.

3 Davis, R., B. Taylor, and S. Bench, The Impact of Sexual and Non-Sexual Assault on Secondary Victims, New

York:Victim Services, 1994.

4 Ochberg, F., M., ed., Post-Trauma Therapy and Victims of Violence, New York: Brunner/Mazel, 1988.

5 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: U.S. Government Printing Office,

December 1982.

6 American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Washington, DC:

American Psychiatric Association, 3rd ed.,1980.

7 American Psychological Association, Final Report of the APA Task Force on the Victims of Crime and Violence,

American Psychological Association, November, 1994.

8 American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Washington, DC:

American Psychiatric Association, 4th ed., 1994.

9 Herman, J. L., Trauma and Recovery, 1992.

10 Figley, Trauma and its Wake, 1985.

11 The Society for Traumatic Stress Studies,Initial Report of the Presidential Task Force on Curriculum,

Education and Training, Washington, D.C.:1989.

12 Pennsylvania Coalition Against Rape, Victim Empowerment: Bridging the Systems - Mental Health and Victim

Services, Washington, D.C.: Office for Victims of Crime, U.S. Department of Justice, 1996.

13 Mercy, J.A., M.L. Rosenberg,K.E. Powell, C.V. Broome, and W.L. Roper,“Public Health Policy for Preventing

Violence,” Health Affairs, Vol.12 No.4, 1993:7-29; Rosenberg, M.L., and J.A. Mercy, eds.,“Assaultive Violence,”

Violence in America, Vol. 2, 1991:12-50.

14 National Victim Assistance Academy,National Victim Assistance Academy Text, Alexandria,VA, 1997:Chapter 10, 9.

15 American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders,4th ed.

16 Id.

17 Resnick, H.S., D.G. Kilpatrick, B.S. Dansky, B.E. Saunders, and C.L. Best,“Prevalence of Civilian Trauma and PTSD

in a Representative National Sample of Women,” Journal of Clinical & Consulting Psychology, Vol.61, 1993:6.

18 Kilpatrick, D.G. and H.S. Resnick, The Importance of Being Epidemiological: Implications for Study of Raperelated PTSD Etiology, Paper presented at the 25th annual meeting of the Association for the Advancement of

Behavior Therapy, New York: November 1991; Freedy, J.R., H.S. Resnick, D.G. Kilpatrick, B.S. Dansky, and R.P.

Tidwell,“The Psychological Adjustment of Recent Crime Victims in the Criminal Justice System,”Journal of

Interpersonal Violence, Vol.9 No.4, 1994:450-468.

244

Section 3: New Directions for Victim Service Providers and Allied Professionals
19 Kilpatrick, D.G., and R.K. Otto,“Constitutionally Guaranteed Participation in Criminal Proceedings for Victims:

Potential Effects on Psychological Functioning,” Wayne State Law Review, Vol.34 No.1, 1987:7-28; Resnick,

“Prevalence of Civilian Trauma and PTSD in a Representative National Sample of Women.”

20 Herman, Trauma and Recovery.

21 Parsons, E.,“Ethnicity and Traumatic Stress: the Intersecting Point in Psychotherapy,” in, Trauma and its Wake:

the Study and Treatment of Post-traumatic Stress Disorder, C. Figley, ed., 314-37.

22 D.G.Kilpatrick, et al., Rape, Other Violence Against Women, and Posttraumatic Stress Disorder: Critical Issues

in Assessing the Adversity-Stress-Psychopathology Relationship, in Adversity, Stress, & Psychopathology, B.P.

Dohrenwend,American Psychiatric Press, forthcoming; Resnick, Prevalence of Civilian Trauma and PTSD in a

Representative National Sample of Women, Kilpatrick, D.G., C.N. Edmunds, and A.K. Seymour, Rape in

America: A Report to the Nation, National Victim Center & Medical University of South Carolina, 1992; Reiss,

A.J., and J.A. Roth,“Understanding and Preventing Violence,” National Academy Press, 1993;Wyatt, G.E et. al.,

“Differential Effects of Women’s Child Sexual Abuse and Subsequent Revictimization,”Journal of Consulting

and Clinical Psychology,Vol. 60, 1992:167-173.

23 Breslau, N., et. al., Epidemiologic Findings on PTSD and Comorbid Disorders in the General Population,

forthcoming;Kilpatrick, D.G., et. al., Violent Assault and Alcohol Dependence Among Women:Results of a

Longitudinal Study, Research Society on Alcoholism, June 1994:433,Abstract No. 80.

24 Ageton, S.S., Sexual Assault Among Adolescents, Lexington Books, 1983; Dembo, R.,“A Structural Model

Examining the Relationship Between Physical Child Abuse, Sexual Victimization, and Marijuana/Hashish Use in

Delinquent Youth:A Longitudinal Study,”Violence and Victims, Vol. 7, 1992:41-62 ; Straus, M.A.,“Family Violence

and Non-family Crime and Violence,” in Crime and the Family, eds.,A.J. Lincoln and M.A. Straus,Thomas:1984;

Widom, C.S.,“The Cycle of Violence,” Science, Vol. 244, 1989:160-166;Widom, C.S., The Cycle of Violence,

Research in Brief,Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 1992, NCJ 136607.

25 Ageton, Sexual Assault Among Adolescents; Kilpatrick, Violent Assault and Alcohol Dependence Among

Women: Results of a Longitudinal Study; Cottler, L.B. et. al.,“Posttraumatic Stress Disorder Among Substance

Users From the General Public,” Journal of Consulting and Clinical Psychology,Vol.56, 1992:843-850.

26 Widom, The Cycle of Violence; Widom, C.S, Family Violence Across the Life Cycle, Paper presented at the

proceedings of the American Medical Association’s National Conference on Family Violence, Health and 

Justice, 1994.

27 Finklehor, D., and J. Dziuba-Leatherman,“Victimization of Children,”American Psychologist, Vol.49, No. 3,

1994:173-183 (child abuse victims); Siegel, J.M., et. al., “The Prevalence of Child Sexual Assault:The Los Angeles

Epidemiologic Catchment Area Project,”American Journal of Epidemiology, Vol. 126 No. 6, 1987:1141-1153

(child abuse victims);Kilpatrick, Rape in America:A Report to the Nation, (rape victims);Koss, M.P. et. al.,“The

Scope of Rape: Incidence and Prevalence of Sexual Aggression and Victimization in a National Sample of Higher

Education Students,” Journal of Consulting and Clinical Psychology, Vol. 55, 1987 162-170,(rape victims);

Kellerman,A.L. and J.A. Mercy,“Men Women and Murder: Gender Specific Differences in Rates of Fatal Violence

and Victimization,” Journal of Trauma, Vol. 33, 1992:1-5,(homicide victims);Amick-McMullan,A.,“Homicide as a

Risk Factor for PTSD Among Surviving Family Members,”Behavior Modification, Vol.15 No.4, 1991:545-559

(homicide victims).

28 Finklehor, Victimization of Children; Kilpatrick, Rape in America:A Report to the Nation; Bastian, L.D. and

B.M. Taylor, School Crime:A National Crime Victimization Survey Report, Washington, D.C.: U.S. Department

of Justice, 1991, NCJ-131645; Finkelhor, D. et. al.,“Sexual Abuse in a National Survey of Adult Men and Women:

Prevalence, Characteristics, and Risk Factors,”Child Abuse Neglect, Vol.14, 1990:19-28; Gelles, R.J. and M.A.

Straus,“Is Violence Toward Children Increasing?: A Comparison of 1975 and 1985 National Survey Rates,”

Journal of Interpersonal Violence,Vol. 9 No.4, 1994:450-468; McCurdy, K. and D. Daro, Current Trends in Child

245

Chapter 8: The Mental Health Community
Abuse Reporting and Fatalities: The Results of the 1992 Annual Fifty State Survey, National Committee for

Prevention of Child Abuse, 1993; Saunders, B.E. et. al.,“Child Sexual Assault as a Risk Factor for Mental Disorders

Among Women:A Community Survey,” Journal of Interpersonal Violence, Vol.7, 1992:189-204; Burnam, M.A., et.

al.,“Sexual Assault and Mental Disorders in a Community Population,” Journal of Consulting and Clinical

Psychology, Vol. 6, 1988:843-850;Whitaker C.J. and L.D. Bastian, Teenage Victims: A National Crime Survey

Report, Washington, D.C.: U.S. Department of Justice, 1991.

29 Browne,A., and D. Finkelhor,“Impact of Child Sexual Abuse: A Review of the Research,” Psychological Bulletin,

Vol. 99, 1986:66-77; Burnam, Sexual Assault and Mental Disorders in a Community Population; Saunders, et.

al., Child Sexual Assault as a Risk Factor for Mental Disorders Among Women:A Community Survey; Jaffe,

P.G., et. al., Children of Battered Women, Sage Publishing, 1990; Lanktree, C.B., et. al.,“Incidence and Impact of

Sexual Abuse in a Child Outpatient Sample:The Role of Direct Inquiry,”Child Abuse and Neglect, Vol.15,

1991:447-453.

30 Ageton, Sexual Assault Among Adolescents; Burnam, Sexual Assault and Mental Disorders in a Community

Population; R.J. Gelles & M.A. Straus,“The Medical and Psychological Cost of Family Violence,” in Physical

Violence in American Families: Risk Factors and Adaptations to Violence in 8,145 Families, M.A. Straus &

R.J. Gelles,Transaction, 1990:425-430; Saunders, B.E., et. al., Prevalence, Case Characteristics, and Long Term

Psychological Effects of Child Sexual Assault:A National Survey, Presented at the annual meeting of the

American Orthopsychiatric Association in Toronto, Ontario, March 1991; Stein, J.A. et. al.,“Long-term

Psychological Sequelae of Child Sexual Abuse:The Los Angeles Epidemiologic Catchment Area Study,” in Lasting

Effects of Child Sexual Abuse, G.E.Wyatt & G.J. Powell, Sage Publications, 1988:135-154;Kilpatrick, Rape in

America: A Report to the Nation.

31 The Confidentiality of Communications Between Sexual Assault or Domestic Violence Victims and 

Their Counselors, Report to Congress,Washington, D.C.: U.S. Department of Justice,Violence Against 

Women Office, 1995.

32 Id. at 3-5.

33 Williams, L.M.,“Recall of Childhood Trauma:A Perspective Study of Women’s Memories of Child Sexual Abuse,”

Journal of Consulting and Clinical Psychology, Vol. 62 No.6, 1994:1167-1176.

34 American Psychological Association, Professional Psychology: Research and Practice, American Psychological

Association,Vol.28 No.4, 1997:338-340.

35 Herman, J., Trauma and Recovery, New York: Basic Books, 1992: 9, 86-87.

36 Feldman-Summers, S.,“The Experience of ‘Forgetting’ Childhood Abuse: A National Survey of Psychologists,”

Journal of Consulting and Clinical Psychology, 1994: 62, 636-639

37 See Shahzade v. Gregory (Civil Action No. 92-2139-EFH),U.S. District Court for Massachusetts, May 8, 1997; S.V. v.

R.V.(Civil Action No. 94-0856),Texas Supreme Court, March 14, 1997; Borawick v. Shay, U.S. Court of Appeals for

the Second Circuit (68 F.3d. 597, 1995. Decision affirmed by the U.S. Supreme Court, May 28, 1997.)

38 Lord, J.H.,“Survivor Grief Following a Drunk Driving Crash,” Death Studies, 11, 413-435.

39 Finkelhor, D. and Berliner, L,“Research on the Treatment of Sexually Abused Children:A Review and

Recommendations,”CHILD, November 1995.

40 Kilpatrick, D. and B. Saunders, Prevalence and Consequences of Child Victimization, Research Preview,

Washington, D.C.: National Institute of Justice,April 1997.

41 New Haven Public Schools, Report on the SAHA, 1991-92: Final Report, New Haven, Connecticut: Social

Development Project Evaluation, 1992.

246

Section 3: New Directions for Victim Service Providers and Allied Professionals
42 Richters, J.E., and P. Martinez,“The NIMH Community Violence Project II: Children’s Distress Symptoms

Associated with Violence.” Psychiatry,Vol. 56: 22-35.

43 Carlson, B.E.,“Children’s Observations of Interparental Violence,” in Battered Women and Their Families, A. R.

Roberts, Ed., New York: Springer, 1984.

44 Miller,T.R., M.A. Cohen, B.Wiersema, Victim Costs and Consequences: A New Look, Washington, D.C.: U.S.

Department of Justice, National Institute of Justice, 1996, NCJ 155282.

247

Chapter 8: The Mental Health Community
CHAPTER 9 

The Legal Community

Members of the legal profession play a variety of critical roles in

the criminal and juvenile justice systems. They serve as judges,

prosecutors, defense counsel, and victim advocates. The President’s

Task Force on Victims of Crime focused its discussion of the legal

profession to members of the bar who function within the criminal

justice system, including bar committees addressing issues within the

criminal justice system.1 Most members of the legal profession,

however, serve in positions outside of the justice system in private law

firms, corporations, law schools, and government offices. These

lawyers frequently come into contact with crime victims in their

work. Trusts and estates lawyers encounter domestic violence victims

or survivors of homicide. Civil rights lawyers encounter victims of

assault, rape, and hate crimes. Personal injury lawyers encounter

victims of drunk driving crashes and other personal crimes.2

Moreover, a growing crime victims bar has emerged as civil litigation

involving crime victims becomes an increasingly well-established and

recognized specialization. These lawyers need to understand the

dynamics of victimization, and they should know how to refer their

clients to victim services that are appropriate for their needs.

Over the past 15 years, attorneys and the organized bar associations

to which they belong have begun to recognize that they are important

conduits to victim services. Attorneys have worked to improve access

to the justice system for victims; they have developed programs that

help victims respond to the crimes that affect them; and they have

explored options within the legal system that can expand the relief

available to victims of crime.

The American Bar Association (ABA), the largest membership organization for attorneys in the United States, established a Victims’

Committee within its Criminal Justice Section in 1976 and encouraged

state and local bar associations to set up similar committees that would

ensure victims a voice in policymaking by lawyers.3 While some bar

associations followed suit, efforts at the national and local level have

increasingly moved toward identifying and assisting specific groups of

crime victims whose needs within the legal system are quite distinct.

For example, victims of domestic violence may need immediate

assistance to obtain a temporary restraining order and long-term

assistance to work out divorce and custody issues.Victims of drunk

driving crashes may need long-term assistance with criminal and civil

actions, and victims of child abuse may need a range of legal assistance

Attorneys have an obligation to their clients, to

their profession, and to

justice itself. They are

obligated to use their

expertise to guarantee

that the system does not

stray from the principle

that lies at the heart of 

the law: justice for all 

who seek it.

President’s Task Force on

Victims of Crime

Final Report,

December 1982

249

Chapter 9: The Legal Community
in family, juvenile, and criminal court. Each legal area demands specialized training and knowledge of the law. The past 15 years have seen

the growth of bar-sponsored programs that target such specialized

areas. Lawyers are reaching out to form and participate in alliances

with other professionals working to meet the needs of crime victims.

Thus, while victims’ committees have not proliferated, lawyers’responsiveness to the actual needs of victims has.

This section highlights these promising efforts of the legal

community to respond to the needs of crime victims and makes

recommendations for future action.

Private and Legal Services Attorneys 

Serving Crime Victims 

Many lawyers have devoted their careers to serving victims of crime

through nonprofit legal services programs around the country that

provide free or low-cost legal assistance.

• In the Navajo Nation, DNA People’s Legal Services, Inc., provides free

legal and other services to crime victims from the Navajo and Hopi

Nations. Through its nine offices in Arizona, New Mexico, and Utah,

the organization serves victims in some of the most remote and

impoverished places in America. The group’s Family Violence

Prevention Project has been instrumental in creating safe homes,

support groups,shelters, and crisis counseling programs for victims,

and it has drafted arrest protocols for the Navajo Nation police force

and culturally appropriate domestic violence laws for the Navajo and

Hopi Nations. DNA lawyers and other staff have established and

maintained an effective network with community service providers

to help domestic violence victims.

• The New York City Gay and Lesbian Anti-Violence Project in New

York City provides counseling, advocacy, and legal representation to

men and women who have been victims of anti-gay or anti-lesbian

violence,sexual assault, domestic violence, HIV-related violence, and

other forms of crime.

Many other organizations in communities across the country

provide critically needed legal services to crime victims.

• The California Crime Victims Legal Clinic helps victims of violent

crime and their families understand their legal rights and of the

criminal and civil justice systems. The Clinic advocates in court at all

stages of legal proceedings, including for victims’rights to restitution

and victim impact statements, assesses cases for possible civil and

other claims, makes appropriate referrals, and files amicus briefs in

significant cases affecting victims’ legal rights. The Clinic is also

The 340,000-member

American Bar Association

has been working for

nearly a quarter of a

century to improve the

plight of crime victims

and witnesses.

Susan Hillenbrand, 

American Bar Association

Criminal Justice Section

250

Section 3: New Directions in Victim Assistance and Allied Professions
active in legislative issues of importance to crime victims and is

available as a media resource for crime victims’rights issues and for

families of victims of violent crime.

• AYUDA is a community-based agency in Washington, D.C. that

provides legal, advocacy, and educational services to low-income

Latino and foreign-born families. In addition to providing direct legal

services,AYUDA provides free legal advice, consultations,referrals,

translation, and other related legal services to foreign-born victims of

domestic violence. AYUDA also assists pro bono attorneys and

government and community agencies on issues related to domestic

violence and immigration law.

Additionally, individual attorneys have established practices that

specialize in serving crime victims. They include domestic violence

attorneys, child abuse and neglect lawyers, civil rights lawyers who

take on hate and bias cases or police brutality cases, and a variety of

civil attorneys who specialize in personal injury, premises liability, and

insurance cases, to name a few. Others represent crime victims in civil

matters and provide representation to victims during the course of

criminal proceedings to ensure that they are informed of and offered a

meaningful opportunity to exercise their rights.

As the number of lawyers involved in helping crime victims has

grown, national organizations have emerged to support the work of

attorneys helping crime victims.

• The National Association of Counsel for Children (NACC) is a

nonprofit professional membership association dedicated to quality

representation and protection of children in the legal system. NACC

trains and educates children’s attorneys and advocates for improvements in public policy and the legal system. In addition, it is

dedicated to the development of the field of children’s law as a legal

specialty. Its membership includes nearly 2,000 attorneys, judges, and

other professionals who take a multidisciplinary approach to

representing the interests of the children they serve.

• Similarly, the Carrington Victims’ Litigation Project (CVLP), an initiative sponsored by the National Victim Center, helps crime victims

who are seeking remedies in the civil justice system find professionals who can refer them to resources to aid physical and emotional

healing. CVLP also helps attorneys, experts, consultants, and victim

service professionals provide sound and sensitive representation.

CVLP includes a membership arm, the Coalition of Victim Attorneys

and Consultants (COVAC), that coordinates the efforts of attorneys

who represent crime victims in civil matters and professionals from

other fields who serve as experts or consultants in civil cases involving crime victims. COVAC members have access to CVLP’s Civil

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Chapter 9: The Legal Community
Justice Case Law Database, which contains over 9,000 case

summaries of reported appellate decisions relating to civil litigation

by crime victims. They also receive updates on the field of victim

litigation through a monthly case digest and a quarterly law journal.

Increasing Victim Access to the 

Justice System

Many barriers prevent the full participation of victims in the

criminal and juvenile justice systems, including lack of information,

lack of resources, and physical, cultural, and language barriers. The

legal profession has been at the forefront of creative efforts to

overcome these barriers.

• The Asian Pacific American Bar Association (APABA) in Washington,

D.C., working with Asian-American groups in the D.C. metropolitan

area,responded to a rash of violent robberies and homicides of

Asian-American storekeepers in 1993 by instituting the No More

Violence—Reclaiming Our Communities project. Language barriers

and lack of information in the community about the crimes were

making it difficult for both prosecutors and victims to move forward

with investigations and prosecutions. APABA, in conjunction with

the Department of Justice and The George Washington University,

developed a videotape that explained how the D.C. criminal justice

system works and used vignettes with Asian Americans to encourage

Asian-American victims and witnesses to cooperate in the judicial

process. The video, available in Mandarin,Vietnamese, and Korean,

has been distributed widely in the D.C. Asian-American community.

4

• The Pro Se Divorce Clinic for Domestic Violence Victims has

operated in New York City since 1994, empowering battered women

who are unable to afford legal representation to leave their abusive

partners and work toward self-sufficiency. Law firms host the clinic’s

classes, offering pro bono a conference room,refreshments, and the

services of paralegals and word processors to prepare the women’s

divorce papers. A pro se divorce manual has been developed by the

clinic and provided to the law firms on computer disk for easy

input into their word processing systems. Paralegals team with

domestic violence victims to guide them through the pro se divorce

process, assist them in drafting their divorce papers, and prepare

their final court papers using the law firms’ word processing system.

Assisting Victims of Violence and Abuse

Over the past 15 years, the private bar has become increasingly

active in providing legal services to specific victim populations that are

prevented from participating fully in the justice system because of a

lack of information and resources. A number of bar associations and

As professionals whose

work is bound up in the

workings of the nation’s

justice system, members of

the legal community carry

a special responsibility to

ensure that crime victims

have the services and

support they need.

Whenever legal professionals work to provide

services and support for

the victims of crime, they

make a contribution that

enhances the public trust

in the justice system.

Because that trust is the

ultimate source of the

system’s efficacy, it is

difficult to imagine a

more important contribution that could be made.

Reginald L. Robinson

Acting Director

Office for Victims of Crime

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Section 3: New Directions in Victim Assistance and Allied Professions
private firms have concentrated their efforts on children, developing

mentoring programs, adopting schools and,significantly, identifying

ways in which the resources of the profession can be marshaled to

assist victims of child abuse.

• Founded in 1994 by attorneys working for Aetna Life & Casualty in

Hartford,Connecticut,Lawyers for Children is a nonprofit organization

that recruits and trains volunteer lawyers to represent abused and

neglected children in juvenile court proceedings. The group also

implements and supports peer-based mediation programs in middle and

high schools. The advocacy component is uniquely multidisciplinary:

lawyers are trained in legal,child development, and other key psychosocial issues that affect child victims of abuse and neglect.Lawyers for

Children assigns a social worker to assist each case’s legal team,which

provides the child with an adult voice in court and an advocate in the

system of social services outside of court. The organization operates in

Miami,Florida, and Washington,D.C., and plans to expand to other cities.5

• The Juvenile Law Committee of the State Bar of Georgia created the

Children’s Legal Advocacy Coalition (CLAC) to advocate and provide

effective representation for abused and neglected children in

Georgia. Advocates working with CLAC represent and work with a

child until he or she reaches age 18,rejoins his or her family, or is

legally adopted after termination of parental rights.6

Lawyers have also become increasingly involved with domestic

violence victims as activists and attorneys recognized that women

trapped in battering relationships were often further imprisoned by a

web of legal issues that kept them dependent upon their abuser. Bar

associations have developed pro bono programs in which volunteer

lawyers handle domestic violence victims’ cases at no charge, and law

schools have instituted clinical programs that offer representation and

advocacy to victims of domestic abuse.

• Project L.I.F.E.(Legal Initiative for Freedom and Empowerment) in New

York City was begun in 1995 to galvanize the efforts of private law

firms to meet the legal needs of battered women. At the time,the

Mayor’s Commission to Combat Family Violence identified contested

divorce as the most difficult legal service to obtain for battered women.

Waiting lists were extremely long and few publicly funded legal

services offices provided assistance.In response, 14 corporate law firms

signed on as charter members of L.I.F.E. Each firm made a commitment

to accept five cases and to recruit another firm to the project.Within a

year, more than 70 women were being served by the program.

In 1994, the ABA established a Commission on Domestic Violence,

which is developing a national model for communities responding to

domestic violence. The Commission is comprised of medical, legal, and

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Chapter 9: The Legal Community
law enforcement professionals, and includes among its goals public

education, legal and judicial reforms, and encouraging a coordinated

community response to domestic violence.7

Legal groups at the local level have also taken action to help victims

of domestic violence.Clinical programs in law schools are providing

free representation to domestic violence victims while at the same time

training a new generation of lawyers to be victim advocates. A 1997

ABA report identified dozens of law school clinics that provide legal

assistance to survivors of domestic violence, and many of these

programs have developed innovative approaches to meeting domestic

violence victims’ needs.

• The Domestic Violence Advocacy Project at the George Washington

University Law Center in Washington, D.C., emphasizes an interdisciplinary approach. Courses are co-taught by a professor of law and a

clinical psychologist, and case supervision and consultation includes

input from the psychologist. Students handle civil protection order

cases and work with local public defenders’ offices on battered

women’s self-defense cases. Students also coordinate their work with

the George Washington University Hospital’s emergency room, and

are on call to respond in cases of suspected domestic violence to act

as advocates for the women and inform them of the legal action they

can take to protect themselves. Other students in the clinic work on

broader law and policy reform initiatives to improve the treatment

of domestic violence victims in the justice system.

• Students in the Domestic Violence Law Clinic at the University of

Arizona,College of Law in Tucson,Arizona,provide representation to

women seeking orders of protection,temporary child custody, and child

support. Students also assist members of the nearby Pascua Yaqui Tribe in

obtaining and upholding orders of protection through the Tribal Court.In

addition,students provide representation to victims of domestic violence

in the criminal courts, acting either as advocates for their rights from

initial appearance through sentencing or as defenders of victims charged

with domestic violence offenses who were acting in self-defense.

Other attorneys work to address the problem of gun violence, assisting communities and individuals affected by gun violence.

• Following the 1993 shooting at the firm of Petit & Martin in San

Francisco, California, volunteer attorneys, including survivors of the

shooting, created the Legal Community Against Violence (LCAV)

project. LCAV worked to raise funds and secure pro bono legal

services to help victims and survivors of that shooting pursue civil

actions for damages. LCAV has remained active,serving as a clearinghouse to help victims of gun violence in California find volunteer

lawyers to provide representation in their cases. LCAV also works

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Section 3: New Directions in Victim Assistance and Allied Professions
with grassroots organizations in communities victimized by gun

violence and local and city governments to address gun violence

through appropriate local ordinance and regulations.

Helping Communities 

Too often,the criminal justice system’s response to criminal activity—

the investigation, prosecution, and incarceration of individual offenders—does not reach the roots of the activity. New people simply pick

up the illegal activity, continuing the victimization. This is particularly

true with drug trafficking. Recognizing that vacant or abandoned properties in cities provide fertile ground for drug trafficking, lawyers have

joined forces to use civil legal remedies to close crack houses and to

address neighborhood nuisances that are contributing to drug problems.

• “Operation Crackdown”of the Young Lawyers’ Section of the Bar

Association of the District of Columbia uses a network of trained

volunteer attorneys to provide free legal assistance to local community

organizations victimized by illegal drug activity. Active throughout the

District of Columbia, Operation Crackdown attorneys work closely

with community members to address and resolve problems in a

neighborhood. Operation Crackdown represents organizations,rather

than individuals, allowing people victimized by drug trafficking to

come forward and take action without fear of retaliation.Volunteer

attorneys coordinate with local prosecutors,the Metropolitan Police

Department, and local officials to identify and use all administrative

and judicial remedies possible to meet the community’s needs.8

Nonprofit legal clinics,such as the Community Law Center in

Baltimore, Maryland, are providing similar services.9 In addition,

communities are forming alliances among prosecutors, citizens’

coalitions, and local bar associations to address the crime and violence

that accompany illegal drug trafficking. For example, the Alliance for a

Safer Greater Detroit has used the skills of volunteer lawyers and legal

services organizations to eliminate crack houses and other dangerous

buildings from crime-plagued neighborhoods.10

Recommendations from the Field for the

Legal Community

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #1

The legal community should expand its

commitment of resources to victims to

ensure that the barriers to meeting crime

victims’ needs are removed. 

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Chapter 9: The Legal Community
Lawyers are uniquely situated to provide crucial information and

assistance to a range of crime victims. Lawyers have an obligation to

give to their community and should be encouraged to do so by lending

their skills,time, and energy. The programs outlined in this report

provide good models for communities, law firms, corporate legal departments, and individual lawyers to examine when exploring how best to

assist crime victims.In particular, programs that target special population groups should be fostered. Initiatives should include expanded

volunteer lawyer programs, impact litigation on victims’ issues, and

litigation and nonlitigation projects that address the needs of language

minorities,the disabled, and those with limited financial resources.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #2

Bar associations and members of the

legal community should produce and

distribute informational materials, including videotapes, to help crime victims

understand court proceedings and how to

pursue their rights in the justice system. 

In many instances, victims simply need information to help them

understand the legal system and determine whether and how to

exercise their legal remedies. Lawyers should use their expertise to

help educate crime victims by assisting in the preparation of informational materials that will help victims understand the court process

and how to represent themselves. Law firms can also contribute the

pro bono services of paralegals and support staff to help crime victims

exercise their rights in court.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #3

Bar associations and members of the

legal community should develop 

multidisciplinary alliances and networks

among attorneys and other service

providers within the community to identify

and meet the needs of crime victims.

Lawyers’ work with victims of crime has been most effective when a

multidisciplinary approach is taken. Lawyers should reach out to allied

professionals in cases in which they are advocating for victims of crime.

In particular, prosecutors, civil attorneys who represent crime victims,

and victim service providers should build coalitions to ensure that

adequate referrals and options for networking are available to crime

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Section 3: New Directions in Victim Assistance and Allied Professions
victims.Victim service providers also can serve as expert consultants in

civil and criminal matters and work closely with crime victims and their

attorneys to develop and present their cases at trial. More multidisciplinary membership organizations such as the Coalition of Victim

Attorneys and Consultants and the National Association of Counsel for

Children should be established to enhance training and to facilitate

communication among victims, lawyers, and other service providers.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #4

Bar associations and members of the legal

community should develop information

about victims’ rights and programs and

disseminate it widely in the community.

Lawyers have been active in creating and supporting innovative

programs for victims of crime, including those highlighted in this

report. The majority of crime victims, however, have little opportunity

to learn of these services. Lawyers and bar associations can take

advantage of events such as “Law Day” (held the first week of May each

year in communities across the country) to expand outreach and

awareness of victim assistance programs by holding community forums

and disseminating literature in appropriate languages. Additionally, they

should work with community leaders to develop strategies for publicizing services and programs that assist crime victims.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #5

Legal professionals who serve in the

criminal, juvenile, and civil justice

systems should work with one another

and with victim service providers to

adequately inform crime victims of 

all of their legal options, including 

civil litigation.

In both the criminal and civil justice systems, cooperation between

prosecutors and civil attorneys benefits crime victims who are involved

in litigation. Furthermore, failure to cooperate can severely impact the

outcome of some proceedings. Brochures,referrals to victim support

networks, and informational materials describing possible civil litigation

options should be made available to victims when they initially contact

prosecutors. Bar associations of criminal and civil legal professionals

should develop joint programs and training on the intersection of

criminal and civil litigation for crime victims. Similar information should

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Chapter 9: The Legal Community
be provided by victim service providers, and these professionals should

develop networks with civil and criminal justice attorneys to facilitate

the referral of crime victims with legal questions or needs.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #6

Attorneys in the private sector who, due to

the nature of their practice, have frequent

contact with crime victims (for example,

personal injury attorneys, insurance

attorneys, and premises liability attorneys)

should be encouraged to develop or join

coalitions of attorneys who serve crime

victims in the civil justice process.

Specialized continuing legal education classes, as well as other

products and services such as case digests and legal periodicals that

deal specifically with civil litigation involving crime victims,should be

developed as a means of increasing membership in the crime victims

bar and enhancing the quality of representation for victims.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #7

Bar associations should establish victims’

issues committees to address issues in the

criminal and civil justice systems, and they

should ensure that the members of the

committees represent victims’ interests.

Echoing the Final Report of the 1982 President’s Task Force, this

recommendation strives to institutionalize the representation of

victims’ views in all activities related to the criminal justice system.

Similar attention should be paid to addressing issues that affect crime

victims who are litigating cases in the civil justice system. To do this,

some bar associations have established victims’ committees, an

approach that has been effective in ensuring that victims’ issues are

addressed broadly and included in every dialogue on changes and

enhancements to the criminal and civil justice system.

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Section 3: New Directions in Victim Assistance and Allied Professions
LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #8

Bar associations and law schools should

offer courses on victims’ rights and issues,

incorporating multidisciplinary curriculums.

In addition to attorneys working within the justice system, lawyers in

many areas of practice are likely to encounter crime victims among their

clients. Educating law students about victims’rights and the basic

concepts of victimology will enable students once they become

attorneys to better fulfill their mandate to seek justice for all. Providing

continuing legal education on serving victims to practicing lawyers will

enhance their ability to discharge their duties to their clients.Increasing

lawyers’ awareness of victims’rights and sensitivity to victims’ needs will

be of immeasurable benefit to crime victims, whether they come into

contact with the criminal justice system as a witness or seek civil legal

assistance as a result of the crime. The American Bar Association has

developed model curriculums on victims’rights, and legal institutions

around the country offer courses on victims’ issues.

In a recent publication entitled When Will They Ever Learn?

Educating to End Domestic Violence, the American Bar Association

Commission on Domestic Violence noted the importance of training

law students regarding domestic violence issues:

Domestic violence has a tremendous impact on the legal

profession. Whether or not lawyers realize it, domestic

violence permeates the practice of law in almost every field.

Corporate lawyers, bankruptcy lawyers, tort lawyers,real

property lawyers, criminal defense lawyers, and family lawyers,

regularly represent victims of perpetrators of domestic

violence. Criminal and civil judges preside over a range of

cases involving domestic violence as an underlying or a hotly

contested issue. Failure to fully understand domestic violence

legal issues threatens the competency of individual lawyers

and judges, as well as the legal profession as a whole . . . .

The vast majority of telephone calls received by the American

Bar Association Commission on Domestic Violence indicate

that lawyers, too, are not representing victims of domestic

violence according to the standards dictated by the profession.

Callers report that many family lawyers fail to address a client’s

safety needs where there is a history of domestic violence, or

refuse to introduce evidence of the violence in court, despite

the legal consequences. This hesitation to handle domestic

violence cases, or to address domestic violence issues when

they arise,stems in part from a lack of legal training. It is time

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Chapter 9: The Legal Community
for law schools to fill this desperate gap in legal education by

incorporating domestic violence law into core curricula

courses, upper level courses, and clinical programs.11

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #9

Bar associations and members of the

legal community should ensure adequate

representation and involvement of

minority, multicultural, and multilingual

attorneys in order to respond more

effectively to diverse populations victimized by crime.

Crime victims face many barriers to full participation in the criminal

and civil justice system. Lawyers are an important link to providing

crime victims a voice in the system. It is essential that lawyers have the

capability to respond to the diverse needs of victims who are also

language and cultural minorities. A central part of this response should

be the hiring of trained multicultural and multilingual lawyers or other

legal professionals in prosecutors’ offices, victim service providers’

agencies, and legal organizations, associations, and private law firms.

LEGAL COMMUNITY RECOMMENDATION FROM THE FIELD #10

Publishers of case reporters, legal

compilations, and treatises should expand

their issue coding and indices to include

crime victim-related categories.

Currently, publishers of legal references and case reporters do not

include victim-related issue codes or indices, making it extremely

difficult to conduct legal research on cases and issues of concern to

crime victims. An extension of these coding systems would enhance

the ease and accuracy of legal research while encouraging legal

scholarship in the field.

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Section 3: New Directions in Victim Assistance and Allied Professions

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 President’s Task Force on Victims of Crime, Final Report, Washington, DC: U.S. Government Printing Office,

December 1982.

2 See generally,American Bar Association Commission on Domestic Violence, The Impact of Domestic Violence

on Your Legal Practice:A Lawyer’s Handbook, Washington, DC:American Bar Association Commission on

Domestic Violence, 1996 (discussing range of legal practice areas impacted by domestic violence).

3 American Bar Association, American Bar Association Criminal Justice Section:Victim/Witness Activities, Flyer,

Washington, DC:American Bar Association, 1997.

4 Asian Pacific American Bar Association, “No More Violence - Reclaiming our Communities”Video Project, Flyer,

Washington, D.C.:Asian Pacific American Bar Association, 1997.

5 Lawyers for Children, “Lawyers for Children America - Serving the Nation’s Youth,” Flyer, Hartford: Lawyers for

Children, 1997;“Children First,” The Connecticut Law Tribune, March 25, 1996:13.

6 American Bar Association Special Committee on the Drug Crisis, Lawyers As Volunteers:Addressing Substance

Abuse and Violence in Communities,Washington, DC:American Bar Association, June 1995:120.

7 American Bar Association, Domestic Violence Home Page, http://207.49.1.6/domviol/home.html (July 1, 1997)

8 “Cracking Down on Crack Houses,” The Legal Times, Week of April 7, 1997:2, col 1; Bar Association of the

District of Columbia, Operation Crackdown, Brochure,Washington, DC:Young Lawyers Section, Bar Association

of the District of Columbia.

9 American Bar Association, Lawyers as Volunteers, 35.

10 Id. at 34.

11 American Bar Association Commission on Domestic Violence, When will they ever learn? Educating to End

Domestic Violence. A Law School Report, Washington, DC:American Bar Association, produced with the

support of the Office for Victims of Crime, U.S. Department of Justice, 1997.

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Chapter 9: The Legal Community
CHAPTER 10

The Educational

Community

Schools and universities today face serious crime and victimization

problems. For too many students, teachers, and administrators, school is

no longer a safe haven. Daily threats to the safety of students and staff,

including violent assaults, are commonplace in many communities.

Each time students are threatened or injured in school, they are doubly

victimized—by the crime itself and then by the disruption of their

ability to concentrate and learn.

Crime in Schools

Several studies have documented the pervasiveness of crime and

violence in our nation’s schools. In a 1991 report entitled School

Crime:A National Crime Victimization Survey Report, the U.S.

Department of Justice found that more than 400,000 students nationwide were estimated to have been victims of violent crimes at school

during an 8-month period.1 Equally alarming, the study found that

during the same period, 430,000 students had taken guns, knives, brass

knuckles, razor blades, spiked jewelry, and other objects to school to

protect themselves from attack or harm. In 1993, a survey found that

half of students in grades 6 through 12 had witnessed some type of

crime or victimization at school, and about one of every eight students

reported being personally victimized at school.2

School violence plagues teachers as well. The National Institute of

Education found in 1993 that nearly 5,200 secondary school teachers

are physically attacked at school each month, with 1,000 suffering

injuries serious enough to require medical care.3 The same study found

that at least 130,000 teachers each month are victims of theft.4 After

examining more than 1,000 teachers working in what they themselves

described as “combat zones,”Alfred Bloch,Assistant Clinical Professor of

Psychiatry at the University of California, Los Angeles, observed:“What

we are seeing is very much akin to the kind of stress that soldiers in

World War II and the Korean War had experienced.”Teachers in the

study described symptoms of fatigue, headaches, gastrointestinal

problems, cardiovascular problems, and hypertension.5

Crimes committed most on school grounds include assaults, robbery

and extortion,6 but even what is often characterized as harmless

schoolyard bullying can have a serious adverse impact on students,

When our children must

pass through metal

detectors to go to school,

or worry that they’ll be the

victims of random driveby shootings when they’re

playing in the swimming

pool in the summertime,

when parents are imprisoned in their own

apartments behind locked

doors, when we can’t walk

the streets of our cities

without fear, we have lost

an essential element of

our civilization.

President William J. Clinton, 

August 11, 1993

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Chapter 10: The Educational Community
teachers, and parents. One in ten students is victimized by a bully, often

leaving permanent emotional scars that children carry into adulthood.

Institutional tolerance can be equally damaging for the bully as well.

Research indicates that a child who bullies others has a one in four

chance of having a criminal record before age 30, compared with a one

in 20 chance for children who do not bully their peers.7

The issue of weapons, especially guns, in schools has also received

national attention. In one tragic incident in January 1989, a man carried

an AK-47 semi-automatic assault rifle onto an elementary school

campus in Stockton, California and opened fire, killing five children and

injuring 29 students and a teacher. In May 1992, four students were

slain and 11 injured when an ex-student entered a high school in

Olivehurst, California, and opened fire.8 On October 1, 1997, a 16-yearold boy in Pearl, Mississippi stabbed his mother to death, drove to his

high school with a rifle hidden under his trench coat, killed his former

girlfriend and another girl, then wounded seven other students.9

Reports of such terrifying incidents are all too common today, and they

have a dramatic impact not only on students where the crisis occurred

but also on parents, teachers, and the community at large.

The alarming rise of gang activity among students is welldocumented as well. From the 1920s on, gang violence has increased

and intensified in American schools, and today, it is characterized by

notorious senselessness.10 A study conducted by the U.S. Department of

Justice found that there were approximately 1,000 known gangs with a

combined membership of 50,000 operating in the United States by the

end of the 1970s.11 By the late 1980s these numbers increased to

approximately 5,000 gangs with an estimated membership of

250,000.

12 While some school administrators have been reticent to

acknowledge the presence of gang activity in their schools,students

provide a much different picture. In a nationwide study of school

violence in 1991, 15 percent of students surveyed reported that gangs

were active on their campus, and 16 percent indicated that they had

witnessed gang members engaging in threatening acts against a

teacher.

13 In the 79 U.S. cities with populations over 200,000, 91

percent reported having a gang problem that had spread from the

streets into areas traditionally considered safe havens,such as schools.

14

The mere presence of gangs in a school increases tensions among

students and teachers. If they are not rooted out, gangs will almost

certainly lead to an increase in violence, fear, and drugs.

15

The 1982 Final Report of the President’s Task Force on Victims of

Crime recognized the important role that educators can play in assisting victims and preventing crime. The Task Force urged school authorities to take the following immediate action:

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Section 3: New Directions for Victim Service Providers and Allied Professionals
• Develop guidelines for statistical tracking and prompt reporting of

violent crimes committed in schools, crimes committed against

school personnel, and the possession of weapons or narcotics.

• Check the arrest and conviction records for sexual assault, child

molestation or pornography offenses of anyone applying for 

work in a school.

• Develop and provide courses on the problems, needs, and legal

interests of victims of crime.

• Be mindful of their responsibility to make students aware of how

they can avoid being victimized by crime.

Since the release of the 1982 report, attention to school violence has

increased greatly, and scores of programs have been developed to

protect the safety of students, teachers, and administrators. In 1984, the

National School Safety Center (NSSC) was created by presidential

directive as a partnership among the Office of Juvenile Justice and

Delinquency Prevention in the Department of Justice, the U.S.

Department of Education, and Pepperdine University. NSSC’s mandate

is to promote safe schools and help ensure quality education for

children nationwide. NSSC serves as a clearinghouse for current

information on school safety issues and has produced important

documents on addressing violence in the schools, including a comprehensive guide to school safety law to help educators implement

campus violence prevention programs.

In 1987, the final report of the President’s Child Safety Partnership

recommended that child safety be made a part of all school curricula

and that communities and schools make a concerted effort to involve

youth in programs that improve their well-being.

16 More recently,

Congress passed the Safe and Drug Free Schools and Communities Act

in 1994, authorizing the creation of the Safe and Drug Free Schools

Program through the U.S. Department of Education. The program is

the federal government’s primary vehicle for reducing school violence

through education and prevention activities. Its wide-ranging initiatives

work toward meeting the seventh National Education Goal, which

states that,“By the year 2000, every school in America will be free 

of drugs and violence and will offer a disciplined environment

conducive to learning.”17

School-Based Victim Assistance Programs

Many schools are forced to respond to incidents such as shootings,

kidnapings,sexual assault, and hate crimes that occur on school

grounds. How a school responds to such a crisis affects the healing and

the education of its students. Schools cannot work in isolation from

their communities, however, and assistance must be developed with

School used to be a place

of safety, but today’s

reality provides no such

assurance of security.

The magnitude of school

crime and violence

cannot be ignored.

School Safety Update,

National School Safety 

Center News Service,

September 1993

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Chapter 10: The Educational Community
the involvement of families and the community. Comprehensive, culturally sensitive school-based victim services can help schools suffering

chronic trauma better respond to students, teachers, and other staff

who are victimized.

A number of schools have established victim service programs

offering crisis intervention counseling and stress reaction training as

well as curricula on victim assistance and violence prevention. These

programs are helping students and teachers better respond to stressful

events in their lives and in the lives of those around them.

18

• Victim Services in New York City, the largest victim assistance

provider in the country, has responded to school violence through

the creation of the Safe Harbor program, which grew out of a schoolbased victim assistance and peer mediation program. Safe Harbor is a

comprehensive school-based victim assistance/violence prevention

program designed to help students,faculty, and families cope with the

violence they struggle with in their lives, not only at school but at

home and on the streets. The program consists of five components:

the PEARLS (People Empowered About Real Life Situations) victim

assistance/violence prevention curriculum, individual counseling,

parent involvement and teacher training,structured group activities

including focused discussions and informal activities, and schoolwide

anti-violence campaigns. An evaluation of Safe Harbor funded by the

Centers for Disease Control and Prevention found that the program

reduced violent behavior in the school, especially when students

participated in more than one component of the program.

• Many schools and law enforcement agencies have teamed up to

create School Resource Officers (SRO) programs in communities

across the country. The programs place specially trained police

officers in schools to create and maintain safer learning environments.

SROs act as counselors and mentors as well as school law enforcement officers.While SROs are primarily “peacekeepers,” their duties

include giving students guidance in and out of school and serving as a

link for students who seek additional student-related services.

• With funding from the Office for Victims of Crime, the Tariq Khamisa

Foundation has developed an interactive program, the Violence

Impact Forum, for underserved victim populations in elementary

and middle schools in San Diego, California. The program gives

young victims an opportunity to engage in meaningful dialogue with

adult and peer “panelists” who have experienced the trauma of

violence firsthand and seek alternatives to violence.

• The United Federation of Teachers in New York City runs a Victim

Support Program (VSP) to assist school staff members who are

victims of school-related crime. Program services include outreach to

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Section 3: New Directions for Victim Service Providers and Allied Professionals
victims, psychological counseling and referrals for long-term

treatment, training for social service providers and school administrators for dealing with victims and trauma, and school site visits to

provide assistance in resolving a school’s ongoing trauma.VSP also

offers an array of practical assistance and advocacy services such as

helping with procedures and forms and accompanying victims to

court and medical appointments.

• The Fort Peck Assiniboine and Sioux Tribes have stationed a juvenile

officer in their public school system who is trained to facilitate

conflict resolution, ensure student safety, and address child abuse

and neglect. The officer helps the school system provide immediate

intervention, assessment, and referrals to appropriate agencies when

incidents of violence or intimidation occur.

• Mothers Against Drunk Driving (MADD) published Death at School,

a publication to assist school teachers, counselors, and administrators

after the death of a student, a student’s family member, or a teacher.

As a public service, MADD mailed the guide to every K-12 school in

the United States.

In response to the growing number of youth gangs, there has been

a proliferation of intervention and prevention programs that attempt

to reduce gang-related activities among students. Schools have

implemented a range of measures including targeting students who

are vulnerable to gang recruitment for special assistance through peer

counselors,support groups, mentoring, conflict resolution, and

tutoring; educating all school staff on how gangs develop and how to

respond to them; offering special programs for parents of gang

members; monitoring youth who are not enrolled in school but who

“hang out” on or near school property; offering education programs

for students about gangs and their destructiveness; establishing and

enforcing codes to prohibit the display of gang colors and the use of

beepers or cellular phones; removing graffiti; expanding afterschool,

weekend, and summer youth programs; and providing students with

regular opportunities for individual and group discussions about their

experiences in school.

Crime on College and University Campuses 

Few issues affecting colleges and universities captured media

attention more dramatically in the last decade than violent crime.

Headlines of major newspapers across the country described violent

incidents on campuses in California, Pennsylvania,Texas, Minnesota,

Virginia, and Florida, among others. On a Florida campus, five students

were murdered by a serial killer. On a Southern California campus,

three students were sexually assaulted by a serial rapist. One observer

wrote that widespread reports of campus violence “put to rest the

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Chapter 10: The Educational Community
long-cherished notion that colleges and universities are somehow

cloistered enclaves—sanctuaries far removed from the threat of crime

that haunts the rest of us.”19

Campus violence civil litigation emerged in the mid-1980s as a

relatively new and formidable legal strategy to address the problem of

campus crime. Awards ranging from $50,000 to $2 million for victims

of assault and rape have shaken universities, attracted Congressional

and media attention, and forced schools to examine the quality of

security they provide and their response after a crime occurs.

One tragic case that focused national attention on campus crime

involved the torture,rape, and murder of 19-year-old Jeanne Ann Clery

in her dormitory room at Lehigh University on April 5, 1986. Following

the conviction and sentencing of the woman's murderer, also a university student, Howard and Connie Clery filed suit against the university

for negligence in failing to take reasonable action to protect their

daughter from foreseeable harm. The amount of the settlement was not

made public, but the university agreed to improve security throughout

the campus, particularly in dormitories. Following the settlement,the

Clerys formed Security on Campus,Inc., an organization dedicated to

bringing the problem of violent crime on college campuses to the

attention of those who most need to know: applicants,students, faculty,

and staff. Their crusade has had widespread results, including the

passage of legislation in Pennsylvania in 1988 to address campus crime,

followed by similar legislation in other states and at the federal level.

In the early 1990s, heightened concern about the safety of students

on college campuses led to the passage of two federal laws: the

Campus Security Act and the Campus Sexual Assault Victims Bill of

Rights. The Campus Security Act, passed in 1990,requires that institutions publish and distribute an annual report describing security and

law enforcement policies, crime prevention activities, procedures for

reporting crimes on campus, and campus crime statistics. The Campus

Sexual Assault Victims Bill of Rights, passed in 1991,requires institutions of higher education to develop and publish as part of their

campus security report policies regarding the prevention and

awareness of sex offenses and procedures for responding after a sex

offense occurs. A key point in the statute is the clear responsibility

assigned to university officials. They are required to inform students of

their rights, provide them with clear information about how to report

sex offenses, and ensure that students know about the medical, legal,

and psychological assistance available to them if they become a victim.

The Department of Education is responsible for the enforcement of

both statutes. An institution’s failure to comply could mean the loss of

federal funds, including student loan money.

I was sexually 

assaulted by two students.

The incident was 

never reported to the local

or state police by the

campus police. Nor were

the men reprimanded.

They are still walking free

around campus.

A victim

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Section 3: New Directions for Victim Service Providers and Allied Professionals
These federal laws raised public awareness of the prevalence and

impact of crime on college campuses. Campus law enforcement

officials report that colleges have increased resources for security and

improved or clarified relationships with local police or sheriff's departments. In addition, many universities have developed or expanded

crime victim assistance programs on campus and established more

formal ties with off-campus victim assistance programs.

• In Orlando, Florida, the University of Central Florida Police

Department has established a Victim Services Unit that employs two

full-time victim advocates. The advocates are available to the university community 365 days a year, 24 hours a day, to provide programming and direct support for victims of crime.

• In Ithaca, New York, Cornell University has established a victim

advocacy program that provides free, confidential assistance to any

member of the university community who has been the victim of a

serious crime on or off campus. Its primary focus is to assist victims

of assault,rape and other sex offenses, and bias-related crimes. The

program functions through the Office of the University Ombudsman

and works closely with local service agencies such as Ithaca Rape

Crisis, the Suicide Prevention and Crisis Service, the Task Force for

Battered Women, and the Child Sexual Abuse Project. In addition, the

University requires all varsity student athletes to take a class on

sexual assault.

• In Los Angeles, the Women’s Resource Center at UCLA provides free,

confidential crisis counseling for sexual assault and domestic

violence related issues to any UCLA student,regardless of when or

where the assault occurred. Trained staff answer questions and refer

students to the many services available to them. The center provides

referrals to address a variety of resources in the community for

medical, psychological, legal, and housing needs.

School and University Based Education 

About Victimization

Schools and universities have a unique role in helping all students,

teachers, and staff understand and appreciate the rights and needs 

of victims of crimes. School-based instruction about victim issues 

will produce adults who are better informed about the needs of

crime victims in their communities. A wide range of initiatives 

have been undertaken in recent years to educate students as well 

as faculty and staff.

• With funding from OVC, the National Organization for Victim

Assistance and the Education Development Center have developed a

curriculum for young crime victims called “Healing Hearts/Mending 

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Chapter 10: The Educational Community
Minds.”The curriculum was developed to provide educators 

and adolescents themselves with tools and skills to help young

victims heal.

• The Rape Treatment Center at Santa Monica-UCLA Medical Center

has developed a sexual assault prevention education program for

secondary schools that reaches more than 20,000 adolescents each

year. The program’s curriculum includes participatory exercises that

enable students to practice effective communication and self-protection skills. The program also offers “private time” for students who

wish to seek counseling for personal victimization experiences.

• In 1996, OVC awarded Promising Strategies and Practices for

Professional Education grants to two organizations. The Allegheny

Research Institute in Pennsylvania received funding to conduct a

national survey of professional schools’ course offerings relevant to

victims of crime. The Institute’s findings revealed that professional

education about crime victims’rights and services is offered in a

limited number of schools. The second stage of the project was

awarded to Victim Services, Inc., in New York to survey five states to

determine if mandatory educational requirements about crime

victims are included in the professional education of medicine,

social work, psychology, and other allied professions. Based on the

findings of both surveys,Victim Services is developing a multidisciplinary academic curriculum to educate practitioners who interact

with crime victims.

• Also with OVC funding, the Victim Assistance Legal Organization, in

partnership with California State University-Fresno, and the Medical

University of South Carolina, developed a college-level Victim

Assistance Academy on victim’s issues for advocates in the victim

assistance field and allied professions. The Academy’s rigorous 45-

hour curriculum introduces students to the basic concepts of

victims’rights and services and examines new developments in 

the field. The curriculum, which is offered each year at several

universities around the country simultaneously through distance

learning technology, allows students to earn undergraduate credits

from California State University-Fresno. The curriculum has been

incorporated into numerous victimology courses and is used widely

in state trainings.

• Recognizing the critical role of professional education in preparing

graduates to be a part of the state’s strategy to reduce violence,

abuse, and harassment, the Minnesota State Legislature earmarked

funding in 1993 to establish the Higher Education Center Against

Violence and Abuse. The center focuses on three areas: working

with state and national organizations to develop higher education

programs that prepare professionals to provide safety and services to

Including the voices 

of victims in our

educational efforts 

both empowers them 

and provides us with a

powerful tool for increasing public understanding

of the impact of 

criminal violence.

Gail Abarbanel

Director

Rape Treatment Center

Santa Monica-UCLA 

Medical Center

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Section 3: New Directions for Victim Service Providers and Allied Professionals
victims of violence; conducting research projects to find ways to end

violence; and serving as an international resource on violence and

abuse issues to higher education institutions, community-based

programs, and professional organizations.

A number of colleges and universities have begun to offer academic

courses on victims’ issues as part of their undergraduate curriculum.

Courses range from topic specific areas such as family violence and

child abuse to general courses on victimology and victims’rights.

In 1985, California State University-Fresno (CSUF) became the first

university in the nation to develop and conduct a program of study in

victim services. Today it offers an undergraduate degree in victimology,

a graduate degree with a specialization in victimology, and a monthlong summer institute on Victim Services. In 1999, in partnership with

the University of California, CSUF will offer the nation’s first doctorate

program in victimology.

Several other academic institutions are offering unique programs.

The University of New Haven in Connecticut offers a program in Victim

Services Administration through its Center for the Study of Crime

Victims’ Rights, Resource, and Remedies.Washburn University in Topeka,

Kansas offers a multidisciplinary Victim Assistance Program and in 1998

will provide an undergraduate degree in victim/survivor studies.

Michigan State University, Southwestern Missouri State, and Florida State

University also offer courses in victimology and victims’rights.

Other educational programs targeting specific professionals who

work with crime victims—criminal justice, health, mental health,

clergy, and the bar—are mentioned in separate sections of this report.

Prevention Strategies

The educational community has a responsibility to prevent crime

and ensure the safety of students and school staff. As the 1982

President’s Task Force recommended,school authorities should check

the arrest and conviction records of anyone applying for work in a

school who would have regular proximity to students for sexual

assault, child molestation, or pornography offenses. This is now

required by statute in 21 states.20

In addition, colleges must take basic measures to prevent victimization such as installing lighting and emergency phone systems, providing shuttle and evening escort services for students, locking dormitory

doors, controlling access to buildings, and implementing crime watch

programs and 24-hour security patrols.

It is important for

academic institutions to

recognize their responsibility to provide a strong

academic foundation for

future professionals in the

field of victims’ rights and

services by offering a

broad range of courses,

undergraduate and

graduate degree

programs, and research

opportunities.

Harvey Wallace, 

Chair, Department of

Criminology, 

California State 

University-Fresno

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Chapter 10: The Educational Community
The high risk of victimization for youth and perceptions that most

violence is caused by youth have led many communities to mobilize

youth to help prevent violence.

• Teenagers in 40 states have participated in Teens, Crime, and the

Community (TCC), a unique education and action program to

educate teens about their risk of victimization and offer them strategies to make their lives and their communities safer. Created by the

National Crime Prevention Council and funded by the Office of

Juvenile Justice and Delinquency Prevention in the U.S. Department

of Justice,TCC has worked with young people in more than 500

schools, community centers, and juvenile justice facilities since 1985.

Examples of youth-led TCC projects are launching a child abuse

prevention campaign,“adopting” younger classes to teach them

about the dangers of alcohol and other drug abuse, and making

presentations at local churches and civic organizations.

• The Kessler Institute for Rehabilitation has developed a violence

prevention curriculum called Rise Above It, which is taught by

individuals paralyzed as a result of violent acts. The program’s

mission is to increase a student’s ability to control violent behavior

by helping them develop and practice creative alternatives to

violence. The curriculum has been presented to 3,500 students in

the Newark, New Jersey school system.

• Mothers Against Drunk Driving (MADD) has initiated several

programs to involve students in the fight against underage drinking

and impaired driving—the cause of thousands of deaths and injuries

among our nation’s youth each year. In May 1997, one high school

student from each of the 435 congressional districts was selected to

attend MADD’s National Youth Summit on Underage Drinking.

During the 3-day event in Washington, D.C., the student delegates

developed recommendations for preventing underage drinking and

presented them to lawmakers. In another MADD initiative,Youth in

Action,student-led teams across the country work to affect public

policy, media, and law enforcement with the ultimate goal of

reducing the number of traffic fatalities among young people by 25

percent within 5 years. MADD has also developed a Poster-essay

contest for students in grades 1 through 12.

• The U.S. Senate designated November 6, 1997, as a National Day of

Concern About Young People and Gun Violence. On that day,

students took part in activities across the country to raise awareness

about youth gun violence, including a national campaign calling for

students to sign a pledge that they will never carry a gun to school,

never resolve a dispute with a gun, and try to use their influence

with their friends to keep them from resolving disputes with guns.

The day received support from organizations and elected officials

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Section 3: New Directions for Victim Service Providers and Allied Professionals
nationwide, including the American Federation of Teachers, the

National Education Association, the National PTA, the American

Medical Association, and the National Council of Churches.

• Campus Outreach Services was started by a student in 1990 after she

was assaulted on her college campus. The organization brings

speakers on date rape and sexual assault to colleges and high schools

across the country. Speakers include survivors of sexual assault,

sexual assault peer counselors, victims’rights experts, and victim

advocates. The organization offers educational programs for resident

advisors in dormitories,school counselors, administrators, peer

educators, health center staffers, and student leaders. The program

has also developed a guidebook entitled Sexual Assault on Campus:

What Every College Student Should Know About Protecting Victims,

Providing for Just Adjudication, and Complying with Federal Laws.

Recommendations from the Field for the

Educational Community

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #1

Schools should establish comprehensive

programs to assist students, faculty, and

staff who are victimized by crime or who

witness violence. These programs should

be coordinated closely with local crime

victim assistance programs and law

enforcement agencies.

The creation of school-based victim service programs is proving to

be an effective first step toward addressing victimization in schools.

Comprehensive school-based initiatives should be implemented for all

students in grades K-12, and they should respond to chronic trauma in

everyday life as well as violent incidents—from schoolyard bullying to

gun violence. To be comprehensive, victim assistance programs must

include written protocols for handling cases, including reporting crimes

to law enforcement,referring victims to medical and mental health

treatment, and coordinating with local victim assistance agencies.

Each school should develop a victim assistance action plan that

focuses on the immediate (1 to 4 days after the incident), intermediate

(4 to 7 days after the incident), and long-term (7 days to several weeks

and throughout various phases of the criminal justice system) needs of

crime victims.21 In particular, crisis counseling services for youth

victims and witnesses to violent crimes should be made available in

school districts with gang problems. The integrated mediation and

We must keep our focus

on ending the violence.

Sit down with community

leaders, principals, PTA

presidents, and the

doctors in the trauma

units who are struggling

so hard to protect the

children and mend their

communities, and use

your power to reach

children in a helpful and

supportive way.

Secretary of Education 

Richard Riley, 

Thomas Jefferson 

Middle School, 

February 1, 1995

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Chapter 10: The Educational Community
violence prevention programs developed by Victim Services, Inc., in

New York City can serve as a model for schools in this effort. In

addition,school-based victim service programs should involve families

and the community in educational activities.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #2

Schools should incorporate into their core

curricula age-appropriate education

about the impact of victimization, the

availability of victim services, and victim

rights information, including basic

information about the criminal and

juvenile justice systems. 

School-based curricula should address a broad range of victim issues

such as appropriate measures for intervention, the rights and services

victims are entitled to receive, and information about how the criminal

and juvenile justice systems operate. Schools should introduce students

to issues related to family violence, child abuse, and incest at an early

age, and they should teach them about specific types of crime victimization including sexual assault, drunk driving, family violence, gang

violence, and hate and bias crimes. Schools should utilize victim impact

panels and classes as important educational methods to educate

students about victimization, and teachers should invite crime victims

to give guest lectures in classes dealing with these issues.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #3

Crime prevention strategies should be

taught to students in every grade,

beginning in preschool, and schools

should involve youth as peer educators

about victimization and crime prevention. 

School-based education and prevention programs dealing with crime

should be available to all preschool and school-age children.

Government, the private sector, and the media should support innovative campaigns to inform parents and teachers about steps they can

take to prevent children from becoming victims of crime. Moreover,

teens are an enormous pool of untapped energy, talent, and enthusiasm. They should be involved as peer educators to teach younger

children about crime prevention and victimization. For example,Victim

Services, Inc., has developed a program called “Generation NeXt” to

provide a vehicle for young people to learn leadership skills to prevent

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Section 3: New Directions for Victim Service Providers and Allied Professionals
violence in their homes,schools, and communities. The program trains

young people to be peer educators on conflict resolution, victim

assistance, and multicultural communication.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #4

Schools should implement procedures to

help identify missing and exploited

children who may be enrolled in their

educational systems.

Each year, missing and abducted children are enrolled in schools

around the country, many by parental abductors. Schools should

require that the names of new student enrollments be forwarded to

the National Center for Missing and Exploited Children and state

clearinghouses that keep records of missing children.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #5

Age-appropriate sexual assault and dating

violence awareness and prevention

programs should be a required component

of school curricula. Schools should work

with law enforcement agencies and rape

crisis centers to develop strategies for

preventing sexual violence and for assisting victims of such crimes.

According to a 1992 study, 61 percent of American rape victims were

victimized before the age of 18, and 29 percent of forcible rapes

occurred when the victim was less than 11 years old. Moreover, 84

percent of rape victims never report the crime to the police.22 Sexual

assault education for America’s youth should be targeted to preteen

adolescent girls and boys and should stress the importance of reporting

sexual incidents to a teacher, trusted adult, or victim service agency.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #6

Colleges and universities should establish

comprehensive programs to assist

students, faculty members, and staff who

are victimized by crime. These programs

should be coordinated closely with local

crime victim assistance programs. 

My daughter was once a

happy, high spirited,

secure teenager with

good grades and was

popular among her

friends. One day when

my husband and I 

were not at home a

neighbor and acquaintance pushed her into 

a shed, knocked her

down, threatened her 

life, and forcefully raped

her. She never even had 

a first date.

The mother of a teenage

survivor of sexual assault

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Chapter 10: The Educational Community
Comprehensive services should be available to all campus victims.

Campus law enforcement should be informed of every victimization

reported by students, as should local law enforcement agencies.

Responses to victimized students should be guided by written

protocol, which must include, at a minimum, procedures for referring

victims to local victim assistance, health care, and mental health

providers and law enforcement agencies. The protocol should also

address immediate, intermediate, and long-term responses.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #7

Colleges and universities should offer

interdisciplinary credit courses on victim

issues and rights in departments that

train professionals who interact with

crime victims. Victim issues should 

also be incorporated into professional

licensing exams.

The following departments should offer at least one interdisciplinary

course in victims issues: criminal justice, law, psychology,social work,

health care,theology, education, and business. Additional specialized

courses may include crimes against women, hate and bias crimes, child

victimization, elder victimization, domestic violence, homicide, and drunk

driving. Professions requiring licensing or certification should include

victim issues in their professional exams.In addition, colleges and universities should develop degree programs that focus on victim issues, and

they should encourage students to conduct research in this area.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #8

All college and university campuses

should adopt sexual assault and dating

violence protocol that include clear definitions of proscribed conduct. These policies

should be disseminated to all students,

campus staff, and faculty. Campus staff

and faculty should be trained in

procedures for responding to students

who have been sexually assaulted.

Every college and university should develop, print, and distribute a

clear institutional policy against sexual assault to inform current and

prospective students, faculty, and staff that these crimes will not be

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Section 3: New Directions for Victim Service Providers and Allied Professionals
tolerated on campus. Policies should include definitions of sexual assault

and dating violence, data on the prevalence of these crimes on campus,

relevant provisions of the code of student conduct, and a description of

the school’s prevention strategies and victim assistance resources.

Colleges should periodically review and update their protocol as

new crimes emerge. For example, the Drug Induced Rape Prevention

and Punishment Act was signed into law in October 1996 as a result of

an alarming rise in the use of “rape drugs” on college campuses.23 The

law makes it a federal crime to distribute a controlled substance to an

individual without that individual’s knowledge and with the intent to

commit a crime of violence, including rape. In August 1997,Attorney

General Janet Reno joined the Rape Treatment Center (RTC) at Santa

Monica-UCLA Medical Center in launching a national effort to warn

college students of the dangers of two new drugs, Rohypnol and GHB,

that sexual predators use to incapacitate their victims before assaulting

them. The prevention campaign is supported by a broad partnership

of victim advocates, prosecutors, law enforcement agencies, and the

private sector, which has produced educational materials and public

service announcements about the dangers of the drugs for national

dissemination. All colleges should widely distribute information about

“rape drugs” and the new federal legislation.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #9

All school districts, colleges and universities should design and implement a

standardized system for documenting,

analyzing, and reporting crimes to 

law enforcement.

Schools and universities around the nation vary widely in how they

collect data on incidents of student violence and discipline and

whether or not they report to law enforcement.Without accurate 

and consistent data, it is difficult for educators to draw conclusions

about the impact of violence prevention programs in their schools.24

Increasing numbers of schools are recognizing the benefits of accurate

data collection and some have used new technologies to assist in this

process. For example, in Virginia, the Norfolk Public School District’s

School Management and Resource Teams program, funded by a joint

grant from the U.S. Departments of Education and Justice, includes a

simple-to-use, computerized system that is used in each of Norfolk’s

schools to collect data on the nature and location of violations. Student

names are not included to protect victims’ identity.

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Chapter 10: The Educational Community
EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #10

Schools, colleges and universities should

develop specialized education and

training programs for faculty, administrators, and staff on crime victim issues.

Although many school teachers, college faculty, and other staff

frequently face issues of crime and violence, most lack the training,

skills, and resources to address these sensitive issues.When a student

or coworker is victimized, many educators find themselves feeling

overwhelmed and unprepared to respond appropriately. Education

about victims’rights and services should be an integral part of training

for all school and university staff. Education should be interdisciplinary

and inform future educators about effective team approaches to

handling victims and offenders. In addition, all educators should

receive ongoing inservice training on these issues.

Campus administrators, faculty, board members,resident advisors,

campus security and police, and university mental health center staff

should also receive training on victim issues. Information about

specific crimes such as sexual assault, drunk driving, dating violence,

gang violence, and hate and bias crimes should be included in both

academic and training curricula.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #11

Victims should have certain rights in

disciplinary hearings involving crimes in

schools and on college campuses. These

rights should include the right to notice of

the hearing, the right to be accompanied

to the hearing by a person of their choice,

the right to give a victim impact statement

before a penalty is assessed, and the

right to be informed of the outcome of the

hearing. In addition, victims should be

protected from irrelevant questions about

their past sexual history. 

School and university disciplinary hearing procedures are set forth

in codes regulating student conduct and generally constitute an

informal trial before a panel of faculty or student representatives. To

encourage the reporting of crimes and to ensure fairness to victims

throughout the disciplinary process,schools and colleges should

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Section 3: New Directions for Victim Service Providers and Allied Professionals
include in student codes a statement of the rights of victims during

disciplinary proceedings conducted by the college or university.

25

Similarly,state education codes should be revised to establish rights

and protections for students who are victimized in their schools.(The

rights of victims’ in administrative proceedings are discussed in more

detail in Chapter 1.) When administratively handled cases are not

referred to local law enforcement agencies, the victim should be

informed of the reason.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #12

School and college campuses should

develop crisis response protocols so that

they are prepared to respond to major

incidents of violence.

A growing number of communities and institutions are developing

crisis response capabilities to respond to incidents of violent crime.

Since 1987, the National Organization for Victim Assistance (NOVA) has

coordinated a National Crisis Response Team Training Institute, which

trains service providers in community crisis response. NOVA, with

funding from the U.S. Departments of Justice and Education, is

currently developing a training program for school-based personnel on

effective responses to incidents of violence and serious victimization.

Every school and college campus should develop this crisis response

capability to ensure that victims receive appropriate services in the

aftermath of violence.

EDUCATIONAL COMMUNITY RECOMMENDATION FROM THE FIELD #13

School and university libraries should

incorporate resources on victim rights,

victim services, and violence prevention

into their collections and information

displays.

School and university libraries provide critical information to students,

teachers, and staff, and they should create specialized sections and

coding systems dedicated to publications on victim issues. Libraries can

play an important role in publicizing victim assistance and crime prevention information. For example, libraries can provide a public service by

displaying posters with the toll-free phone numbers of national organizations that assist victims of domestic violence,sexual assault, child abuse,

and drunk driving.In addition,school libraries should post listings of

local victim service organizations in a highly visible location.

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Chapter 10: The Educational Community
280

Section 3: New Directions for Victim Service Providers and Allied Professionals

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Bastian, L., and B.Taylor, School Crime:A National Crime Victimization Survey Report, Washington,

DC: National Institute of Justice, U.S. Department of Justice, 1991, NCJ 131645.

2 Nolin, M. J. and E. Davies, Student Victimization At School, Washington, D.C.: National Center for

Education Statistics,U.S. Department of Education, October 1995.

(Http://www.ed.gov/offices/OESE/SDFS/actguid/finding1.html, September 29, 1997.)

3 Wheeler, E. and S.A. Baron, Violence in Our Schools, Hospitals and Public Places:A Prevention and

Management Guide, California, Pathfinder Publishing, 1993:105.

4 Id.

5 Id.

6 Stephens, R., G. Butterfield, J. Arnette, and B. James, Student and Staff Victimization NSSC Resource

Paper, Malibu, CA: National School Safety Center, March 1996.

7 National School Safety Center News Service, “School Crime and Violence Prevention -- Parents

Make a Difference,” School Safety Update,Westlake Village: National School Safety Center News

Service, September 1993.

8 Stephens, Student and Staff Victimization NSSC Resource Paper.

9 Edsall,T.,“Mississippi Boy Held in School Killing Spree,” The Washington Post, October 2, 1997,A3.

10 Lal, S.,“Gangs: From Social Groups to Violent Delinquents” in Schwartz,W.(Ed), Preventing Youth

Violence in Urban Schools:An Essay Collection, 1996. (Http://ericweb.tc.columbia.edu/monograph).

11 Needle,A., and W.V. Stapleton, Police Handling of Youth Gangs: Reports of the National Juvenile

Assessment Centers, Sacramento, CA:American Justice Institute, U.S. Department of Justice, Office of

Juvenile Justice and Delinquency Prevention, 1983.

12 U.S. Department of Justice, Crime in the United States, Washington, DC: U.S. Department of Justice,

Federal Bureau of Investigation, 1994.

13 Bastian, School Crime:A National Crime Victimization Survey Report.

14 Coordinating Council on Juvenile Justice and Delinquency Prevention, Combating Violence and

Delinquency:The National Juvenile Justice Action Plan, Report,Washington, D.C.: U.S. Department

of Justice, Office of Juvenile Justice and Delinquency Prevention, 199:35.

15 Burnett, G. and G.Walz, Gangs in Schools, ERIC Clearinghouse on Urban Education Digest 

Number 99, July 1994 (http://eric-web.tc.columbia.edu/digests/dig99.html).

16 President’s Child Safety Partnership, A Report to the President, Washington: U.S. Government

Printing Office, 1987.

17 National Center for Education Statistics, Student Strategies to Avoid Harm at School, October 1995.

(http://www.ed.gov/offices/OESE/SDFS/actguid/finding2.html).

18 National Victim Center,INFOLINK, Arlington,VA: National Victim Center,Vol 1, No. 41.

19 Carrington, F.,“Campus Crime and Violence:A New Trend in Crime Victims’ Litigation.” The Virginia

Bar Association Journal, 1991:XVII.(1).

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Chapter 10: The Educational Community
20 National Center on Child Abuse and Neglect, Reporting Laws: Mandatory Reporters, Child Abuse

and Neglect Statutes Series #2,Washington, D.C.: U.S. Department of Health and Human Services,

Administration on Children,Youth and Families, December 1995.

21 Young, M.,“Violence in the Schools:A Domestic War Zone,”National Organization for Victim

Assistance Newsletter, Washington, D.C.: Issue #4, 1991.

22 Kilpatrick, D., A. Seymour, and C. Edmunds, Rape in America—A Report to the Nation, Arlington,

Virginia: National Victim Center & Crime Victims Research and Treatment Center,April 23, 1992.

23 Leeds, J.,“Reno Launches Drive Against ‘Date Rape Drugs,’” Los Angeles Times, August 12, 1997.

24 “Effective Data Collection for Safe Public Schools, Exemplary Practices,” In Creating Safe and Drug

Free Schools:An Action Guide, September 1996 (Http://www.ed.gov/oices/ OESE/

SDFS/actguid/datacol.html).

25 Adams,A. and G. Abarbanel, Sexual Assault on Campus:What Colleges Can Do, Santa Monica, CA:

Rape Treatment Center, Santa Monica Hospital Medical Center, 1988.

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Section 3: New Directions for Victim Service Providers and Allied Professionals
CHAPTER 11 

The Faith Community

Tens of millions of Americans call upon clergy and religious leaders

for spiritual guidance, support, and information in times of personal

crisis.2 One study found that people in crisis due to the death of

someone close were almost five times more likely to seek the aid of a

clergy person than all other mental health sources combined.3 While

the faith community has historically provided prison ministry

programs, few religious institutions have developed programs specifically to serve victims of crime.

Faith-based crime victim assistance programs were virtually nonexistent in 1982 when the President’s Task Force on Victims of Crime

released its Final Report. The Task Force encouraged the faith

community to recognize that “the victim certainly no less than the

victimizer is in need of aid, comfort, and spiritual ministry.”4 It

recommended that the ministry develop both seminary and inservice

training on the criminal justice system, the needs of victims, and ways

to restore victims’ spiritual and material health.

The faith community has made steady progress toward these goals.

With support from the Office for Victims of Crime (OVC), educational

initiatives on victim assistance have been developed in communities

across the country. Led by groups such as The Spiritual Dimension in

Victim Services in Denver, Colorado, these initiatives have included

training for parish clergy and hospital chaplains conducting ministries

in high-crime urban areas, training for crime victim service providers

seeking ways to involve the faith community in their efforts,

workshops at national and regional denominational events, and distribution of manuals, brochures, and other materials on victim assistance to

clergy and congregations.5

This section describes the wide range of victim assistance programs

established by the faith community in the past 15 years and suggests

specific ways in which communities of faith can more effectively assist

victims of crime.

Faith-Based Victim Assistance Programs

In communities across the country, faith-based victim assistance

programs have grown in number and expanded the services that they

provide. They are now an important source of support to victims and

their families.

Our families are torn by

violence. Our communities are destroyed by

violence. Our faith is 

tested by violence. 

We have an obligation 

to respond.1

Pastoral Message, U.S.

Catholic Conference, 1994

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Chapter 11: The Faith Community
• In Akron, Ohio, the Furnace Street Mission established one of the

first faith-based victim assistance programs in the United States 

in 1982. Today it serves more than 25,000 people a year, exemplifying how traditional ministries can be expanded to include crime

victim assistance.

• Neighbors Who Care, an interdenominational program, was founded

in 1992 as the victim-serving subsidiary of the large national organization, Prison Fellowship. The program enlists volunteers from

churches to provide direct services, primarily to victims of property

crime.Volunteers repair property and provide transportation, moving

assistance, and other vital services. The program recently expanded

to include services to victims of domestic violence and other crimes.

• African-American churches in the East Bay communities of

Northern California have joined together to conduct neighborhood

meetings and counseling after violent crimes and instances of

police officer misconduct.6

• In Jackson, Mississippi, Catholic Charities sponsors a shelter for

battered families that serves 350 women and children each year

from seven rural counties, providing transitional housing, legal

assistance, and individual and group counseling.

• The United States Catholic Conference has developed a number of

publications on crime victims’ issues. Confronting a Culture of

Violence—A Catholic Framework for Action highlights a number of

victim assistance and crime prevention activities in dioceses,

parishes, and schools across the country and calls for a major effort

to mobilize the Catholic community to confront the culture of

violence. When I Call for Help—A Pastoral Response to Domestic

Violence Against Women contains practical suggestions for assisting

women who are battered as well as men who abuse. Walk in the

Light—A Pastoral Response to Child Sexual Abuse reaches out to

people who have been abused, to abusers, and to pastors, pastoral

staff, and other church workers who can assist victims.

• Brother Modesto Leon of the Catholic Church in Los Angeles

operates a support and intervention program for mothers of

murdered Latino children. The mothers comfort each other and tell

their stories to gang members to prevent further gang violence and

death in the Los Angeles Latino community.

7

• In Memphis,Tennessee,Victims to Victory provides faith centered

support and healing to homicide survivors. Katherine (Kitty)

Lawson, an African-American ordained minister at Abundant Grace

Fellowship Church, founded Victims to Victory in 1995 in response

to the needs of a church family tormented by a double murder.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• Religious and spiritual organizations frequently invite victim assistance

organizations to use their space to conduct support groups, candlelight vigils, and other victim assistance activities. In Cleveland,

Mississippi, for example, Pastor Roderick Mitchell opened his church

in 1995 to a rape crisis program in need of a home. The church has

now expanded to provide services to all victims of crime through a

community-based organization called Exodus Center for Life.

• The Christian Society for the Healing of Dissociative Disorders is a

national consortium of psychiatrists, psychologists, and social

workers who combine therapeutic skill and spirituality in treating

ritualistically abused survivors. The Society is headquartered in

Bedford,Texas, and holds an annual conference of several hundred

participants to share treatment information.

Multidisciplinary Efforts

One of the most promising areas of the faith community’s response

to the victims’ movement has been the willingness of religious organizations to collaborate with the secular victim assistance community.

The programs discussed below illustrate how communities of faith can

work with organizations pursuing similar goals to provide comprehensive services to crime victims.

• Faith communities are “adopting” child protection social workers,

serving as a resource for them as they help children recover from

family violence. The programs, which have a significant presence in

California, Oklahoma, and other states, also help to educate congregations about child abuse and neglect and the large numbers of

children who suffer from these crimes.

• In Costa Mesa,California, Royal Family Kids Camps help congregations

sponsor summer camps for severely abused and neglected children.

To date, more than 4,000 children between the ages of 7 and 11 who

are in the custody of child protective services have enjoyed a week of

positive support in a safe and nurturing environment.

• The Center for Prevention of Sexual and Domestic Violence, affiliated

with the United Church of Christ of Seattle,Washington, directly

supports victims and survivors and promotes cooperation between

communities of faith and secular organizations across the country on

sexual and domestic violence issues. The center recently expanded

its activities to include education on clergy sexual misconduct and

assistance to the victims of this crime.

• The Colorado/Oklahoma Resource Council (CORC), a secular organization, was formed in Denver, Colorado, to provide resources to

victims of the bombing of the Alfred P. Murrah Federal Building in

Oklahoma City after the trial was moved to Denver, Colorado. CORC

By proclamation and

performance churches

must come forward to

give assistance to victims

of crime.

Pastor Roderick Mitchell, 

New Life Church, 

Cleveland, Mississippi

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Chapter 11: The Faith Community
established a spiritual needs committee to support those attending

the trial. CORC, the Denver Police Chaplaincy Corps, the Colorado

Council of Churches,The Spiritual Dimension in Victim Services, and

other organizations have established a multifaith coalition to assist

and provide counseling to the families.

Victim-Offender Dialogue

The community of faith has created numerous faith-based victimoffender mediation/dialogue programs in which meetings between

victims and offenders are arranged when victims request it and the

courts allow offenders to participate. Mediation/dialogue programs

allow offenders to confront the consequences of their crimes and then

work out contracts with victims to provide them with restitution.

Volunteers from the faith community are trained by professional

mediators to facilitate the dialogue, which must be undertaken with

great care to ensure that victims and offenders are prepared adequately

for what can be a painful healing process.

• The Mennonite-based Victim Offender Reconciliation Program in

Clovis, California, offers victim-offender dialogue services that have

been used widely in other communities of faith to help individuals

start the recovery process in the aftermath of victimization. The

program is supported by 42 churches and provides training to

Christian and Jewish communities.

Confidentiality and Reporting Crime 

to Law Enforcement

Religious leaders are responsible for ministering to all members of

their congregations, including those who may have committed

criminal acts. This obligation presents ethical and religious dilemmas

when crimes are confessed in confidentiality, especially if the criminal

activity is continuing. In these situations, clergy must weigh the

importance of respecting privileged communication in relation to the

need to protect victims and society from harm. To make responsible

decisions, clergy must have a full understanding of the law as well as

the nature and consequences of victimization.

Laws requiring the reporting of suspected child abuse highlight this

dilemma. All states mandate the reporting of child abuse by professionals who come into contact with children, and at least 30 states require

clergy to report child abuse in some circumstances. Only five of these

states, however, clearly require clergy to report in all circumstances,

leaving largely intact the traditional privilege given to communication

with clergy. But an increasing number of faith communities are modifying their codes of clergy conduct to require clergy to report suspected

child abuse and complete training on child abuse issues.

Victims of crime often

experience a crisis in

faith. How religious

leaders respond to 

their needs can be 

either a help or a

hindrance in healing.

Anne Delaplane, 

Associate Director, 

Spiritual Dimension in 

Victim Services, 

Denver, Colorado

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
• The Evangelical Lutheran Church in America gives this directive to

clergy:“Ordained ministers must respect privileged and confidential

communication and may not disclose such communication, except

with the express permission of the person who has confided it or if

the person is perceived to intend great harm to self or others.”8

• The Episcopalian Church requires 4 hours of training on child abuse

for those who work with children during their daily activities. This

requirement applies to all religious leaders as well as day care

providers. In addition, the Roman Catholic Church requires some

Archdiocese to receive similar training.

Recommendations From the Field for the

Faith Community

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #1

The faith community should recognize that

the victim, no less than the victimizer, is in

need of aid, comfort, and spiritual

ministry, and faith-based congregations

and organizations should provide

assistance to victims whenever possible.

There continues to be a general lack of education and understanding

of the needs of crime victims in the faith community. Recognition of

crime victims’ needs should be an integral part of the faith

community’s worship, life, and ministry.

In a 1992 survey of 97 denominational headquarters,respondents

were asked about their programs to assist crime victims. Most replied

that their programs were jail and prison ministries for offenders, not

victims.While these programs should not be diminished, it is insufficient for the faith community to address the spiritual needs of offenders without recognizing the spiritual needs of victims. The faith

community can and should conduct ministries for both.

While many denominations have mission statements that address

child abuse and neglect and domestic violence, these mission

statements should be expanded to include all victims of crime. All

denominations should adopt such statements and include them in

canons of ethics.

Many excellent examples of programs have been created and

supported by the faith community, from providing emergency property

repair, transportation, and other crisis services to supporting summer

camps for child abuse victims. These efforts should be expanded.

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Chapter 11: The Faith Community
FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #2

Courses on crime victimization and crime

victim assistance should be established in

clergy educational institutions and

theological seminaries, including both

worship and pastoral counseling courses. 

Because so many people in crisis seek clergy for assistance, professional schools that educate future religious and spiritual leaders must

provide a foundation of knowledge in the field of victim issues. Classes

should include the clergy’s role in intervening with crime victims,

appropriate courses of action that involve criminal justice, medical,

mental health, and social services referrals, and planning of worship

services centered around a crisis. Clergy should have education in

appropriate death notification following a sudden death as compared

to death following illness.

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #3

Continuing education on crime victimization and crime victim assistance should be

provided for all clergy and religious

leaders, including chaplains in hospitals,

police departments, and the military 

and other individuals within the faith

community who may come into contact

with victims.

Education about the consequences of victimization will increase the

faith community’s responsiveness to crime victims. To help spiritual

and religious leaders appropriately treat or refer serious trauma-related

cases that require indepth mental health intervention, they should be

trained to recognize symptoms of post-traumatic stress disorder and

other long-term psychological reactions to crime victimization. They

should also be knowledgeable about community,state, and national

resources that provide victim assistance.

Religious leaders often are among the first responders following a

sudden, violent death. Although most clergy are educated in traditional

grief counseling techniques, education on specific interventions for

trauma, grief, and loss following criminal victimization should be

provided. Clergy should also receive training on appropriate death

notification practices.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
Other groups within the faith community also interact with victims

and need education about victims’ issues and services. They include

Sunday school teachers, youth leaders, choir directors, and counselors

on prayer phone lines providing comfort and assistance to individuals

in crisis. Religious and spiritual organizations should identify such

groups within their memberships and make continuing education on

victims’ issues and services available to them.

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #4

Religious institutions at all levels should

cooperate with victim assistance agencies

and organizations to offer joint services to

victims of crime and to disseminate

publications on crime victim assistance. 

Religious organizations working in conjunction with victim

assistance agencies have the capacity to provide important services to

crime victims. During the trials of the bombing of the Alfred P. Murrah

Federal Building, for example,safe havens were established in local

churches by victim assistance providers to ensure that victims would

have a quiet place to meet and receive counseling. In another collaborative effort, the National Cathedral in Washington, D.C., worked with

Mothers Against Drunk Driving to hold the International Candlelight

Vigil of Remembrance and Hope in December 1997, which featured

the voices of victims and survivors of crime.

Efforts must be expanded to distribute victim assistance information,

including booklets, pamphlets, videos, and educational materials, more

widely in the community of faith. Ministerial associations and interfaith

alliances should be included routinely in the dissemination of victim

service information.

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #5

The clergy should provide training for

victim assistance providers, criminal justice

officials, state victim assistance administrators, compensation program directors, and

other public officials about the important

role they can play in assisting victims. 

State administrators, criminal justice-based victim assistance

providers, and other public officials are often uncomfortable dealing

with the faith community because they fear a blurring of the separa289

Chapter 11: The Faith Community
tion of church and state. The victim assistance community should

recognize that faith-based programs can play a significant role in

victim support as long as public funds are not used to promote

specific sectarian beliefs.Victim service providers should ask clergy

to help them react appropriately to people whose victimization

includes a faith crisis.

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #6

Requiring clergy to report suspected 

cases of child abuse should be seriously

considered by religious institutions and

governmental agencies, and appropriate

policies should be developed to ensure

the protection of children. Even in cases

involving confidential communications,

the clergy should hold the needs of

children paramount and recognize their

moral responsibility to help and protect

child victims. 

Many victims’ organizations believe that clergy should be required to

report suspected cases of abuse to law enforcement, even when

information is revealed within a confidential setting, and that clergy

should be held to the same mandatory reporting requirements and

standards as medical or mental health professionals and teachers.

Recently, many state legislatures have considered whether clergy

should be among those mandated to report child abuse and neglect in

view of their legal privilege of confidentiality. The results have been

mixed, with some states requiring clergy to report in all cases, other

states requiring reporting in selected cases, and most states exempting

clergy from reporting requirements when an offense is revealed in a

confidential pastoral counseling or confessional setting. However, all

states require clergy to report incidents of suspected child abuse while

serving as therapists,school administrators, or day care providers.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies
FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #7

Communities of faith should hold clergy

and other religious leaders in positions of

trust within their congregations accountable for crimes they commit, including

sexual acts against adults and children.

Policies and procedures should be

developed to ensure that appropriate

cases of clergy misconduct are referred to

law enforcement agencies.

Criminal background checks should be mandatory for all clergy, faith

community staff, and volunteers who work with children. A number of

high-profile civil legal actions have been brought against religious

leaders accused of child abuse or sexual assault and their religious

institutions for not reporting known incidents of abuse to law enforcement agencies.While those who commit such acts represent a small

percentage of the faith community, it is crucial that policies and

procedures be developed to ensure that these cases are handled with

utmost concern for the victim and that appropriate cases are not only

referred to law enforcement agencies but dealt with swiftly within the

institution to ensure the protection of others.

FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #8

Religious and spiritual leaders should be

encouraged to use their pulpits to educate

and sensitize their congregations about

crime and victimization issues. 

Religious and spiritual leaders have an opportunity to use their

positions to educate their congregations about crime and its impact—

information that could help the members of a congregation seek out the

services they need if they become victims of crime.Religious and

spiritual leaders could encourage congregations to join in the national

October observance of “Domestic Violence Awareness Month” and deliver

at least one sermon that month about the impact of family violence.In

addition,they could highlight crime victims’ issues during National Crime

Victims’Rights Week, generally held at the end of April. Each year,the

Office for Victims of Crime funds a National Crime Victims’Rights Week

kit which includes a sample sermon about victims’ issues.

The Catholic community

has much at stake and

much to contribute. What

we believe, where we are,

and how we live out our

faith can make a great

difference in the struggle

against violence. We see

the loss of lives. We serve

the victims. We feel the

fear. We must confront

this growing culture of

violence with a commitment to life, a vision of

hope, and a call to action. 

Pastoral Message of the 

U.S. Catholic Bishops, 

Confronting a Culture 

of Violence: 

A Catholic Framework 

for Action, 1995.

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Chapter 11: The Faith Community
FAITH COMMUNITY RECOMMENDATION FROM THE FIELD #9

Religious and spiritual leaders should be

willing to serve in leadership roles on

community crisis response teams providing

services in the aftermath of mass violence

and other crimes that have significant

impact upon entire communities. 

Religious and spiritual leaders can play a leadership role in helping

to ensure that their communities are prepared to respond to

community and individual needs following incidents of mass violence,

terrorism, or other major crimes. They can also volunteer to serve on

crisis response teams that provide assistance to other communities,

such as the teams organized by the National Organization for Victim

Assistance to debrief school children, teachers, and emergency responders following the bombing of the Alfred P. Murrah Federal Building.

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Section 2: New Directions for Criminal and Juvenile Justice System Agencies

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 United States Catholic Conference, Inc. Confronting a Culture of Violence:A Catholic Framework

for Action, Washington, D.C.: United States Catholic Conference, Inc., 1994:2.

2 Chalfant, H.P., P.L Heller,A. Roberts, D. Briones,Aguirre-Hockbaums and W. Farr,“The Clergy as a

Resource for Those Encountering Psychological Distress,” in Review of Religious Research, vol.31

no.3, 1990:305-313.

3 Verhoff, J., R. A.Kulka, and E. Douvan, Mental Health in America, New York: Basic Books, 1981.

4 President’s Task Force on Victims of Crime, Final Report, Washington, DC: Government Printing

Office, 1982:95-96.

5 Reverend D. Delaplane and A. Delaplane, Victims:A Manual for Clergy and Congregations, Denver,

Colorado:The Spiritual Dimension in Victim Services, 1996 (original edition published under a grant

from the U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime).

6 Brian Ogawa, Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims,

Sacramento, CA: Office of the Governor, State of California, Office of Criminal Justice 

Planning, 1990:272.

7 Id. at 267.

8 Evangelical Lutheran Church in America,“Definition and Guidelines for Discipline,” November 19,

1989, in Victims:A Manual for Clergy and Congregations, D. Delaplane and A. Delaplane, Denver

CO: 5th edition, 1989.

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Chapter 11: The Faith Community
CHAPTER 12 

The Business

Community

Floor of the New York Stock Exchange

Friday,April 19, 1996, 10:02 a.m., EST.

I was standing near a trading position . . . speaking to a harried

specialist about the hectic pace of the trading day. . . . A message

went out across the electronic ticker informing us that trading

would be halted shortly. The directors of the Exchange walked

out onto the balcony overlooking the floor. The bell was rung in

remembrance of the 168 victims of the Oklahoma City bombing.

There were 3,000 people on the floor. They all went silent. It was

an eerie feeling that for a whole minute the wheels of capitalism

had come grinding to a halt. Some people bowed their heads in

silent prayer for the people killed at the Oklahoma City federal

center. Others looked around, stunned by the rare sight of the

trading floor at a dead stop during the middle of a session. . . .

For that minute, even Wall Street bonded with the victims on

Main Street.

Aldo Svaldi, Reporter,The Denver Business Journal1

The New York Stock Exchange has not been alone in remembering

the victims of the worst terrorist attack on American soil. Businesses

across the nation, particularly in Oklahoma City and Denver, Colorado,

the site of the bombing trial, have given generously to the victims in

time, money, and emotional support. In fact, the private sector has

taken giant steps toward meeting the recommendations of the 

Final Report of the 1982 President’s Task Force on Victims of Crime,

which stated that:

• Businesses should authorize paid administrative leave for employees

who must miss work because of injuries sustained in a violent crime,

and for employees who must attend court hearings.

• Businesses should establish employee assistance programs for

victims of crime.

• Creditors should make liberal allowances for persons who are

unable to make timely payments because of recent victimization.

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Chapter 12: The Business Community
• The private sector should encourage private contributions of

money and other support to victim service agencies, whether

public or private.

In the past 15 years, employers have begun to recognize that it is

good business to offer employees a full spectrum of assistance

programs to help them deal with problems, including criminal victimization, that affect job performance and the safety of the workplace.

Employee assistance programs are now routinely offered in many

workplaces. Some enlightened employers and unions are implementing

policies to prevent violence in the workplace and to assist employees

who become victims. Unfortunately, many barriers still block corporate

America’s ability and willingness to respond fully and appropriately to

crime victims.2 This chapter highlights innovative corporate

approaches to assisting victims and responding to workplace violence

and proposes recommendations to improve the business community’s

response to violence.

Cash and In-kind Corporate Contributions

The hundreds of companies that have made monetary and in-kind

donations to individual victims and community victim services in the

past few years are too numerous to name. The examples below were

chosen to illustrate the variety of private sector contributions. For

many companies, their response followed a violent crime that affected

the organization’s employees, customers, or community.

• In 1988,Warner Bros. Television helped to establish a medical clinic to

provide pediatric forensic examinations of children suspected to be

victims of sexual abuse.Instead of giving holiday gifts to their producers and actors,they made a difference in the community by supporting expert medical care for abused children in a child-friendly setting.

The company continues to fund the clinic, which is a program of the

Rape Treatment Center at Santa Monica-UCLA Medical Center.

• Kaiser Permanente signed on as the title sponsor for a 5K/10K run in

June 1996 to raise money for college scholarships for youth whose lives

have been affected by violent crime. The program was started by a

group,“Friends of Janie,” formed to help the Fountain Valley,California,

Police Department in apprehending the killer of Jane Carver.Carver’s

husband was a longtime Kaiser Permanente employee.

3

• Bank of America donated $50,000 to the Los Angeles Police

Memorial Foundation and $50,000 to the Los Angeles City

Attorney’s Victim Assistance Program after armed robbers brandishing automatic weapons entered a branch office and forced employees and customers into the bank vault. Several police officers and

local residents were shot.4

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Section 3: New Directions for Victim Service Providers and Allied Professionals
• The outpouring of help for the victims and families of victims of the

Long Island Railroad shooting massacre included donations from

singer Mariah Carey from the profits of her hit single “Hero” and an

offer by the Mitchel Field physical therapy and rehabilitation center

to provide its services free of charge to the injured.5

• Marshalls Inc., a national retailer headquartered in Andover,

Massachusetts, issued a “Business 4 Family”Challenge, encouraging

other firms to join in raising funds to support victims of domestic

violence. Marshalls donated a portion of sales from its 460 stores

nationwide as part of its “Shop ’till it Stops!” day. Additional contributions were raised by Vanity Fair Corporation, Sodexho, IBM,

FootAction, Bradlees, Jordan’s Furniture, Frugal Fannie’s, Charette Art

Supply, and several Boston law firms.6

• Polaroid Corporation, a leader in innovative human resources

policies, donates substantial funds through the Polaroid Foundation

to battered women’s shelters throughout Massachusetts.

Polaroid’s CEO Project encourages local businesses to “adopt” a

women’s shelter, providing financial support, in-kind assistance,

volunteers, and advocacy.

• Countrywide Moving and Storage, an independent small business in

Texas, provides free moving and storage to help victims move out of

an abusive home and resettle in a safer environment.

• The Rykä R.O.S.E.(Regaining One’s Self Esteem) Foundation,

established by Sheri Poe, a sexual assault survivor and owner of a

highly successful Massachusetts-based athletic shoe business, Rykä,

Inc., funds education, prevention, and treatment programs to help

end violence against women.

• Many cellular phones and communication service companies, including Cellular One,AT&T, BellSouth Mobility (Atlanta), First Cellular

Omaha,AirTouch Cellular Company (Phoenix), and Bell Atlantic Nynex

Mobile (New Jersey), donate cellular phones programmed to call 911

to stalking victims and victims of domestic abuse. These lifeline

projects are coordinated by local law enforcement and domestic

violence shelters.Communications companies have also donated voice

mail boxes for women in abusive situations to receive messages from

family members, advocates,the police, and their attorneys.7

• ADT Security Services has begun a nationwide program to donate

security systems and emergency electronic necklaces to aid battered

women. A woman in danger can squeeze the necklace and a silent

signal will be sent to a security operator, who contacts the police.8

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Chapter 12: The Business Community
• A prominent advertising agency, Dailey and Associates, collaborated

with Santa Monica’s Rape Treatment Center to produce educational

materials for a national campus rape campaign. As a result of this

effort, posters and brochures as well as television and radio public

service announcements were made available to college campuses

across the country.

The arts and entertainment industry has initiated innovative victim

assistance efforts, including:

• America’s first nationwide sexual abuse hotline, 1-800-656-HOPE, was

launched by pop star Tori Amos, whose song “Me and a Gun”

describes her own harrowing experience as a rape victim. The

hotline is operated by the Rape,Abuse & Incest National Network

(RAINN) based in Washington, D.C.

• Austin,Texas, musician Tony Murillo, whose mother was murdered

over 10 years ago, organizes annual “When the Music Stops” benefit

concerts during National Crime Victims Rights Week. All proceeds

go to crime victims.

• Artist Peter Max painted four portraits of 17-year-old Corie Williams,

a student slain by gang gunfire in Compton, California, as she rode a

bus home from high school in January 1997. Copies of the original

artwork will be used as billboards announcing a “Stop the Violence,

Start the Peace” campaign.9

• A group of prominent professional athletes led by Don Edwards 

and 15 NFL alumni from the Los Angeles Raiders, Pittsburgh

Steelers, Kansas City Chiefs, and other teams, established the

Athletes Helping Kids campaign as well as free football clinics and

stay-in-school programs for inner-city youth at risk of violence.

Mr. Edwards also arranged for noted athletes to provide assistance

to children in Oklahoma City following the bombing of the Alfred 

P. Murrah Federal Building.

By producing memorable programs, the television industry has

dramatically increased public awareness about crime victims’ issues,

particularly in the area of child abuse,sexual assault, gun violence,

stalking and domestic violence.

• In the 1970s, CBS aired an Emmy-award winning episode of All In

The Family in which Edith Bunker was a victim of an attempted

rape. The production company,Tandem Productions, underwrote a

national campaign in which educational materials about rape and a

discussion guide for rape crisis centers to use in local communities

were distributed nationwide.

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• The first television movie to deal with the topic of incest, Something

About Amelia, had a major impact on focusing public attention on

the need to report the crime and treat its victims and perpetrators.

• More than 15 years ago, Hill Street Blues was the first television

series to introduce the role of a victim advocate.

• In the 1980s,the movie Adam’s Story brought national attention to

the tragedy of abducted children. A true story produced with input

from Adam’s parents,John and Reva Walsh, it helped to publicize the

National Center for Missing and Exploited Children’s toll-free hotline.

• NBC televises public service announcements and hotline numbers

after airing movies that publicize the trauma of victimization.

Examples include Schindler’s List (hate crimes), She Cried No

(campus date rape), Fight for Justice:The Nancy Conn Story

(victims’rights), and The Burning Bed (domestic violence).

• HBO has produced and aired several documentaries on gun violence

including 5 American Handguns, 5 American Kids and Guns:A

Day in the Death of America. HBO also produced and aired a

special on workplace violence, Murder 9 to 5.

• In 1993, CBS aired I Can Make You Love Me:The Stalking of Laura

Black. The National Victim Center’s toll-free information and referral

service was publicized during the show and received more than

15,000 calls in 36 hours.

• For more than two television seasons,ABC’s NYPD Blue developed

a leading character who has helped to educate the public about

the long-term effects of childhood sexual abuse, which are 

complicated by the common occurrence of the victim keeping 

the secret until adulthood.

Workplace Violence

The National Institute for Occupational Safety and Health reports

that murder is the leading cause of death for women at work, and

third leading cause of death for men.While some occupations are

clearly at higher risk for violence—law enforcement, retail, and

emergency medical professionals, to name a few—no group is

immune from workplace violence. It attacks the public and private

sector alike. A pawn shop owner, a convenience store clerk, a

psychologist, two sanitation workers, a tavern owner, a fisherman, a

cook, two cab drivers, a furniture store owner, a restaurant manager, a

maintenance supervisor, a video store owner, and a postal carrier

were all murdered at work in this country in one week, according to

the Centers for Disease Control. Each year, nearly one million individuals become victims of violent crime while working or on duty,

A man fired 9 months

earlier from an insurance

company in Tampa,

Florida, returned to the

cafeteria of his former

employer and began

shooting. Within minutes,

five people were wounded,

three of whom died.“This

is what you get for firing

me,” he uttered as he fled

the scene. These were the

last words his coworkers

would ever hear. 

He drove a rental car to 

a park where he used to

play frisbee and committed suicide. In many

ways, he was a classic,

violence-prone exemployee, and in many

ways, he was not. But the

type of crime he committed is on the rise and is

one of the newest and

most threatening dangers

in the workplace.

FBI Law Enforcement Bulletin, 

April 1995

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costing an average of 3.5 days of missed work per crime.10 Five

percent of women victimized at work are attacked by a husband, exhusband, boyfriend, or ex-boyfriend.11

Whenever a violent incident occurs in the workplace, there is great

potential for physical, emotional, and financial damage to both primary

and secondary victims as well as the entire community.Victimization

and its consequences must be dealt with by employee victims, but they

need assistance, information, and referrals to do it effectively. The

reaction,support, and assistance of management and crisis responders

are crucial to survivors of workplace violence. Secondary victimization

can occur if the reaction and response of colleagues and management

are ineffectual and uncaring.

Businesses are beginning to take a serious look at the threats and

damage to their employees and workplaces from violent workplace

incidents. They are developing prevention efforts to keep violence out

of the workplace, including instituting security measures and hiring

psychologists to develop risk assessment profiles of typical workplace

killers.When violence strikes, employers now realize that they must

deal with both the physical injury and the emotional consequences of

trauma. Onsite and offsite employee assistance programs—which

typically deal with drinking, drug abuse, and other family problems—

are used by nearly 50 percent of organizations in the aftermath of

workplace violence.12

In Columbia, South Carolina, Post Trauma Resources has a team of

specially trained mental health providers that are available 24 hours a

day to respond to the needs of survivors of personal, work, and dutyrelated trauma. Founded in 1982 to serve the needs of Vietnam

veterans and their families, today Post Trauma Resources responds to

over 150 violence-related incidents each year that occur in business,

law enforcement, corrections, and other settings.The group works

closely with the business community in providing specialized trauma

response in the aftermath of incidents such as bank robberies and

workplace shootings as well as in safety planning.

Other organizations use ad hoc crisis management teams or

independent trauma consultants. The National Organization for Victim

Assistance (NOVA), for example, has initiated a National Community

Crisis Response Team project to respond to violent incidents in

workplaces. The project was started after NOVA led a team to assist

the community of Edmond, Oklahoma, in the aftermath of the slaying

of 14 post office employees in August 1986. Another innovative

response is sponsored by Mothers Against Drunk Driving, which

publishes “Monday Mourning” to assist businesses when an employee

or employee’s family member is killed by a drunk driver.

When business and

industry take an active

role in prevention

planning and response to

violence at work, the

human and financial

losses can be significantly

reduced.

Dr. Lawrence Bergmann,

President, 

Post Trauma Resources, 

Columbia, South Carolina

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Section 3: New Directions for Victim Service Providers and Allied Professionals
In early 1997,the National Victim Center,through an Office for

Victims of Crime grant, convened a major workplace violence

symposium to improve the capacity and preparedness of employers and

victim assistance providers to respond to the unique needs of victims of

workplace violence. Participants represented a broad cross-section of

fields of expertise related to issues of workplace violence victimization,

including victim service professionals, management and human

resource professionals, employee assistance professionals, union

representatives,representatives from governmental research and regulatory agencies related to workplaces,researchers, workplace violence

experts, mental health professionals, and representatives from the

military and law enforcement. Participants also included three victims of

workplace violence. Participants shared information about promising

practices, worked in small multidisciplinary groups to identify areas for

further action, and produced recommendations to improve the

response to victims of incidents of workplace violence,some of which

are included in this report.

Domestic Violence and the Workplace

Whether domestic violence impacts a workplace directly because

a batterer follows his prey to her job site, or indirectly by affecting an

employee’s job performance, employers are beginning to take responsibility for assisting employees who are victimized. The National

Workplace Resource Center on Domestic Violence, a project of the

Family Violence Prevention Fund in San Francisco, California,serves

as a focal point for national and local responses to domestic violence

as a workplace issue. The center was founded in 1995 by a broadbased national coalition of business, labor, and advocacy organizations.With support from the Office for Victims of Crime, the center is

building on the pioneering work of companies like Polaroid, Liz

Claiborne, the Gap, and Kaiser Permanente to educate other private

and public employers, as well as the unions representing their

workers, that domestic violence is a workplace issue. Some of the

promising programs initiated by companies affiliated with the center

are described below.

• In 1984, the Polaroid Corporation in Cambridge, Massachusetts, dealt

with its first known case of domestic violence. Since that time, a

concerted effort has evolved within the corporation to develop a

comprehensive program to respond to the issue. Polaroid has 

made a commitment to domestic violence awareness, prevention,

and response corporationwide, encompassing the company’s

employee assistance, human resources, legal, medical,security, and

ombudsperson departments.

If you [as an employer]

know someone is being

abused, until you have

done everything you can

to help them, you are not

doing your job.

Jerome Rossi, 

President, Marshalls, Inc.

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• In 1991, Liz Claiborne, Inc., began its WOMEN’S WORK campaign, a

collaborative effort with public agencies to increase awareness of

domestic violence. The campaign promotes public awareness

through multimedia public service announcements, posters, tee

shirts, mugs, and brochures.

• Since 1995,Aetna, Inc., based in Hartford, Connecticut, has integrated

domestic violence prevention education and awareness into

“Aenhance,” its nationwide employee wellness program, thereby

making education and prevention a routine part of its commitment

to employee health and well-being. The company observes the

annual Work to End Domestic Violence Day sponsored by the Family

Violence Prevention Fund, holds workplace seminars, mounts art

exhibitions on domestic violence, and publishes articles about

domestic violence in employee publications. In 1996,Aetna, Inc.

acquired USHealthcare, to form Aetna/USHealthcare, which offers a

domestic violence training program to its network physicians.

• Since 1979,AFSCME District Council 37 in New York City has offered

free legal and social services to members who are victims of

domestic violence. These services include counseling, measures to

protect members’safety, emergency housing relocation,referrals to

shelters, and legal assistance including help obtaining orders of

protection. AFSCME’s Women’s Rights Department has produced a

domestic violence guide for all members,stewards, and labormanagement representatives.

• Florida Governor Lawton Chiles convened the state's first Interagency Workgroup on the Impact of Domestic Violence on the

Workplace on July 1, 1996, as part of his administration’s Task Force

on Domestic and Sexual Violence. The mission of the workgroup,

which includes representatives from each state agency in Florida, is

to heighten public awareness of domestic violence and to promote

statewide guidelines for workplace domestic violence polices.

• Kaiser Permanente’s Southern California branch, based in Pasadena,

California, made a yearlong commitment in 1997 to educate its

corporate employee assistance program (EAP) customers about the

impact of domestic violence on their workforces. The company held

a series of conferences for EAP managers and professionals throughout southern California, educating them on basic domestic violence

issues including domestic violence in the workplace, the relationship

between domestic violence and chemical dependency, and effective

interventions and services for victims. In 1996, the CEO of Kaiser

Permanente spoke to employees about domestic violence on Work

to End Domestic Violence Day.

Domestic violence follows

our state employees to

work and directly impacts

the health, safety, and

welfare of our state

workforce...In February of

1996, at 4:30 one

afternoon, an employee of

our state’s Department of

Revenue was gunned

down by her husband,

who then killed himself.

Workers in offices

statewide were shocked

and saddened when they

heard about this tragedy.

They want to know what

to do....As Governors we

are in a unique position

not only to help pass

important laws and

recommend policies to

law enforcement, the

courts or social service

agencies, but also to help

our state employees lead

safer, healthier lives.

Governor Lawton Chiles,

Florida, September 1996 letter

to the nation’s governors in

support of Domestic Violence

Awareness Month

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Section 3: New Directions for Victim Service Providers and Allied Professionals
• Mintz, Levin, Cohn, Ferris, Glovksy & Popeo, PC, a large law firm with

offices in Boston and Washington, D.C., has created the Mintz Levin

Domestic Violence Project to provide free legal representation to

victims of domestic violence. To respond to the needs of its own

employees, Mintz Levin has instituted workplace guidelines on

domestic violence and offers legal assistance to employees threatened by domestic violence.

Recommendations from the Field for 

the Business Community

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #1

Business leaders should commit resources

in addition to money to victim assistance

and crime prevention efforts. 

The easiest way for businesses to contribute to crime victims’ needs

is by writing a check.While monetary donations are always important

and can be used to effect significant change, corporate America can

assist in many other ways. For example, copy machines, computers,

telephones, fax machines, and conference rooms can be made available

to victim organizations after business hours or on weekends; delivery

trucks can be used to transport equipment for nonprofit fundraising

events; and employees can be encouraged to become volunteers,

perhaps with a few hours of company time.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #2

All managers, supervisors, union officials,

shop stewards, and other designated

employee representatives should receive

training on how workplace violence

impacts employees and the company;

how to develop and implement policies

and procedures to resolve conflicts before

they erupt into violence; and how to

develop and implement crisis response

plans in the aftermath of violence. 

Workplace violence cost companies $4.2 billion in lost work, claims,

and legal expenses in 1992. According to the National Safe Workplace

Institute, the cost to employers of a single episode of violence can

amount to $250,000.Violence interrupts business with customers and

reduces employee productivity. Costly repairs and cleanup may be

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required.Valued employees may quit or retire early because they fear

the workplace is no longer safe. By being prepared, however,

companies can minimize the damage from violent crises and facilitate a

smoother transition to normalcy.

Although most companies have policies in place for fire and

earthquake emergencies, and plans and contingencies for weather

emergencies, many do not have policies for responding to workplace

violence incidents. To respond effectively to workplace violence and

its traumatic aftermath, companies must have procedures in place to

meet the needs of victims. Personnel policies and procedures should

be developed to address such issues before and after acts of violence

whether they occur on or off the job. A company’s polices should

include options such as employee transfers, disciplinary measures, and

termination. Implementation of these options should be accompanied

by education for all relevant parties about risk assessment, the causes

of violence, the needs of victims, and models for violence prevention.

Human resource professionals should be educated about making

appropriate referrals to community resources and services.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #3

In cases of serious trauma and multiple

victims, employees should be assisted by

long-term expert psychological counseling.

Companies should be prepared to refer employees victimized at

work to victim assistance and counseling agencies. In cases of high

trauma, employee assistance programs may not be equipped to

respond adequately. Individual and group crisis intervention and

counseling is often needed to assist traumatized employees. Surveys

show that employees who receive prolonged counseling and 

assistance after a violent incident are more productive and less likely 

to file lawsuits.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #4

Counseling for psychological injuries

suffered by victims of terrorist attacks in

the workplace should be covered by

worker’s compensation and other

employer-sponsored insurance.

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Section 3: New Directions for Victim Service Providers and Allied Professionals
In the aftermath of the 1993 bombing of the World Trade Center 

in New York City, and the massive truck bomb explosion at the Alfred P.

Murrah Federal Building in Oklahoma City in 1995, many security experts

have come to believe that terrorism is now a part of American life.

Insurance attorneys initially refused to recognize workers’ claims for

psychological damage as a result of these terrorist acts, but judges in

Oklahoma have ordered insurance companies to provide such coverage.13

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #5

Workplace policies and programs 

should be responsive to the needs of 

all crime victims, including victims of

domestic violence. 

Because domestic violence as a workplace issue has only recently

come to the attention of employers and unions, many businesses do not

know how to respond. Managers and supervisors, unions representatives, human resource personnel, company security, legal departments,

employee health services, and employee assistance professionals should

develop clear guidelines and policies on domestic violence that ensure

victims access to all available workplace and community resources.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #6

Employers and unions should work

together to adopt leave and benefit policies

that accommodate the needs of victimized

employees to go to court, counseling, or a

shelter without penalizing them with

unexcused absences or dismissal.

Victims of crime often need time to meet with prosecutors and

appear in court. Some victims need counseling to deal with the

aftermath of horrendous crimes.When victims of domestic violence

begin to make changes in their lives to escape their abuser, they must

use normal business hours to take care of legal, financial, and personal

safety issues. It is not possible to break away from an abusive situation

without taking these steps. One of the most important actions that

employers and unions can take for victims is to ensure that they have

the time they need to consult lawyers, go to court, meet with law

enforcement officials, and receive counseling services.

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Chapter 12: The Business Community
As President Clinton stated in a Rose Garden address on 

June 25, 1996:

There ought to be, I believe, in every law, federal and state, a

protection for victims who participate in the criminal justice

process not to be discriminated against on the job because they

have to take time off. That protection today is accorded to jury

members; it certainly ought to extend to people who are victims

who need to be in the criminal justice process.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #7

All managers, supervisors, union officials,

and shop stewards should receive

training on how to recognize signs of

domestic violence in their staff and apply

organizational policies and programs to

employees or members who are victims

of domestic violence. 

Prudent managers and union officials know that the success of

even the best policies and programs is determined by how well those

who implement them at the front line of the organization are trained.

Because of the sensitivity of many of the issues involved in an abusive

relationship,supervisors and shop stewards need to be trained in how

to deal with domestic violence situations. In some large organizations,

because it is not possible to train all supervisory and union staff, it

may be appropriate to issue written guidelines, policy manuals, or

other materials. Regardless of the form it takes, training should include

basic facts about domestic violence, the organization’s commitment to

providing a supportive environment for victims, advice for talking

with victims about performance-related problems, and guidelines for

making appropriate and timely referrals to services within the

company and the community.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #8

Employee assistance program (EAP) staff,

corporate fitness and wellness programs,

and workplace health services providers

such as occupational nurses and medical

directors should receive specialized

training in how to deal with employees

who have been victimized.

Administrators or

executives who allow

violent actions, words, or

threats to go unnoticed

without discipline are

sanctioning violence.

Ann Wolbert Burgess, 

Examining Violence in the

Workplace, Journal of

Psychosocial Nursing, 1994

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Section 3: New Directions for Victim Service Providers and Allied Professionals
While supervisors and shop stewards may have initial responsibility

for referring crime victims to internal services,the social workers in the

EAP and medical personnel in the company’s health care unit provide

the services. In recent years, organizations representing social workers,

physicians, and nurses have begun to define how their professions can

best serve the needs of crime victims. Businesses should ensure that

their provider staff receive the best possible training on victimization

issues and develop liaisons with local victim assistance services.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #9

All workplaces should educate their

employees to increase awareness of

domestic violence and sexual assault as

societal and workplace issues. Such

education will promote compassionate

responses to the needs of these victims

and will serve to encourage victims to

seek services available to them in the

workplace and in their communities.

Domestic violence and sexual assault are crimes not well understood

by society at large.Victims of these crimes are burdened with negative

stereotypes, and the impact of domestic violence and sexual assault is

not generally appreciated.Victims of domestic violence usually live in

fear of family, friends, neighbors, and employers discovering that they

are being abused.Workplaces can send compassionate, well-informed

messages to all employees, whether or not they are victims,to begin

changing societal attitudes.In doing so, employers and unions will

provide a supportive environment in which victims can feel comfortable requesting services and help from the organization.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #10

Research is needed that focuses on the

risks and costs of workplace victimization

to both the company and the employee. 

Research is necessary to enhance public awareness of the scope,

incident rate, and total impact of workplace violence. Studies are

needed on the costs of workplace violence in lost productivity, the

financial resources spent implementing workplace safety measures, the

costs of workplace violence-related litigation, and the effect of 

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Chapter 12: The Business Community
workplace violence on a company’s image. Research should also be

conducted to determine which victim assistance and service programs

have the greatest impact on employee morale and productivity.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #11

Due to the complex issues and effects of

workplace victimization, a comprehensive,

multidisciplinary approach to delivering

services for these victims must be

developed and implemented at the

national, state, and local levels.

A multidisciplinary approach to addressing the needs of workplace

victims must include professionals and experts from a wide range of

fields, including general and specific victim services; employee

assistance services; mental health services; human resources and

management; the legal profession, including prosecutors and civil,

labor, and domestic dispute lawyers; workers’ compensation; labor

unions; and security and law enforcement agencies. The victim

services field must build collaboration and implement cross-training

between victim service professions, employee assistance professions,

and labor-related groups to build understanding of the victimization

experience and its short-term and long-term impact and consequences,

as well as to develop an understanding of labor issues and initiatives.

Moreover, the victim services field must encourage collaboration

between all these professional groups on responding more effectively

to workplace victimization and related issues. It is imperative that

multidisciplinary groups work together to improve the capacity and

preparedness of employers and employee assistance and victim

assistance providers to respond to the unique needs of victims of

workplace violence.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #12

Employers should adopt policies and

practices that accommodate crime victims

who suffer physical and psychological

disabilities as a result of their victimization in accordance with the Americans

with Disabilities Act (ADA).14

Crime victims often pay a heavy price for the violence they suffer,but

employers have it within their power to reduce the price victims pay in

their professional lives.By its nature, violent crime inflicts serious physical

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Section 3: New Directions for Victim Service Providers and Allied Professionals
and psychological injuries on its victims which may give rise to temporary

or even permanent disabilities.If an employee suffers a temporary or

permanent disability as a result of their victimization,employers are

required to make reasonable accommodations under the Americans with

Disabilities Act (ADA).But employers should be encouraged to go beyond

the letter of the law to accommodate employees who are harmed by

crime—particularly when employees are injured in the line of duty.

The ADA also bars discrimination against victims with disabilities on the

basis of their disability.Victims injured by crime are often doubly disadvantaged in economic terms.Many not only lose their jobs due to incapacitation but are saddled with considerable financial debt as the result of lost

wages and medical bills.When they are ready to return to the workforce,

victims are forced to compete for the first time in an employment market

with a disability.It is unfair to expect victims to shoulder such a disproportionate share of the burden for crime in our society.Employers should be

encouraged to make every effort to hire victims who,while they may have

special needs,are more than capable of doing the job.Indeed,many such

victims are more highly motivated to succeed on the job than those who

have not had to overcome the challenges of being a victim of crime.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #13

Employers should report all violent crime

that occurs on their premises and encourage their employees to do likewise.

Some employers have failed to report violent crime that occurs on

their premises based on the mistaken view that the crime is not serious

enough or that they can handle it themselves. Others fail to report

violent crime because they fear that publicity of violent incidents may

negatively impact their image in the community. Such misguided motivations have led to tragedy on more than a few occasions and left employers exposed to considerable legal liability. To avoid these problems,

employers should report violent crime to authorities and inform their

work force so that they can take appropriate precautions for their safety.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #14

Worker’s compensation programs should

be combined with employee benefit

programs to cover all expenses and lost

income employees incur as the result of

violent victimization on the job. 

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Chapter 12: The Business Community
Worker’s compensation programs and employee benefits such as

health and disability insurance are intended to provide for the economic

needs of employees who are injured on the job.While employers should

make every effort to prevent violence in the workplace, when employees are injured by crime in the course of service to their employers,they

should not be made to suffer financial ruin in addition to the physical

and psychological hardships they are forced to endure. Employers, in

conjunction with policymakers, have a responsibility to provide for the

financial well-being of victimized employees through public and private

compensation programs and insurance policies.

BUSINESS COMMUNITY RECOMMENDATION FROM THE FIELD #15

Employers should develop and implement

crime prevention and safety measures to

protect their employees, clients, and

customers.

Studies clearly indicate that crime has an impact on where people

choose to work and where they choose to shop. This fact has important

implications for all employers generally and retail business specifically.It

is in the interest of both to develop and implement measures that deter

crime and enhance safety in their workplace.Indeed,failure to provide

minimum safety measure will likely expose employers and business to

considerable legal liability from employees and customers alike.

Apart from adopting traditional strategies to enhance security,such

as installing better lighting and surveillance cameras and hiring

security guards, businesses can establish personnel practices which

foster a safer workplace. For example, businesses need to take steps to

secure their employees, including controlling how people enter and

move about their premises and information concerning the

whereabouts of employees. Employers should control access to

secluded areas of their premises such as parking lots and restrooms

and closely control keys and codes that access such areas. Personnel

departments should conduct criminal background checks and adopt

screening policies in their hiring practices. Managers should be trained

to identify signs that may indicate violent tendencies among employees

and develop strategies to deal effectively with such threats.

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Section 3: New Directions for Victim Service Providers and Allied Professionals

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 “It was Silence Heard and Felt on Wall St.,” Denver Business Journal, April 26, 1996, 1996 WL

10036078.

2 See generally, Isaac, N. E., Corporate Sector Response to Domestic Violence, supported under

National Institute of Justice award No. 94-IJ-CX-0050.

3 “First Annual ‘Friends of Janie’ Memorial Run Scheduled for June 8”, Business Wire, May 8, 1996.

4 “Bank of America Announces Donations to Police,Victim Organizations,” PR Newswire,

March 3, 1997.

5 “Outpouring of Help: From Superstar to Strangers, Hundreds Reach Out to Victims,”Newsday,

Nassau and Suffolk Edition, December 15, 1993, News Section:7.

6 Isaac, Corporate Sector Response to Domestic Violence.

7 See “High-Tech Protection for Victims of Abuse,” Los Angeles Times, September 9, 1997,A1.

8 “Public-Private Effort to Aid Battered Women Begun,” The Richmond Times Dispatch,

March 26, 1997, B3.

9 “Artist Helps Woman Honor Memory of Slain Daughter,” Los Angeles Times, March 20, 1997,

Metro Section:5.

10 Bachman, R., Violence and Theft in the Workplace, Crime Data Brief,Washington, D.C.: U.S.

Department of Justice, July 1994, NCJ 148199.

11 Id.

12 Survey of 1000 human resource professionals, of which 479 responded, conducted by the

Society for Human Resources Management (SHRM). Employee Assistance Program Digest,

March/April 1994, 25.

13 Dilworth, D.C.,“Very Special Cases:Attorneys Seek Remedies for Victims of Terrorism,” TRIAL,

February 1, 1997, 1997 WL 9957654.

14 42 U.S.C. 12101 (see also, Department of Justice Internet Web Page on the subject:

www.usdoj.gov/crt/ada/adahoml.htm)

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Chapter 12: The Business Community
CHAPTER 13

The News Media

Community

The news media play a significant role in public safety by providing

important information about the nature and extent of crime occurring

in communities and efforts to prevent crime and assist victims.

However, this coverage sometimes raises legitimate concerns about the

rights of crime victims to privacy in the vulnerable aftermath of victimization, particularly in high profile cases. In some cases, victims

perceive aggressive, insensitive reporting as a direct threat to their

ability to grieve with dignity and to their personal safety.

Timely and sensitive coverage of victims’ cases can be helpful, particularly when it publicizes the abduction of a missing child or provides

information on emergency crisis services following a communitywide

disaster. High-profile coverage of specific cases and emerging crimes

has contributed to positive changes in public policy, including recognition of the need for community notification of released sex offenders

and anti-stalking statutes. It has also helped to change public attitudes

about the seriousness of violent crimes such as drunk driving and rape.

But the media can have a negative impact on individual lives when

victims are thrust, often unwillingly, into the limelight solely because of

the crimes committed against them. Inaccurate reporting and insensitivity to victims’ needs for privacy compound the trauma of crime and

often revictimize the victim.

The President’s Task Force on Victims of Crime did not issue

recommendations specifically pertaining to the news media, although

the longstanding ethical dilemma surrounding the public's right to know

versus the victim's right to privacy has received substantial attention

from media professionals, legal scholars, and crime victims and their

advocates. One of the first formal examinations of the legal and ethical

considerations of this crucial issue took place in 1986 at a Crime Victims

and the News Media symposium in Fort Worth,Texas, sponsored by the

Texas Christian University Department of Journalism and the Gannett

Foundation. The symposium’s participants concluded that ensuring

responsible media coverage of crime and victimization is a two-way

street. Journalists must become more knowledgeable about crime

victims' needs and concerns, and victim service providers must learn

more about issues and constraints journalists face when covering crime.2

Within the last decade,

both crime victims and

journalists have begun to

ask whether crime reporting is victimizing the

victims again. The issue 

is not what newspapers

and the electronic media

have a right to do legally.

It's what we ought to do

ethically. The records 

of crime and its prosecution are public records.

The public has a right 

to know. But where 

does that right to know

end, and where do the

privacy rights of private

citizens begin?1

Tommy Thomason, 

Professor of Journalism, 

Texas Christian University

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Chapter 13: The News Media Community
During the past decade, increasing numbers of media professionals

have sought sensitivity training from crime victims and victim

advocates to both improve the accuracy of their coverage and

minimize the trauma it causes to victims. Today, crime victims and

service providers offer training programs to newsrooms, professional

journalism associations, and university-level journalism classes about

media sensitivity in addressing violence and victimization.

In the past decade,several national victim advocacy organizations

have developed media codes of ethics. A brochure published in 1987 by

the National Victim Center (NVC), Victims’ Rights in the Media, offers

valuable guidelines for the ethical coverage of crime victims by print and

broadcast media.In addition,the National Organization for Victim

Assistance has developed a working policy for media coverage of victimization in The Victim Advocate’s Guide to the Media that examines the

areas of greatest concern to crime victims and their families.

Research Regarding Coverage of Sexual

Assault Victims

Various studies indicate that crime victims, especially sexual assault

victims, would be more likely to participate in the criminal justice

system if the media were more respectful of their privacy. Data from

The National Women's Study presented in Rape in America:A Report

to the Nation found that 84 percent of rape victims in America do not

report the crime to police. The study reported that:

• Half of rape victims (50 percent) would be “a lot more likely to

report” to police if there was a law prohibiting the news media from

disclosing their name and address; 16 percent indicated that they

would be “somewhat more likely to report” rapes to the police.

• Almost 9 out of 10 women (86 percent) felt victims would be “less

likely” to report rapes if they felt their names would be disclosed 

by the news media.

• An overwhelming majority of women (75 percent),rape victims (78

percent), and rape service agencies (91 percent) favored legislation

that would prohibit media disclosure of rape victims’ names.3

Recent surveys of American newspaper editors have shown that, as a

general rule, many do not print the names of rape victims. In 1982, a

study found that 68 percent of the editors surveyed believed that

names of rape victims should not be printed.4 In 1990, another survey

of editors indicated that about 10 percent believed that the rape

victims’ names should never be printed; 40 percent believed that they

should be printed only with the victims’ permission; and 44 percent

believed that they should be printed only in exceptional cases.5

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Section 3: New Directions for Victim Service Providers and Allied Professionals
Furthermore, more news media today are examining their 

policies on covering rape. A 1994 survey of newspaper editors 

revealed that:

• The topic of rape coverage had been discussed extensively in

respondents' newsrooms, with nearly 60 percent of editors noting

that their paper had seriously re-examined its policy on rape identification and 55 percent reporting that they had re-examined their

policy on rape coverage in general.

• More than 40 percent of editors believed their newspaper was 

more sensitive toward rape victims than it was 5 years before, and

more than 50 percent said they believed newspapers as a whole

were more sensitive.

• Almost one-fourth of the editors (23 percent) disagreed with the

idea that routine printing of the names of rape victims would

remove the stigma of rape.

• Only 24 percent of editors agreed that not printing names of rape

victims was a violation of the public's right to know.

The survey also indicated that editors believe that the decision to

withhold a name should be the newspaper's and not mandated by

legislation prohibiting the press from publishing the name of a sexual

assault victim. Almost three-fourths of editors believed that such laws

should be repealed because they violate the First Amendment.6

Guidelines for Journalists Who Cover 

Crime and Victims’ Cases

The impact of media coverage on crime victims and survivors—

positive or negative—depends to a large degree on the sensitivity with

which journalists approach their reporting.Written guidelines incorporated into a news organization’s policies, much like the guidelines

news organizations have adopted in other sensitive areas, can provide

journalists basic principles of ethical coverage of victimization. Once in

place, they can be used as a tool for initial and ongoing professional

education of media employees.

The guidelines on privacy issues developed by the St. Louis PostDispatch provide an example of ethical standards for major newspapers. They address such key issues as publishing names and addresses

of crime victims and witnesses, interviewing family members of victims

of crime, dealing with victims of crime who are juveniles, taking

photographs that portray victims or survivors in private moments of

deep emotion, and covering funerals,sexual abuse, incest cases, and

kidnaping involving sexual abuse.7

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Chapter 13: The News Media Community
The following has been excerpted from the Post-Dispatch guidelines

to provide an example of what news organizations can do to ensure

more responsible news reporting on crime and victimization and, in

particular, vulnerable victims.

VICTIMS OF CRIME: General.

Crime victims often suffer long-term psychological problems that

scar their lives. In many cases, victims identified in news stories about

the crime involving them are further traumatized. Some feel humiliated

by the community knowing what has happened to them. Others fear

the criminal who victimized them, or his associates, will somehow use

the information from the news story to threaten or harm them. Still

others are afraid that the publicity has opened them to harassment

from psychotic strangers.

Our policy on crime victims should provide readers with the most

relevant information while underlining our concern for the well-being

of the victimized.

VICTIMS OF CRIME: Names and addresses.

The general policy will be to publish the names of crime victims as

an integral element of news stories.

Names will not be used of victims of sex crimes, pigeon drops and

scams or other crimes that tend to humiliate or degrade the victim.

Names will not be used if identification is likely to endanger the life

or health of the victim. Any request by police, a victim or representative of the victim to withhold the name from a news story for reasons

of health or safety should be given great weight.

An exception to the policy of non-identification will be made for

victims of degrading crimes who want to be identified or who seek

publicity to serve as an example for others.

PHOTOGRAPHS.

Some of the sharpest controversies over invasions of privacy have

resulted from sensational spot news photos at scenes of violent crime

or other tragedy. . . . A common dilemma is the picture of the grieving

relative. Such an image might capture a private moment of deep

emotion that dramatizes the event in starkly human terms. But the

intrusion of the press at that moment may be resented by many

readers, not to mention the subject of the photograph. . .

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Section 3: New Directions for Victim Service Providers and Allied Professionals
Care must be taken in publishing pictures of victims of crime and

tragedy, and relatives of victims. As a general rule, photographers

should identify themselves and seek permission from the subjects to

take such pictures, especially on private property.

SEX ABUSE: General.

The general policy of the Post-Dispatch is to question the use of

names in all stories of a sexual nature. In reporting on sex crimes, our

policy should be aimed at alerting the community and protecting the

victim. Thus, we reiterate our long-standing policy of not naming rape

victims and using only the most general identifying information, while

naming and further identifying the accused when a warrant is issued.8

Legislation to Protect the Identity of 

Crime Victims

Feeling that the media’s attempts to regulate themselves through

victim-sensitive guidelines have not been adequate to protect victims,

legislators have enacted laws to force more sensitive coverage. Some of

these laws, however, have been held to be unconstitutional.In State v.

Globe Communications Corp., the Florida Supreme Court held that a

Florida criminal statute that prohibited the media from identifying the

names of sexual assault victims violated the First Amendment.9 In that

case, Globe Communications Corp.twice published the name and

identifying information of a sexual assault victim, violating the Florida

statute. The paper had lawfully learned the victim’s name through

investigation. The Florida Supreme Court relied on the U.S. Supreme

Court’s decision in Florida Star v. B.J.F., finding that the Florida statute

barring any media publication of a rape victim’s name was unconstitutional because it was “overbroad”;that is, it punished the media even if,

for example,the name of the victim was already known in the

community.

10 It also found that the statute was “underinclusive” in that it

punished only media publication and not acts by a private person.

Similarly, the U.S. Supreme Court in Cox Broadcasting Corporation v.

Cohn ruled unconstitutional a Georgia statute that imposed civil liability

on media for publishing a rape victim’s name.11 In Cox, the news station

had obtained the victim’s name from public court records—a factor the

Supreme Court held to be important, noting that “the First and

Fourteenth Amendments command nothing less than that the States

may not impose sanctions on the publication of truthful information

contained in official court records open to public inspection.”12

Following these cases,several states enacted privacy statutes to

conform with the First Amendment.13 The legislation limits access of

the public, including the media, to records that might otherwise

readily reveal victims’ names. For example, Florida’s Crime Victims

When tragedy strikes,

journalists are thrust into

chaos and forced to make

decisions on the fly.

These decisions can

impact the lives of

everyone involved. Both

journalists and criminal

justice professionals must

work as a team to meet

the needs of the public

while also protecting the

rights of the victims. By

understanding how the

media works, criminal

justice professionals can

help reporters get the

information the public

needs to know. By

understanding victims’

rights, reporters can avoid

the common errors of

judgment that cause

victims needless pain.

Robert Davis, National

Reporter, USA Today

317

Chapter 13: The News Media Community
Protection Act, passed in 1995,strengthened the exception to the

definition of public records by excluding court information containing the identity of victims of sexual crimes or child abuse.14 While the

new Florida statutes provide that the victim’s identity may be

released to the defendant and defense attorney, they also establish a

specific procedure that, at the victim’s request, can be employed to

allow a trial court to determine that the victim’s identity may not be

made public through the court’s proceedings or records.

Recommendations from the Field for 

the News Media 

NEWS MEDIA RECOMMENDATION FROM THE FIELD #1

The news media should adopt codes of

ethics or guiding principles that clearly

delineate policies sensitive to and respectful of crime victims. These guidelines

should include policies that discourage the

identification of victims of sexual assault

and other vulnerable victims, including

children, without the victim’s consent. 

Written guidelines similar to those developed by the St. Louis PostDispatch can provide basic principles to guide ethical coverage of

victimization. A number of news media organizations have established

informal policies and practices to protect the privacy of sexual assault

victims and children. However, these policies are often not given the

authority of written guidelines. Both print and broadcast media should

adopt written guidelines and provide training to employees regarding

standards for their coverage of crime victims.Written guidelines should

serve as a foundation for making difficult decisions about coverage—

decisions frequently made hastily under deadline pressures.

NEWS MEDIA RECOMMENDATION FROM THE FIELD #2

News organizations, victims, and victimserving providers should sponsor frequent

educational forums for journalists 

on sensitive media coverage of crime 

and victimization. 

Journalists should be educated about how to cover sensitive stories

involving crime victims, with training and technical assistance from

victim service providers as well as crime victims themselves.

I hurt when I hear about

[crime] happening to other

people, when I turn on the

news or pick up the

newspaper. But when it’s

yours that’s on the news

or in the newspaper, it’s

like a dream. And you’re

wondering when you are

going to wake up.

Wife of a shooting victim

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Section 3: New Directions for Victim Service Providers and Allied Professionals
Professional media organizations should incorporate this training and

panel discussions of sensitive coverage of victimization into their state,

regional, and national conferences.

NEWS MEDIA RECOMMENDATION FROM THE FIELD #3

University departments of journalism

should incorporate curricula that teach

students about sensitivity to victims in the

news media's coverage of crime. 

Information and guidelines for dealing with crime victims should be

incorporated into curricula for college and university classes in

communications and journalism. Courses should cover the trauma of

victimization, crime victims’ privacy and safety concerns,services

available to victims, and developing cooperative relationships with law

enforcement and criminal justice officials in the coverage of crime and

victimization.Victims themselves should be invited to classes to discuss

their experiences with the media. Universities and colleges should use

the handbook Crime Victims and the Media, published by the

National Victims Center in 1989, as a resource for incorporating these

topics in their journalism and mass media courses.

NEWS MEDIA RECOMMENDATION FROM THE FIELD #4

Victim service providers should receive

education about media relations and how

to be a valuable resource for the press.

Training and technical assistance for

service providers should be made

available from professionals in the

journalism community.

In addition to training, guidelines for providing support and

guidance to victims about dealing with the news media in the

aftermath of a crime should be made available to victim service professionals, law enforcement, prosecutors, clergy members, and others who

might be called upon to provide advocacy and assistance.With funding

from the Office for Victims of Crime, both the National Victim

Assistance Academy,sponsored by the Victims’Assistance Legal

Organization and a consortium of universities, and the National

Organization for Victim Assistance have developed curricula that

outline tools and strategies to help victim assistance providers work

with the media.

I’d like to see an article

on how to avoid a specific

abuser characteristic, or

to make your apartment

or car safe before assaults,

abuse, or rape. So much

can be done if people took

an interest in saving

people from abuse, and

death from abuse.

A domestic violence victim

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Chapter 13: The News Media Community
NEWS MEDIA RECOMMENDATION FROM THE FIELD #5

The victim service and mental health

professions, in conjunction with media

representatives, should develop debriefing protocols to help journalists cope with

the trauma and stress of covering crime

and victimization.

Reporters, photographers, camerapersons, and editors are

confronted with a daily barrage of violence and tragedy, with little

guidance on how to cope with the personal trauma of witnessing and

reporting these events. Some journalists are themselves victims of

crimes similar to those they are assigned to cover.

Representatives of the news media, victim service providers, and the

mental health community should work together to produce a protocol

to give journalists who cover crime and victimization a means to

address the stressful nature of their careers. News organizations should

establish a debriefing and counseling program for all journalists who

need such assistance.

NEWS MEDIA RECOMMENDATION FROM THE FIELD #6

State public policy leaders and media

representatives should explore the

development of legislation that would

appropriately limit general public 

access to confidential information about

sensitive victims.

As the U.S. Supreme Court has made clear, efforts to provide legislative protection of victims’ privacy must take into account the

important interests of the First Amendment. Several states have

developed statutes that secure victims’ privacy by eliminating confidential identifying information from public records. Other states may want

to review these statutes.

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Section 3: New Directions for Victim Service Providers and Allied Professionals

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Thomason, Dr. T.,“Compassion, Concern Mark Symposium,” in CRIME VICTIMS AND THE NEWS MEDIA, Fort

Worth,TX: Texas Christian University, 1986:2.

2 Id.

3 Kilpatrick, D., C. Edmunds, and A. Seymour, Rape in America:A Report to the Nation, Arlington,VA:

National Victim Center and the Medical University of South Carolina, National Crime Victims Research and

Treatment Center, 1992.

4 Oukrop, C. E., Views of Newspaper Gatekeepers on Rape and Rape Coverage, Manhattan,KS: Kansas City

University, 1982:21.

5 Winch, S. P., On Naming Rape Victims: How Editors Stand on the Issue, Minneapolis, MN: Paper presented

at AEJMC National Convention, 1991.

6 Thomason, Dr. T. and P. LaRocque,Newspaper Coverage of Rape: Editors Still Reluctant to Name the

Victim, Fort Worth,TX: Texas Christian University, 1994:11-12.

7 St. Louis Post-Dispatch, Post-Dispatch Guidelines on Privacy Issues, St. Louis, MO:

St. Louis Post-Dispatch, 21-30.

8 Id.

9 648 So.2d 110 (Fla. 1994).

10 491 U.S. 524 (1989).

11 420 U.S. 469 (1975).

12 420 U.S. at 495.

13 E.g.,ALA. CODE § 15-23-69(b) (1995);ALASKA STAT. §§ 12.61.100-12.61.150 (1991); MASS. GEN. LAWS. ch.

258B, § 3(h) (1988).

14 FLA. STAT. §92.56, 119.07 (1995).

321

Chapter 13: The News Media Community
SECTION IV

New Directions 

in Financial

Recovery

E

ach year, victims of crime suffer enormous financial losses. The costs of medical expenses,mental

health counseling, and lost wages alone are estimated at $105 billion annually. This section addresses

the three major avenues that victims can pursue to

recover their financial losses due to crime: compensation, restitution, and civil remedies. Chapter 14 addresses crime victim compensation programs, which exist

in every state and can pay for expenses such as medical

care, mental health counseling, lost wages, funeral

expenses, and crime scene cleanup. Chapter 15 discusses restitution, which can be ordered in juvenile

and criminal courts as a way to hold offenders financially accountable for their crimes against victims.

Finally, Chapter 16 addresses the potential financial 

as well as preventative remedies that crime victims

can seek through the civil justice system.

The recommendations in these chapters address

issues such as improving claims management,expanding benefits for crime victims,and utilizing technology

to facilitate compensation programs. The restitution

chapter calls for mandatory,full,and consistent restitution orders nationwide.In the area of civil remedies,

recommendations focus on informing victims and

victim service providers of the legal rights of crime

victims to pursue reparations through the civil justice

system.Each chapter also addresses the importance 

of education and training for criminal justice,victim

service,and allied professionals,as well as victims

themselves,about these potential avenues of 

financial recovery.
CHAPTER 14 

Crime Victim

Compensation

Compensation for victims of crime is one of the earliest forms of

victim assistance. The first compensation programs in modern society

were established in New Zealand and Great Britain in 1964 based on

the concept suggested by British Magistrate Margery Fry in the late

1950s. In the United States, the first compensation program was

established in California in 1965. New York, Hawaii, Massachusetts,

Maryland, and the Virgin Islands soon followed suit, and by the time

the President’s Task Force on Victims of Crime released its Final

Report in 1982, 36 states had established programs.1 Today, all 50

states, the District of Columbia, and the Virgin Islands operate victim

compensation programs.2

Compensation programs provide financial assistance to victims of

nearly every type of violent crime including rape,robbery, assault,

sexual abuse, drunk driving, and domestic violence. The programs pay

for expenses such as medical care, mental health counseling, lost

wages, and, in cases of homicide, funerals and loss of support.3 With a

few exceptions, however, they do not cover lost,stolen, or damaged

property.

4 Most programs cover a basic core of offenses, although

eligibility requirements and specific benefits of compensation

programs vary somewhat from state to state.5

In 1996,state compensation programs paid approximately $240 million

to more than 110,000 victims nationwide.6 The range of total payments

among states is considerable, varying generally by the size of the state.

Ten states pay less than $500,000 annually and about 15 pay more than

$3 million.7 The states with the two largest programs,California and Texas,

pay out nearly one-half of all compensation benefits.8

State programs have established limits to the maximum benefits

available to victims that typically range from $10,000 to $25,000,

although a few states have lower or higher maximums. For example,

California, Maryland, Minnesota, Ohio,Texas, and Wisconsin have

maximum award limits between $40,000 and $50,000. It is important

to note that New York has unlimited medical coverage, and Washington

State has established a $150,000 cap for medical injuries. In addition,

many states have limits on specific compensable expenses such as

funerals and mental health counseling. Nationally, the average amount

paid to each victim applying for compensation is $2,000.

Crime victim compensation is one of the pillars 

of victim assistance. 

For thousands of crime

victims each year, it 

serves as the primary

means of financial aid 

in the aftermath 

of victimization. 

Dan Eddy, 

Executive Director

National Association of Crime

Victim Compensation Boards

325

Chapter 14: Crime Victim Compensation
State compensation programs are represented by the National

Association of Crime Victim Compensation Boards (NACVCB), an

organization founded in 1977 to provide advocacy, training, and technical assistance, and to foster communication among state programs.

NACVCB provides a strong national voice on all matters affecting state

compensation programs before Congress and the Office for Victims of

Crime (OVC). In addition, it provides extensive training to its members

on a wide range of issues facing programs today, from administration

and funding matters to coverage of emerging areas of victimization.

In 1995 and 1996, with funding from OVC, members of NACVCB

and advisers from victim assistance programs developed standards for

state compensation programs to achieve four broad goals: effective

outreach, training, and communication; expeditious and accurate

claims processing; good decisionmaking; and sound financial planning.

The states’ progress in implementing these standards is discussed

throughout this section and in the recommendations.

Compensation Issues Addressed by the

President’s Task Force on Victims of Crime

Fifteen years ago, the President’s Task Force made one significant

recommendation for crime victim compensation programs—the

creation of a federal funding source to increase support for state

compensation programs. That recommendation was followed in

1984 with the passage of the Victims of Crime Act (VOCA), which

established the Crime Victims Fund. Today, the Fund reimburses

states for up to 40 percent of their annual compensation payments

to crime victims.9

In addition, the Task Force raised several concerns regarding state

compensation programs, including the absence of emergency awards

in some states to cover immediate needs for food,shelter, and medical

assistance; the need to eliminate or raise the maximum allowable

compensation award; the lack of coverage for domestic violence

victims due to provisions barring victims living with their batterers

from receiving compensation; and differences in residency requirements for eligible crime victims. Many of these problems have been

remedied by subsequent federal and state legislation and by increased

funding from both state and federal sources.

State compensation programs have grown dramatically since 1982

in the benefits they provide and the types of victims that qualify for

these benefits. However,some concerns raised by the President’s Task

Force,such as the need for timely emergency awards and the raising

of maximum limits on awards, have not been fully addressed by all

states.While many compensation programs have undertaken extensive

public awareness efforts, eliminated minimum loss requirements, and

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Section 4: New Directions in Financial Recovery
made efforts to cover such costs as crime scene cleanup and replacement of clothing for sexual assault victims, these gaps in coverage still

need to be addressed.

Impact of the Victims of Crime Act

With the enactment of VOCA in 1984, each state compensation

program became eligible to receive annual federal VOCA funds that

by statute equaled 35 percent of the state’s total payout in the

previous year. Subsequent amendments have raised this amount to 40

percent and allowed states to use up to 5 percent of federal funds for

administrative costs. The VOCA compensation grant program is

administered by OVC, which also provides technical assistance to

state compensation programs.

VOCA Program Requirements

To qualify for federal funding under VOCA,states must:

• Cover medical expenses, mental health counseling, and lost wages,

as well as funeral expenses and loss of support for families of

homicide victims.

• Consider drunk driving and domestic violence as compensable crimes.

• Not categorically exclude domestic violence victims because they

are related to or living with the offender.

• Provide compensation for crime within their borders, even when the

victims are from out of state.

• Comply with statistical reporting requirements.

Victims must apply for compensation in the state where the crime

occurs. Until the passage of VOCA, many states restricted coverage to

their own residents, unless a reciprocal agreement was in place with

another state. Since 1986,states have been required to cover both

residents and non-residents, as well as victims of federal crimes. Only

two states restrict eligibility to U.S. citizens.

Recent Trends in Compensation

From 1985 to 1992, victim compensation claims doubled, tripled,

and even quadrupled in some states. The greater visibility of the

programs, the growth in other victim services, and new laws mandating

that rights,services, and information be provided to victims resulted in

more and more victims applying for financial assistance.

In FY 1997, state crime

victim compensation

programs received

$83,843,000 in federal

matching funds from 

the VOCA Crime 

Victims Fund. 

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Chapter 14: Crime Victim Compensation
More recently, the number of applications has leveled off in many

states. Between 1995 and 1996, 23 states reported a slight increase in

applications, and 26 states recorded a slight decrease. In addition,

many states have moved to control costs and boost funding

mechanisms. The result is that while some states are still struggling to

pay all eligible claims, more and more have sufficient funds to do so.

The new challenge is for states with adequate funding to determine

how best to use their funds and coordinate compensation services

with other victim services in the community and across the state.

Many compensation programs have increased outreach and public

awareness efforts and are educating criminal justice personnel and

328

Section 4: New Directions in Financial Recovery

Significant Landmarks in Crime 

Victim Compensation

• In 1965, California established the nation’s first crime victim

compensation program.

• In 1975, the International Association of Crime Victim Compensation Boards was established.

• In 1977, the National Association of Crime Victim Compensation Boards was created.

• In 1986,state compensation programs received their first

funding from VOCA.

• In 1988, the Office for Victims of Crime began providing

funding to the National Association of Crime Victim Compensation Boards to support a range of technical assistance and

national training efforts.VOCA was also amended to require

states to provide benefits to victims of domestic violence and

drunk driving.

• In 1992,the first joint conference of state compensation and

victim assistance administrators was funded by the Office for

Victims of Crime.

• In 1995, with support from the Office for Victims of Crime, a

national advisory body composed of state compensation

programs and representatives of the victim assistance

community established standards for state programs.

• In 1996, the passage of the Antiterrorism and Effective Death

Penalty Act required compensation programs to make crimes

involving terrorism compensable, regardless of where the

terrorism occurs around the world.
allied professionals on compensation benefits. Programs are also

working with victims and victim service agencies to identify

uncovered expenses. Finally, compensation programs increasingly are

using technology to improve program administration and deliver

payments to victims more quickly and efficiently. For example,

technology has allowed many programs to greatly increase the speed

with which they process claims.

Eligibility Requirements for Victims

Each state has eligibility requirements victims must meet to qualify

for compensation benefits. While eligibility requirements vary from

state to state, virtually all programs require victims to:

• Report the crime promptly to law enforcement. Seventy-two hours

is the general standard, although a few programs have shorter or

longer periods. Nearly all states have “good cause” exceptions

applied liberally to children, incapacitated victims, and others with

special circumstances.

• Cooperate with police and prosecutors in the investigation and

prosecution of the case.

• Submit a timely application to the compensation program, generally

within one year from the date of the crime.A few states have shorter

or longer deadlines, and most have the ability to waive these

deadlines for exceptional circumstances. Children are generally

excepted from timely filing requirements.

Victims are required to provide other essential information as

needed by the program, and they generally are not eligible for compensation if the victimization giving rise to the claim resulted from the

claimant’s own criminal activity or significant misconduct.

The VOCA Victim Compensation Final Program Guidelines encourage state compensation program staff to meet with victims and victim

service providers to carefully review whether state statutes, program

guidelines, and policies are responsive to the needs of crime victims

and to determine possible barriers that might impede a victim’s

cooperation with law enforcement.

Possible impediments to cooperation include apprehension about

personal safety and fear of retaliation and intimidation by the offender

or others. Some victims, for example, are reluctant to cooperate with

law enforcement after offenders make threats of violence and death

against them and their families.Age, psychological, cultural, or linguistic

barriers may also influence the extent of victim cooperation with law

329

Chapter 14: Crime Victim Compensation
enforcement. For instance,there may be special barriers deterring a

young child or senior citizen from “reasonable cooperation.” Likewise,

embarrassment and shame may delay the reporting of sexual assault.

Compensation programs are “payers of last resort,”meaning that the

victim must exhaust all other sources of insurance or public benefits that

could pay for medical care,funeral benefits, or counseling before receiving compensation. Since these sources must be used before compensation can be paid, eligibility depends on whether the expenses for which

reimbursement is sought have not been or cannot be paid from some

other source.If another source such as offender restitution could

potentially make payment,the compensation program generally will pay

first and then expect to be repaid if the victim later receives payment.

Another important eligibility requirement is that the victim cannot

be engaged in criminal activity or in substantial contributory conduct

to the crime. The eligibility of a victim’s dependents or other

secondary victims depends largely on the eligibility of the person who

suffered the injury or death. If a homicide victim, for example, was

engaged in criminal activity at the time of his or her death, the surviving family generally would not be eligible for benefits.

Compensation for Federal Victims

With the passage of VOCA, victims of crimes that occur under

federal jurisdiction,such as on Indian reservations, military installations, national parks, and other federal lands, became eligible for

compensation in the state in which the crime occurred. Because there

is no federal crime victim compensation program, each state treats

federal crime victims as fully eligible for all the benefits available for

victims of state and local crimes. Compensation programs depend on

the help of federal victim/witness coordinators to inform federal

victims of their opportunity to apply for benefits, and many states have

initiated cooperative efforts with them. States are now conducting joint

training with federal and state law enforcement personnel and

planning and implementing joint crisis responses to bank robberies.

Compensation for Victims of Crimes

Occurring in Other Countries

A few states extend coverage to residents who are injured in other

countries, but awards are usually conditioned upon the victim 

first applying in that country.A number of countries, including 

Canada, Great Britain, Germany, France, Sweden, and Australia, have

compensation programs. In 1997, OVC and the U.S. Department of

State compiled the International Victim Compensation Program

Directory, which provides basic information concerning 30 countries’

compensation programs.10

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Section 4: New Directions in Financial Recovery
A significant development affecting international crime victim

compensation was the passage of the Antiterrorism and Effective Death

Penalty Act of 1996, which mandates that crimes involving terrorism

become compensable crimes under state crime victim compensation

programs receiving VOCA funds,regardless of where the terrorism

occurs. To continue receiving VOCA funds, each state must ensure that

a resident or nonresident injured by a crime involving terrorism

occurring within the state is eligible for compensation. In addition, the

state must cover its own residents injured in terrorist acts abroad.11

Benefit Criteria 

All compensation programs cover the same major types of expenses,

although their specific limits vary. The primary costs covered by all

states are medical expenses, mental health counseling, lost wages for

victims unable to work because of a crime-related injury, lost support

for dependents of homicide victims, and funeral expenses. Nationwide,

medical fees comprise well over half of the amount of all compensation awards, and lost wage and support payments comprise the next

largest source. In a few states, 20 to 40 percent of awards are now paid

for counseling, and compensation in this area is growing rapidly

throughout the country. Of total claims awarded nationwide, 25 to 30

percent of recipients are children 17 years of age and younger.

In addition, many compensation programs pay for other essential

expenses resulting from violent crime. They include:

• Moving or relocation expenses when a victim is in imminent

physical danger, or when relocation is medically necessary in the

aftermath of victimization.

• Transportation to medical providers when the provider is 

located far from the victim’s residence or when other special

circumstances exist.

• Replacement services for work such as child care and housekeeping

the victim is unable to perform because of crime-related injury.

• Essential personal possessions lost or damaged during the crime.

Eleven states will cover medically necessary equipment such as

eyeglasses or hearing aids, but only a few will cover other items.

• Crime-scene cleanup or the cost of securing a home or restoring it

to its pre-crime condition.

• Rehabilitation, which may include physical or job therapy,ramps,

wheelchairs, and modification of homes or vehicles for paralyzed

victims, and driving instruction.

Financial compensation 

is a tremendously

important part of the

assistance necessary to

help victims recover 

from the effects of

criminal violence. 

Each year compensation

programs in every state

across the country 

are helping tens of

thousands of victims 

of child abuse, domestic

violence, sexual assault,

and other violent 

crimes put their lives 

back together.

Ted Boughton, 

Deputy Executive Director, 

California Victims 

of Crime Program, 

State Board of Control

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Chapter 14: Crime Victim Compensation
The Alabama Crime Victims Compensation Commission has

developed a separate assistance program for victims of domestic

violence. The program pays awards of up to $500 to help domestic

violence victims establish independent, violence-free living. Expenses

covered include the costs of relocation, document replacement,

transportation, and health and welfare needs.

Emergency Awards

Many states allow the program to make an emergency award to a

victim within a few days or weeks. The maximum payment allowed

under these awards ranges from state to state. However, emergency

awards can pose significant problems due to the difficulty of verifying

the claims under such expedited situations and because of the delays in

processing other claims when staff must attend to emergency requests.

Most programs limit emergency awards to cases of extreme hardship.

According to an October 1997 survey of compensation programs,36

programs indicated that they provide emergency awards,while another two

reported that they handle emergency requests by coordinating with VOCA

assistance programs.Fourteen states do not provide emergency awards.12 Of

the states that do,most limit awards to between $500 and $2,000.Four states

do not place caps on emergency awards under the total award amount.

A number of programs limit awards to instances when disability or

death results in lost income and a subsequent problem in paying for

food,shelter, and utilities. For other types of expenses, compensation

programs reduce the need for emergency payments by calling medical

providers, therapists, and funeral homes to ensure that services will be

paid for upon review and acceptance of the victim’s application.

Several state compensation programs have undertaken extra efforts

to ensure that emergency support is available to crime victims.

• Delaware’s program helped foster the development of a special fund

that uses VOCA victim assistance funds to meet the emergency needs

of crime victims when local and state resources and private insurance

are not available.Up to $2,500 is available for emergency services such

as crisis intervention,food,temporary shelter,transportation to

services, and lock replacement. Financing for the fund comes from a

VOCA assistance grant awarded to the Delaware State Police Victim

Services Unit.All victim advocates in law enforcement and prosecutors’ offices in the state can make requests for funds on behalf of

crime victims. The fund is overseen by a committee of representatives

from victim service programs.

• Vermont’s program has established interagency agreements with

sexual assault task forces located within law enforcement agencies to

expedite emergency financial assistance to sexual assault victims. Law

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Section 4: New Directions in Financial Recovery
enforcement officers have been trained to provide enough documentation about the victimization to the compensation program so that

an emergency award can be made within a few days.

There is considerable debate over whether compensation programs

are the best vehicles for payment of emergency expenses. Many victim

advocates and service providers believe that victim assistance programs

should be funded to respond to the emergency financial needs of crime

victims, noting that meeting these needs is one of the primary

objectives of both VOCA compensation and assistance programs according to VOCA Guidelines. In addition, assistance programs are not limited

by the eligibility requirements of compensation programs, and it will

usually be quicker to seek assistance from a local victim assistance

program than from a distant state agency.With the huge growth in

VOCA assistance funding in recent years,state VOCA administrators

should consider VOCA’s emergency award requirement by providing

more emergency funds to VOCA assistance programs.

Public Awareness of Compensation

Victims typically learn about crime victim compensation programs

from local victim assistance providers,police,prosecutors, and public

awareness products such as posters, billboards, and public service

announcements. Public awareness of the availability of compensation is

critically important because missing the application filing deadline is one

of the most painful “second injuries” in the aftermath of victimization.

While some compensation programs have policies for increasing

victim awareness of compensation benefits, implementation of the

policies can be improved. Notable efforts to increase public awareness

of crime victim compensation have been undertaken by many states,

including Arkansas,Texas, and Ohio.

• Arkansas’ compensation program distributes notification cards to

crime victim service providers, law enforcement officials, and the

state's victim/witness coordinators explaining how to help crime

victims file a claim. The program’s staff prepare monthly news

releases with information about the compensation program and the

awards that have been made to residents of that county. Members of

the state’s Crime Victims Reparation Board and the state attorney

general and his staff frequently appear on radio and television talk

shows to heighten public awareness. During a recent National Crime

Victims’ Rights Week, the compensation program organized a

statewide victims' rights tour with rallies in more than a dozen

cities. The program’s Smart Choices, Better Chances initiative,

funded by an education grant from the U.S.Attorney General’s office,

educates elementary school students about juvenile violence and the

state's crime victim compensation program.

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Chapter 14: Crime Victim Compensation
Efforts are also underway to increase awareness of victim compensation

on the national level. The National Association of Crime Victim Compensation Boards,with support from OVC,developed significant outreach

products to increase awareness about crime victim compensation support

in 1996. The Association developed 30-second radio and television public

service announcements and two 10-minute training videotapes,one for

police and service providers and the other to increase awareness of

compensation in Native American communities.Programs that undertake

public awareness campaigns, however, need to be prepared for the

influx of claims which may, in some states, outstrip available resources.

Using Technology to Enhance 

Claims Processing

Claims processing is the “nuts and bolts”of any crime victim compensation program. How it is accomplished speaks clearly about a state's

commitment to serving victims of crime. Currently, the median time

nationwide for processing and paying a compensation claim is 21

weeks, although it takes far less time in some states and more in others.

Many state compensation programs have implemented automated

systems to process claims more quickly and accurately:

• New Mexico uses a software system in which staff enter all claim

information into a database when the claim is opened. Thereafter,

correspondence to the claimant,law enforcement agency, court officials,

and service providers can be generated through the database. The

software allows the program’s director to monitor staff caseloads and

productivity by generating aging reports and monthly claims processing

statistics.All VOCA reports are also generated automatically.In addition,

through the state’s restitution database,program staff are able to

monitor compliance with restitution orders, generate delinquency notification letters to offenders, and generate periodic restitution reports.

• Iowa uses different software, but it also provides the program director

with an efficient way to track every claim from the moment the victim

calls or writes to the office for assistance. Like New Mexico’s system,

the database can be used to generate correspondence with the victim,

the district attorney,the courts, probation, and service providers.

The Office for Victims of Crime 

Mentoring Program

The Office for Victims of Crime established a nationwide compensation mentoring program in 1995 that facilitates state-to-state transfer of

knowledge of compensation program staff expertise. Under this

program in 1996 and 1997:

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Section 4: New Directions in Financial Recovery
• Iowa’s program modified its claims processing software to meet the

specific needs of the District of Columbia,Kansas, Rhode Island, and

South Dakota.

• Florida’s program installed a copy of its compensation claims

tracking software for use by the Mississippi program.

• California’s program staff assisted Hawaii in evaluating their 

restitution process.

• New Mexico’s program staff provided mentoring to the Vermont

program to help improve its compensation claims processing system.

• Georgia’s program staff visited the Texas compensation program to

study claims processing, workflow, and program operations.

Funding of Compensation Programs

Two primary state sources, in addition to federal VOCA dollars,

provide funding for victim compensation programs: funding from fees

or charges that offenders pay in state and local courts and funding

from general revenue appropriations from legislatures.According to the

National Association of Crime Victim Compensation Boards, more than

four-fifths of the states are in the first category, gaining most of their

income from offenders. In fact, in a large majority of states, no tax

dollars are involved in either the administration of programs or in the

awards they provide to victims.

An increasingly significant funding issue facing compensation programs

today is recovering restitution from convicted offenders to help offset the

cost of compensation benefits to their victims.Programs are making

special efforts to seek restitution from offenders,including working with

prosecutors and judges to ensure restitution is ordered and collected.

Several states have developed systems that maximize collections

from offenders, insurance, and other parties, and also hold offenders

accountable. For example, California aggressively pursues criminal

restitution payments owed to crime victims, collection of fines, and

community outreach.

Iowa’s program recaptures a full 15 percent of its payouts, primarily

by mailing notification letters to county attorneys when a victim files a

claim, and then again after he or she receives benefits. Iowa has also

implemented strategies to initiate contempt of court proceedings

against defendants who become delinquent in their restitution

payments and garnish and assign their wages. To accomplish these

reforms, Iowa pushed for legislative changes that:

A broader appreciation of

the economic impact of

crime and victimization,

coupled with the intense

desire to hold perpetrators

accountable for their

misdeeds, has resulted in

the establishment of crime

victim compensation

programs in all states and

a number of territories,

passage of mandatory

restitution laws at the

federal level and in many

states across the nation,

as well as victims and

their advocates turning 

to the civil justice system

for relief. 

Carolyn Hightower, 

Deputy Director

Office for Victims of Crime 

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Chapter 14: Crime Victim Compensation
• Specifically list the compensation program as an eligible recipient in

the restitution statute so the court can order the defendant to

reimburse the program directly. The compensation program is listed

second in the order of payment so that the defendant must first pay

the victim for their noncovered losses.

• Allow the county attorney to attach a restitution lien to a

defendant's property or other assets at the time of indictment so

their assets cannot be divested if convicted.

• Enter all restitution orders as civil judgments, which permits the

victim or the compensation program to execute a judgment for

nonpayment of the debt.

However, fund recovery remains a small source income for programs

across the country thus far, with only a few beginning to recover more

than 10 percent of their awards.

Recommendations from the Field for Crime

Victim Compensation Programs

The promising initiatives highlighted in this chapter, as well as the

recommendations that follow, encourage compensation programs to

increase their efforts to be strong advocates for crime victims, not only

in striving to minimize the financial impact of crime, but working in

conjunction with others to ensure that victims get the services and

support they need.

The recommendations in this chapter address the following areas:

improving claims management, expanding benefits for crime victims,

removing barriers and making programs more accessible, enhancing

outreach activities and collaborative partnerships, expanding program

funding; conducting program evaluations, and applying technology to

improve overall operation, communication, and efficiency. Compensation programs across the nation are implementing a number of strategies to meet these goals, and some of the most promising practices are

highlighted throughout this chapter.

Both now and increasingly for the future, victim

compensation programs

must have a mission of

service to crime victims to

restore dignity and stability to their lives. Compensation programs must

function as fully

integrated partners in the

broader community of

criminal justice professionals, advocates, and

service providers.

Everything flows from

this—the basic principles

of broad participation in

policy development and

decision making, efficient

claims management, and

expanding coverage. 

Judith E. Beals, 

Chief, Massachusetts 

Victim Compensation 

and Assistance Division

336

Section 4: New Directions in Financial Recovery
COMPENSATION RECOMMENDATION FROM THE FIELD #1

Every state victim compensation program

should establish goals to process claims,

including emergency awards, in the most

expeditious manner possible.

From the victim’s standpoint, an important measure of a compensation program’s performance is the speed with which it processes a

victim’s application for benefits. Delays in application processing can

result in victims and survivors receiving harassing calls from bill collectors or delaying health or mental health treatment, as well as increased

anxiety for crime victims and frustrations for service providers.

It is crucial for programs to impose internal performance standards for

processing claims. States should strive to process claims within 90 to 150

calendar days in accordance with the goals established by the National

Association of Crime Victim Compensation Boards in 1996.A number of

compensation programs have boosted productivity tremendously through

automated claims-tracking systems and compensation programs are

encouraged to improve their technological capacity to speed processing.

OVC continues to support the transfer of this technology and managerial

expertise through its mentoring initiative.In addition,programs should

notify victims as early as possible whether they are eligible to receive

compensation to avoid making victims wait anxiously for months before

learning whether they will receive an award.

Compensation programs should strive to process and pay emergency

awards within 24 hours. However, because compensation programs

must be cognizant of statutory requirements regarding police reporting

and non-criminal activity, they may need to contact law enforcement to

confirm the circumstances surrounding the crime before an emergency

payment is made. States should consider the model used in Delaware

and New Mexico, where compensation programs refer some emergency

requests to designated VOCA assistance programs that have access to

special VOCA emergency grants and are not under the same statutory

restrictions as state compensation programs. Moreover, compensation

programs should be aware that some victim service programs can help

victims meet emergency needs by providing food, clothing,transportation, and shelter, and services such as boarding up broken windows,

replacing locks, and arranging security measures.

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Chapter 14: Crime Victim Compensation
COMPENSATION RECOMMENDATION FROM THE FIELD #2

States should examine the nature, level,

and scope of benefits they provide for

mental health treatment to ensure that all

victims traumatized by crime receive

financial support for adequate and culturally meaningful counseling services or

healing practices. To achieve this goal,

victim compensation programs should

consult with advisory groups composed of

mental health experts to develop

guidelines for counseling benefits, including

appropriate treatment lengths and types of

mental health providers, documentation

requirements for treatment plans and

progress reports, and payment levels. 

Compensation programs have an obligation to review whether they are

dealing appropriately with the mental health needs of crime victims.Mental

health counseling benefits covered by state compensation programs vary

greatly across the nation.Currently,22 states do not place a limit on the

amount of mental health benefits they will award,and victims in those states

can qualify for mental health coverage up to the state’s maximum compensation award. The other states restrict mental health benefits to some degree,

generally by: limiting the length of treatment for which compensation may

be awarded,limiting the number of counseling sessions that may be

covered,or imposing a maximum dollar limit for counseling benefits.13

In the few states that limit the length of allowable treatment, limits

generally range from 6 to 18 months.In states that limit the number of

compensable counseling sessions,the number generally ranges from 26

to 50 sessions.In states that limit benefits to dollar amounts, allowable

compensation ranges from $1,500 to $5,000. However,there are

numerous exceptions to these restrictions. Several states apply distinct

criteria depending on the type of crime or the age of the victim. For

example,California allows up to $10,000 for direct victims and surviving

family members of homicide victims, Florida allows up to $2,500 for

adult victims and $10,000 for minors, and Idaho allows up to $2,500 for

direct victims, $500 for surviving family members of homicide victims,

and up to $1,500 per family following sexual assaults.

For child victims, 29 states provide $10,000 or more in counseling

benefits. Of those states, 18 can authorize $25,000 or more,six provide

at least $5,000, three provide $3,000, five provide $2,500, three provide

$2,000, and one provides $1,500.

A woman in her late 60s

was raped and murdered.

That was nearly 4 years

ago. The case has not yet

gone to court because of

strategically filed motions,

one of which was the

issue of whether the victim

was alive or dead when

she was raped. Victims’

crime compensation will

only pay up to 3 years of

counseling. This is still an

ongoing traumatic experience in which the family

of the victim no longer

receives compensation. 

A Rape Crisis Advocate

338

Section 4: New Directions in Financial Recovery
Victim advocates and crime victims have raised the concern that

some state ceilings on counseling benefits may be too low, especially

for victims of catastrophic physical injury,sexual assault, domestic

violence, and child abuse. Compensation programs should be cognizant

of research findings that may inform their policies and standards, and

should consult with therapists to gain better insight into victims’

needs, particularly children. Standards for mental health treatment

should also be informed by the advice and input of advisory groups

comprising leading representatives of the mental health community.

COMPENSATION RECOMMENDATION FROM THE FIELD #3

Victim compensation programs should

expand the types of victims eligible to

receive counseling benefits.

All but six states compensate surviving family members for mental

health counseling. Every state should provide this vital service. Losing a

loved one to homicide is one of the most traumatic events a person

can experience. Survivors of homicide victims experience feelings of

intense grief and overwhelming loss, often accompanied by guilt,

shame, anger, depression, isolation, and spiritual crisis. Survivors face a

long period of emotional struggle, and mental health counseling should

be available to help them rebuild their lives.

Children who witness violence—the silent victims—should have access

to counseling paid for by compensation programs.According to recent

research conducted by the Medical University of South Carolina with

funding from the National Institute of Justice,43 percent of male adolescents

and 35 percent of female adolescents surveyed had witnessed some form of

violence firsthand,and of these young witnesses,15 percent developed posttraumatic stress disorder (PTSD),compared to 3 percent of surveyed youths

who had not witnessed violence.14 Research also reveals that exposure to

violence adversely affects children’s development,emotional stability,and

risk-taking behavior.Children who display symptoms of PTSD should be

treated by specialized mental health services and psychotherapists with

expertise in childhood PTSD,depression,and grief/mourning.15

In a recent survey conducted by the National Association of Crime

Victim Compensation Boards, two-thirds of the states indicated that

they are authorized to pay for counseling for children who witness

domestic violence.16 Some state compensation programs fund benefits

for all child victims and witnesses, and a few states are making special

efforts to help secondary victims. Utah and Iowa now pay up to $1000

for mental health counseling for secondary victims who witness or are

traumatically affected by violent crime, including children who are

psychologically harmed by incidents of domestic abuse.

We had to deny mental

health counseling benefits

to a grandparent for a

deceased grandchild as

they were not considered

‘eligible applicants’

through the victim

compensation program.

A Claims Analyst

Crime Victims Compensation

339

Chapter 14: Crime Victim Compensation
In addition, the needs of many white collar crime victims are

overlooked.Traditionally, counseling services are provided to victims of

violent crime but are not generally available to victims of serious white

collar crimes such as telemarketing fraud. These crimes have severe

consequences in the lives of their victims. Fraud, for example, can have

a devastating impact by depriving people—often seniors—of their life

savings. Compensation programs should evaluate how they can assist

victims of white collar crime who suffer significant financial loss,

particularly by providing intervention with the elderly, who are

especially vulnerable to revictimization.

Finally, compensation programs should evaluate whether the mental

health needs of workplace violence victims are being met, including

bank tellers and other people present in banks when they are robbed.

In some states, these people are considered witnesses, not victims,

despite the high level of trauma they suffer. Large financial institutions

have established policies for addressing the immediate needs of

employees in the aftermath of a bank robbery. These institutions

provide on-scene crisis response and immediate counseling services as

well as referrals for victim assistance and other support services

available through employee assistance programs. However, where crisis

intervention services are not made available by financial institutions,

victim compensation programs should extend compensation to cover

counseling services.

COMPENSATION RECOMMENDATION FROM THE FIELD #4

Victim compensation programs should

increase medical benefits for victims of

catastrophic physical injury.

Occasionally, a victim’s losses due to catastrophic injury exceed the

state program’s cap on benefits.Victims who are permanently disabled

as a result of their victimization will likely pay for installing wheelchair

ramps in their homes, modifying vehicles, as well as other transportation, communication, or medical aids.

Compensation programs must go beyond the norm to help victims

who are significantly injured as a result of crime. Two states have done

so by raising their maximum amounts of medical benefits. The state of

Washington provides up to $150,000 in medical benefits for victims of

catastrophic injury, and New York provides unlimited medical

coverage. In addition,Texas provides a separate compensation award

for special home and health aids for victims of catastrophic injury.

State compensation programs should strive to increase compensation coverage for victims who have suffered serious injuries. The 1997

My little boy was struck by

a drunk driver and was

in a coma for 10 weeks.

The [driver] had no

insurance and we are

stuck with the bills, which

have now topped the

$500,000 mark. We lost

our home and my ability

to support my family. All

because of a drunk driver.

The father of a drunk driving

crash victim

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Section 4: New Directions in Financial Recovery
VOCA Victim Compensation Final Program Guidelines allow states

to include expenses not specifically identified in VOCA,such as

medically necessary devices and building modifications, in their

annual certification to OVC,17 which is the basis for determining the

amount of federal funding a state will receive.

COMPENSATION RECOMMENDATION FROM THE FIELD #5

Victim compensation programs should

eliminate restrictive statutory reporting

requirements and permit victims to 

report the crime within a reasonable

period of time and to agencies other 

than law enforcement.

Most state statutes governing compensation programs mandate that

victims report the crime to law enforcement within a limited period of

time, generally 72 hours. The large majority of states have already

removed, in practice or by statute, this reporting requirement for cases

involving child sexual abuse. Moreover, many compensation programs

currently allow victims to delay reporting for legitimate reasons such

as incapacity due to injuries or hospitalization.

Research indicates that the majority of some categories of crime

victims,such as sexual assault victims, never report the crime to law

enforcement because of their fear of participating in the criminal justice

system and retaliation from the perpetrator. A nationwide study of rape

victims found that only 16 percent report the crime to the police, and

more than half of these victims do not report the crime immediately.

18

Many victims, including victims of domestic violence and gang

violence, often report late, if they report at all, due to threats of intimidation and legitimate fears of physical retaliation from significant others,

caretakers, employers, and friends. Only with counseling and encouragement are many victims able to acknowledge their victimization, even to

their closest associates, and report it to law enforcement. The requirement of immediate reporting to law enforcement denies these victims

compensation they could use to pay expenses for important services

such as medical care, counseling, and funeral arrangements. It is time for

states to reassess their reporting requirements and remove unrealistic

barriers for victims to receive compensation.

In 1997,Texas removed its statutory time requirement and now

requires that a report be made “within a reasonable period of time so

as not to unduly interfere with or hamper the criminal justice investigation.”19 It did so after learning that most rape crisis centers discourage victims from filing claims if they had not reported the crime to

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Chapter 14: Crime Victim Compensation
law enforcement within 72 hours. New York allows the report in

family violence cases to be made to the family court in the form of a

petition for an order of protection or a determination that a family

offense occurred. California does not set a time limit on when a

report to the police must be made, rather it simply requires that the

report be timely. In addition, California accepts reports to law

enforcement in domestic violence cases from sources other than the

victim, including battered women’s shelters, friends, relatives,

neighbors, and members of the clergy.

COMPENSATION RECOMMENDATION FROM THE FIELD #6

Statutorily mandated time restrictions on

filing claims that require crime victims to

apply for compensation within one year

of the crime should be reevaluated. State

compensation programs should consider

eliminating filing restrictions or at least

extending the time limit to three years, as

was done in Texas and Massachusetts. 

Every state except Vermont requires that victims submit a timely

application to the compensation program, generally within one year of

the date of the crime.While filing deadlines historically have been a

part of compensation program requirements because of a legitimate

need to have accurate documentation, according to Lori Hayes,

Executive Director of the Vermont Center for Crime Victim Services,

they impose “an artificial and harsh burden upon victims who very

well may be overwhelmed by the trauma of the victimization and the

frustration of dealing with a slow-moving criminal justice system.”

Some states have even shorter filing deadlines than the standard

one-year limit. Six states require that victims file a claim within 6

months after the crime occurs. Other states have longer timeframes.

Nine states allow victims to file a claim up to two years after the

crime, and two states, Massachusetts and Texas, have extended the

filing deadline to three years.

The majority of states waive or extend the filing deadline for victims

of child abuse. This is especially critical because child abuse victims

should not be penalized when their parents fail to file a timely claim.

Because the effects of child sexual abuse may not be manifested until

adolescence or later, child victims should be permitted to apply until

the age of 21.A number of states also make good cause exceptions for

victims of sexual assault and domestic violence, as well as for the

elderly and victims with disabilities.

There is no longer 

a reason that there

should be a time limit.

The issue is: Can the

victim prove the claim

and is the information

available to make an

informed decision?

Richard Anderson, 

Director, Texas

Compensation Program

342

Section 4: New Directions in Financial Recovery
For victims who are significantly traumatized by a crime,such as

survivors of homicide or victims of sexual assault, the effort required

to file a claim may be too overwhelming to undertake for many

months. This legitimate hardship should not jeopardize their eligibility for receiving a compensation award. Other victims may not have

been informed of their right to receive compensation within the

filing deadline. For example, Mothers Against Drunk Driving (MADD)

has reported several cases in which badly injured victims of drunk

driving crashes were not informed by law enforcement of possible

compensation benefits or referred to MADD or other groups for

counseling services. Eventually, these victims contacted MADD, but

the filing deadline to receive a compensation award had passed and

their claims were denied.

Recognizing that the real concern should not be the timeliness of

claims but rather the availability of accurate information to support

them, the Texas Legislature recently extended the state’s filing deadline

to 3 years. This reform should be seriously considered by other states

so that compensation is available to the greatest number of injured

victims, including those who are not notified of their right to compensation benefit by those responsible for doing so.

COMPENSATION RECOMMENDATION FROM THE FIELD #7

Every victim compensation program

should coordinate with victim assistance

programs to develop an effective

community outreach strategy to increase

public awareness about the purpose and

availability of crime victim compensation.

This strategy should include extensive

outreach efforts to ensure that all victims,

regardless of their race, culture, or

language, have knowledge of and access

to compensation program benefits.

Compensation programs must widely publicize the availability of

compensation benefits for crime victims.A major focus of any

outreach program must include educating those who work with

victims of crime on a daily basis, including law enforcement officers,

victim service providers, advocates, and medical and mental health

professionals. Ultimately, it is the responsibility of every person who

assists victims on the frontline to inform them that they may be

eligible for compensation.

A man whose son was

killed by a gun shot had

made arrangements and

paid for the funeral

himself before I was

brought into the situation.

He was so grateful to

learn about crime victim

compensation and to be

reimbursed for those

expenses. Without victim

assistance being involved

he would have never been

told of these benefits. 

A Victim Advocate

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Chapter 14: Crime Victim Compensation
Program outreach efforts should, at a minimum, include distribution

of program brochures and applications throughout the state, as well as

use of television and radio public service announcements, posters,

community billboards, and the Internet. Hospitals, libraries, counseling

clinics, child care centers, physicians’ offices, and funeral homes should

be among those targeted for outreach.

Every victim service provider and police officer should provide

timely information about crime victim compensation benefits to crime

victims. They should follow up with the victims after the crime to see

if they understand the compensation process and need assistance in

applying.Very often in the immediate aftermath of victimization, it is

difficult for victims to focus on the issue of compensation.

Compensation programs should routinely evaluate whether they are

adequately serving special population groups and should reach out to

those who, because of cultural or language barriers, may not be accessing compensation assistance. Some compensation programs have

undertaken extensive public awareness efforts to reach traditionally

underserved crime victims. These efforts include developing public

service announcements in languages other than English. The state of

Washington’s compensation program, for example, has developed

pocket-sized cards describing compensation in 12 languages. The

Massachusetts Attorney General’s Office reports success in reaching

non-English speaking crime victims through the Victims’ Division of the

International Institute of Boston, which provides translation and other

language services. The Institute is part of a national network operated

through Immigration and Refugee Services of America.

COMPENSATION RECOMMENDATION FROM THE FIELD #8

Victim compensation programs have a

responsibility to listen to and address the

issues of the victims they serve. All

programs should establish advisory boards

that include victims. When developing

policies for eligibility and benefits, compensation programs should seek the input of

victim service groups, and criminal justice

and allied professionals.

Victims who have applied for compensation can provide helpful

information to programs about their strengths and weaknesses. Their

advice, and that of their advocates, can be solicited through appointments on boards, commissions, and advisory bodies that assist with

program development and implementation.

I can’t think of a better

way to bridge the gaps in

services, or to effectually

provide a ‘continuum of

care’ for victims of crime,

than to join forces with

our victim assistance

colleagues. Through a

unified, coordinated

approach, victim compensation and victim

assistance professionals

can more adequately

meet the fundamental

needs of victims. This is

what we as professionals

want, this is what victims

of crime need.

Ann DelNegro, 

Executive Director, 

Delaware Violent Crimes

Compensation Board

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Section 4: New Directions in Financial Recovery
Some compensation programs have established advisory boards,

although only a few are mandated by state law to do so. To ensure that

the policies, procedures, and communications of the compensation

program are fully informed by the experiences of crime victims, at least

one of the members should be a crime victim or survivor.While all states

should strive to establish advisory boards,those programs that have not

should routinely meet with victims and victim service providers to

review whether state statutes, program guidelines, and policies are

responsive to the needs of crime victims and to determine possible

barriers that might impede a victim’s access to compensation benefits.

Compensation programs must work to ensure that their programs and

policies coordinate with and complement the range of services and

assistance provided to victims in the state.When making policy decisions,

compensation programs should seek input from local victim service

groups, as recommended in the VOCA Compensation Guidelines.20

COMPENSATION RECOMMENDATION FROM THE FIELD #9

Victim compensation programs should

establish multidisciplinary cross-training

programs to ensure that victim advocates

and allied professionals are fully

informed of the scope of compensation

programs and that compensation professionals are kept up to date on the

services victims need most. 

Cross-training is essential to a responsive, accessible compensation

program. It is important that victims and those who serve them have

a thorough understanding of the requirements for receiving compensation, the process for applying for benefits, and the legislative and

programmatic limitations of assistance. In addition to general

outreach, compensation programs should conduct trainings and

briefings throughout the state on a regular basis, and should ensure

that adequate training is available for law enforcement, prosecution,

emergency room staff and other medical providers, and victim

service providers.

At the same time, in order to ensure that compensation programs are

responsive to the needs of crime victims, compensation professionals

should build strong relationships with victim assistance providers,

advocacy groups, and criminal justice professionals. Training of compensation program staff on issues these groups encounter in working with

crime victims will help programs address emerging needs.

Victim services is an

evolving field. In order to

continually meet the

needs of crime victims we

need to take the time to

listen to victims. We need

to learn how to serve

them better.

Sylvia Bagdonas, 

Director, 

Wyoming Crime Victims

Compensation Program

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Chapter 14: Crime Victim Compensation
COMPENSATION RECOMMENDATION FROM THE FIELD #10

Victim advocacy should be institutionalized in victim compensation programs.

Every program should include an

advocate on staff to help victims access

services and resources that are not

available from the program. 

Victim advocacy skills and knowledge should be emphasized in all

hiring and training decisions to ensure that all staff are skilled at

addressing the broader needs of crime victims. Compensation program

staff should focus not only on proper claim documentation and expeditious claims processing, but also in assisting victims in accessing

services outside of compensation. Ideally, every compensation program

should provide victim advocacy by intervening with creditors, making

referrals to victim assistance programs throughout the state especially

for victims who are not eligible for compensation, providing assistance

in the filing of a claim, or simply taking extra time to explain the

compensation process.

In larger programs, victim advocacy may require more than one staff

position. Florida’s compensation program employs nine victim

advocates throughout the state to assist victims with filling out and

filing compensation claims. Massachusetts’ compensation program

employs advocates to assist victims through the entire claims process,

including translation for non-English speaking crime victims. In 1997,

the VOCA Victim Assistance Program Guidelines were revised to

allow VOCA victim assistance grant funds to be used to support such

positions.21 As a result, the District of Columbia’s compensation

program recently hired a full-time advocate to assist victims who apply

for compensation within the District.

In some states, compensation claims processors also serve as victim

advocates. It is critical that these individuals receive training on providing services for traumatized victims, including making appropriate

referrals to resources in the victim assistance community. States that

include victim advocates as part of their compensation program staff

find not only that the advocates are helpful to victims but that they

help raise awareness of the impact of victimization and the important

role that compensation plays within the community.

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Section 4: New Directions in Financial Recovery
COMPENSATION RECOMMENDATION FROM THE FIELD #11

States should maximize victims’ ability to

recover losses and cover expenses, and

should institute mechanisms for ensuring

sufficient funding sources for victim

compensation programs. 

Although the total amount of state funds awarded to crime victims

has nearly tripled since the enactment of VOCA in 1984,some states

continue to experience funding crises and are unable to pay claims for

all of the eligible applications they receive. Programs should continue

to ensure the availability of resources by exploring new funding

options and maintaining reasonable controls over costs. In cases in

which the victim’s losses exceed the program’s maximum payment,

programs should, in addition to expanding caps, intercede with

creditors and providers and request that they accept reduced payment

on a victim’s outstanding bills. This is often a viable alternative to

spending more money. It is also in keeping with the financial advocacy

and service mission of compensation programs. For example,

Massachusetts recently assisted a victim with lost wages and over

$40,000 in medical bills by negotiating with the victim’s providers to

accept $7,000 on the outstanding bills.As a result, the program was

able to reimburse the victim for lost wages and pay for the purchase

and fitting of a prosthesis under the state’s $25,000 cap.

Some states have found restitution to be a significant source of

additional revenue. Restitution payments can serve a dual purpose:

first, they can be used to cover victims’ expenses that cannot otherwise

be met through compensation;second, programs can be reimbursed,

through a process known as subrogation, for compensation payments

made to victims who subsequently receive restitution for the same

expenses.22 When compensation programs pursue restitution from

offenders, however, they should ensure that restitution payments are

applied first to cover losses not covered by the compensation program.

This requirement should be mandated by law.

To be effective at recovering restitution, compensation programs must

establish partnerships with local criminal justice agencies. Both California and Iowa, who have established such partnerships, have made significant strides in increasing payments to victims and securing program

revenues by aggressively pursuing criminal restitution payments owed to

crime victims and fines or fees owed to the compensation fund.California’s program worked closely with prosecutors and the courts to

develop strategies to increase collections. Their collaborative efforts

resulted in the enactment of legislation to facilitate restitution collection,

including the establishment of a rebate program allowing a 10 percent

347

Chapter 14: Crime Victim Compensation
reimbursement to counties on all restitution fines remitted to the state’s

compensation program.In addition, a wage garnishment program was

established within the state’s department of corrections that deducts 20

percent of inmate wages to pay outstanding restitution fines.Iowa’s

program more than doubled its restitution and subrogation revenues by

urging prosecutors to seek restitution, urging probation and parole

officials to collect restitution payments, and contacting offenders directly

for payments. The program also initiated an automated computer system

to assist in garnishing wages and seizing income tax refunds from

delinquent offenders. These innovative efforts should be replicated by

other compensation programs to increase program revenue.

COMPENSATION RECOMMENDATION FROM THE FIELD #12

All state compensation programs should

evaluate themselves to determine

whether: (1) there are barriers to compensation that should be removed, (2) the

program’s outreach efforts are effective,

(3) the services provided are effective, (4)

the scope of victims that qualify for

compensation is broad enough, (5) claims

are processed as efficiently as possible,

(6) available benefits for mental health

treatment are sufficient, and (7) reasons

for denial of compensation claims.

All victim assistance programs,including state compensation programs,

should be evaluated on a regular basis.In addition,state compensation

programs should develop customer satisfaction surveys and provide them to

victims for their input.Some states such as Wyoming and Iowa routinely

send client satisfaction surveys to all approved and denied claimants to

solicit input into the state’s processes,benefits,and services.OVC is currently

supporting a nationwide evaluation of compensation and assistance

programs,and findings are scheduled for release by the year 2000.

COMPENSATION RECOMMENDATION FROM THE FIELD #13

Compensation programs should make

effective use of advanced technologies

such as automated claims management

systems and electronic linkages with

medical providers, insurance companies,

and criminal justice agencies. 

348

Section 4: New Directions in Financial Recovery
An automated system for processing victim applications can significantly

increase a program’s ability to serve crime victims efficiently and expeditiously.Many programs have moved from manual to automated operations

and have implemented strategies for correcting inefficiencies. An

automated claims management system enables program staff and managers

to quickly retrieve information from a victim’s application form to generate

routine correspondence,verification requests, and statistical reports.

Compensation programs should also explore ways in which technology can foster communication with local service providers and facilitate

victim referrals among programs throughout the state.Victims and

advocates in Oklahoma,Texas,Iowa, and other states now have the

ability to download compensation applications from the Internet,23 and

Florida operates an automated telephone system for medical providers

and others to use to receive current information on claim status. These

services provide valuable information to the public while freeing staff

time to process victim applications. However, no programs currently

allow applications to be filed electronically.

OVC encourages states to use their VOCA administrative grant funds

to explore innovative approaches to using technology to facilitate claims

filing and expedite claims processing.Compensation programs should

take advantage of emerging communications technologies such as the

Internet to inform victims and the general public about the availability of

victim compensation. Many compensation programs have established

websites on the Internet that provide information about eligibility

requirements and application procedures.24

COMPENSATION RECOMMENDATION FROM THE FIELD #14

State compensation programs should

work with other state programs that

provide funding for victim services to

ensure that victims’ needs are met

comprehensively throughout the state.

The need for state compensation programs to be aware of the range of

victim services funded throughout the state has been raised in many of the

recommendations in this section.Many compensation programs provide

extensive referrals to victim assistance programs and should work with

state level funding agencies to identify local victim assistance programs

and areas in which services are lacking.In some states,services such as

counseling,shelter, crime scene cleanup, emergency transportation, and

child care are provided by local victim assistance programs.In others,

compensation programs must fill in the gaps.Many state compensation 

349

Chapter 14: Crime Victim Compensation
and assistance programs are working together, even functioning out of the

same state agency.In other states, compensation programs need to

enhance their partnerships with other victim service funding agencies.

COMPENSATION RECOMMENDATION FROM THE FIELD #15

Compensation programs should consider

the effects that more universal health care

coverage (through expanded public benefits

and broader private coverage) might have

on their eligibility and benefits structures.

Most other countries with victim compensation programs also have

some form of national health care that provides coverage to all citizens

for medical treatment.As a result, victim compensation can be used to

address the effects of long-term psychological or physical injuries,to

make payment for pain and suffering, and to reimburse property losses.

While the debate on a national health care program in the United States

has moved into the background of public policy issues, efforts at the

federal and state levels to provide more coverage to greater numbers of

Americans are continuing.It is possible that the United States may

eventually achieve more universal coverage, which likely would have a

substantial effect on the payments made by compensation programs for

medical care, which is currently the largest source of claims nationwide.

To be prepared for the future, compensation programs should explore

ways in which victims can be served beyond current benefits by using

any funds freed by future national changes in medical coverage.

COMPENSATION RECOMMENDATION FROM THE FIELD #16

Compensation programs throughout the

world should agree to compensate victims

of crime within their borders regardless of

nationality. The U.S. Departments of State

and Justice should continue to work

together to establish this principle as a

basis for coverage in all countries. 

Nearly all compensation programs in the United States provide

coverage to foreign citizens injured in their jurisdiction. U.S.residency

and citizenship are not required for eligibility.A number of other

countries, however, including France and Japan, have either nationality

or residency requirements. The principle of universal coverage,regardless of citizenship,should be extended throughout the world through

changes in law, or reciprocal agreements if necessary. Representatives

350

Section 4: New Directions in Financial Recovery
of the U.S. Department of Justice have participated in a number of

forums to discuss these issues, and they should continue to work with

the State Department and state governments in the United States to

make universal coverage for all travelers a reality.

COMPENSATION RECOMMENDATION FROM THE FIELD #17

Compensation programs should consider

providing funds to cover transportation

costs for victims who must travel across

state lines to attend criminal proceedings.

In some cases, victims and their families must travel to other states to

attend trials. For example, in the Oklahoma City bombing cases, many

victims traveled from Oklahoma City to attend the trials in Denver.

Compensation programs should consider reimbursing victims when the

costs of traveling to criminal proceedings would create hardship.

COMPENSATION RECOMMENDATION FROM THE FIELD #18

Compensation programs should use

excess funds to support victim assistance.

Compensation programs should maintain sufficient reserves to

guarantee prompt payment of victims’ losses, provide greater levels of

benefits, and expand coverage to more victims.While programs must

be careful to maintain a healthy flow of funds, they should, in appropriate circumstances, consider using reserves far in excess of current and

projected needs to support activities that benefit victims.

States that have excess funds in their compensation programs

should find ways to ensure that the money remains earmarked for

crime victims and is not diverted for other purposes. The Texas Constitution, for example, has been amended to dedicate the Texas Crime

Victims’ Compensation Fund to crime victims, protecting the money it

provides to local rape crisis centers, family violence shelters, children’s

advocacy centers, and similar programs.

351

Chapter 14: Crime Victim Compensation

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: U.S. Government Printing Office,

December 1982:39.

2 National Association of Crime Victim Compensation Boards, Crime Victim Compensation: An Overview,

Washington, DC: National Association of Crime Victim Compensation Boards, 1997:1; National Association of

Crime Victim Compensation Boards, Crime Victim Compensation: A Fact Sheet, Washington, DC: National

Association of Crime Victim Compensation Boards 1997; National Association of Crime Victim Compensation

Boards, Crime Victim Compensation Program Directory, Washington, D.C.: National Association of Crime

Victim Compensation Boards 1996.

3 National Association of Crime Victim Compensation Boards, Crime Victim Compensation Program Directory, 1.

4 Id. One notable exception is crime scene clean-up incident to violent crimes.

5 D. Parent, B.Auerbach, B and K. Carlson, Compensating Crime Victims:A Summary of Policies and Practices,

Washington, DC: U.S. Department of Justice, Office for Justice Programs, National Institute of Justice, 1992, NCJ

136500.

6 Nation Wide Analysis, Victims of Crime Act, 1996 Victims of Crime Act Performance Report, State Compensation Program, Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Office for Victims of

Crime,April, 14 1997.

7 The information was provided by the National Association of Crime Victim Compensation Boards and reflect

information provided by the U.S. Department of Justice, Office for Victims of Crime, 1996.

8 California operates the nation’s largest program, paying nearly one-third of all compensation benefits nationwide (approximately $75 to $80 million annually). The second largest program,Texas, pays out approximately

$20 to $30 million to victims each year.

9 Victims of Crime Act of 1984, Pub. L. No. 104-235, codified at 42 U.S.C. §10601-10605, 18 U.S.C. §3050 (1996).

10 Office for Victims of Crime, International Crime Victims Compensation Program Directory,Washington, D.C.:

Office of Justice Programs, U.S. Department of Justice, 1996. To create the International Directory, U.S.

embassies in 174 countries were contacted and asked to collect compensation program information from the

appropriate officials in each country. OVC also contacted victim assistance programs throughout the world. Of

the 91 countries responding to the survey, 30 reported having compensation programs, and they are listed in

the International Directory with programs in the United States.

11 Office of General Counsel, “Office of General Counsel (OGC) Recommendations for Bringing State Statutes

into Compliance with the Requirements of the Antiterrorism Act under VOCA.” Washington, D.C.: U.S. Department of Justice, Office of Justice Programs, Office of General Counsel. The new provisions of VOCA pertaining

to crimes involving terrorism are located at 42 U.S.C. 10602(b)(6)(B) and (d)(3).

12 Telephone survey by Dan Eddy, Executive Director, National Association of Crime Victim Compensation Boards,

October 1997.

13 National Association of Crime Victim Compensation Boards, Crime Victim Compensation Program Directory.

In addition, this information was compiled into a chart entitled Mental Health Counseling Limits, compiled by

the National Association of Crime Victim Compensation Boards, September 1997.

14 Kilpatrick, D. and B. Saunders, Prevalence and Consequences of Child Victimization, Research Preview,

Washington, D.C.: National Institute of Justice,April 1997.

15 Commentary “Silent Victims, Children Who Witness Violence,” Journal of the American Medical Association,

1993:269:2 at 262- 264.

16 National Association of Crime Victim Compensation Boards,“Rules, Benefits Adapted for Domestic Violence,”

Crime Victim Compensation Quarterly, Autumn 1997:3.

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Section 4: New Directions in Financial Recovery
17 VOCA Victim Compensation Final Program Guidelines, February 1997, III.B.3 provides: “Compensable

expenses to be included in the annual certification must be authorized by state statute or rule, providing there

is a rule making authority in state law. States may include expenses, not specifically identified in VOCA,such as

pain and suffering; crime scene clean-up;replacement costs for clothing and bedding held as evidence;

medically-necessary building modification; medically-necessary devises; and attorney fees related to victim’s

claim for compensation.”

18 Kilpatrick, D.G., C.N. Edmunds, and A.K. Seymour, Rape in America: A Report to the Nation, National Victim

Center & Medical University of South Carolina, 1992.

19 TEX. CODE CRIM. PRO. art. 56.46 (West 1997).

20 VOCA Victim Compensation Final Program Guidelines, February 1997, III.A.4.

21 Id., IV.E.1.c.

22 Compensation programs are “subrogated” to the victim for any expenses the victim recovers from the offender

or a third party. That means that if the victim recovers any money from the offender or any other party liable

for the victim’s expenses, the compensation program must be paid back for that portion of the expenses for

which the program has paid. Generally, if the victim's losses are greater than the amount paid for by the

compensation program, the program will expect repayment only after those other losses are fully reimbursed.

In other words, if the victim's total losses are $100,000, and the compensation program awards $10,000, the

amounts the victim receives from other sources can go to pay for the remaining $90,000 in losses before the

compensation program needs to be repaid.

23 See e.g., ourworld.compuserve.com/homepages/derene/cvc.htm

24 See e.g., www.nccrimecontrol.org/VJS/; www.treasury.state.tn.us/injury.htm;

www.ink.org/public/Kdhr/community/shawnee/agentfile/96030.html

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Chapter 14: Crime Victim Compensation
CHAPTER 15 

Restitution 

Restitution holds offenders partially or fully accountable for the

financial losses suffered by the victims of their crimes. Restitution is

typically ordered in both juvenile and criminal courts to compensate

victims for out-of-pocket expenses that are the direct result of a crime.

Most often, it is ordered in cases of property crime such as a home

burglary involving stolen or damaged property or the theft of goods

from a retail store. It may also be applied to reimburse victims of

violent crime for current and future expenses related to their physical

and mental health recovery and to make up for loss of support for

survivors of homicide victims. Other types of cases in which restitution

is commonly ordered are theft of services (e.g. cab or restaurant bills),

fraud, forgery, and violation of vehicle and traffic laws. Restitution is not

a punishment or an alternative to fines, sanctions, or interventions with

the offender. It is a debt owed to the victim. Recently, judges have also

begun to order “community restitution,” in which convicted or adjudicated offenders “pay back” the community through service.

The concept that offenders should provide restitution to the victims

of their criminal or delinquent acts can be traced back thousands of

years to the earliest forms of laws governing society.1 In the Bible,

recompense to the victim included not only reimbursing or replacing

the victim for what was lost, but additional measures as a guilt offering.2

Over time, government took responsibility for prosecuting crimes, and

crimes were viewed as committed against the state, not against the

victim.3 As a result, for the most part, restitution was forgotten.4

Modern-day restitution emerged in the 1930s with the establishment

of penal laws in some states permitting restitution as part of suspended

sentences and probation.5 In the 1960s and 1970s, a number of restitution initiatives emerged. Federal funding became available in the mid1970s for the development of restitution programs across the country.

Recommendations for the consideration of restitution were made in

policy statements of such groups as the National Commission on

Criminal Justice Standards and Goals, the Council of Judges of the

National Council on Crime and Delinquency, the American Bar Association, and the American Law Institute. It was not until the 1980s,

however, that restitution found new prominence as a critical element

of the victims’ rights movement.

The concept of personal

accountability for the

consequences of one’s

conduct, and the allied

notion that the person

who causes the damage

should bear the cost, are

at the heart of civil law. It

should be no less in

criminal law.

The Final Report 

of the 1982 President’s Task

Force on Victims of Crime

355

Chapter 15: Restitution
Restitution as a significant remedy for crime victims was first

addressed on the federal level with the enactment of the Victim and

Witness Protection Act (VWPA) of 1982, which required federal judges

to order full restitution in criminal cases or state their reasons for not

doing so on the record.6 The same year, the Final Report of the

President’s Task Force on Victims of Crime reinforced the language of

the VWPA by recommending that “judges should order restitution to the

victim in all cases in which the victim has suffered financial loss, unless

they state compelling reasons for a contrary ruling on the record.”7

Restitution is needed, the President’s Task Force argued, because:

It is simply unfair that victims should have to liquidate 

their assets, mortgage their homes, or sacrifice their 

health or education or that of their children while the

offender escapes responsibility for the financial hardship 

he has imposed . . . if one of the two must go into debt,

the offender should do so.8

As a result of these developments, national research efforts soon

followed. Two early studies published in the 1980s, Crime Victim

Restitution:An Analysis of Approaches, a comprehensive review of

restitution programs published by the National Institute of Justice in

1986,9 and the American Bar Association’s Guidelines Governing

Restitution to Victims of Criminal Conduct in 1988,10 highlighted

model restitution approaches. Both publications cited a need for

increased accountability on the part of the justice system and the

offender to make consistent payment of restitution a reality.

Over a decade later, the importance of restitution was emphasized

on the federal level with the enactment in 1994 of the Violent Crime

Control and Law Enforcement Act, which made restitution mandatory

in cases of sexual assault or domestic violence. In 1996,restitution was

made mandatory on the federal level in all violent crime cases and in

certain other cases with the passage of the Mandatory Victim Restitution Act.11 Full implementation of these provisions will bring new

importance to restitution in federal criminal proceedings. Other significant changes may be on the horizon. A victims’rights constitutional

amendment proposed in Congress in 1997 calls for an order of full

restitution from the convicted offender.

12

In the decade that followed the 1982 passage of the Victim and

Witness Protection Act, every state passed statutes addressing restitution,

most following the lead of the federal model. However,states continue to

amend their statutes, creating a patchwork of financial reparations for

victims across the country. As of 1995, 29 states had followed federal law

in mandating restitution in all cases, unless the presiding judge offers

compelling reasons not to do so.13 Some states, however, mandate restitu356

Section 4: New Directions in Financial Recovery
tion only in cases involving violent crimes, while others mandate restitution only in cases involving property crimes.

Moreover, in some states, not only the victim but family members,

victims’ estates, private entities, victim service agencies, compensation

programs, and private organizations that provide assistance to victims

may seek restitution. A number of states require that offenders be on

probation or parole before victims may collect restitution, and many do

not require restitution from juvenile offenders.14

Despite the passage of federal and state legislation,restitution

remains one of the most underenforced victim right within the

criminal and juvenile justice systems. Evidence of this is apparent both

in decisions to order restitution and in efforts to monitor, collect, and

disperse restitution payment to victims. In a 1992 report on recidivism

of felons on probation, the Bureau of Justice Statistics reported the

results of a two-phase survey of selected counties.15 Of the 32 counties

surveyed, only half required restitution in at least one-third of all felony

probation cases.16 A study of a followup sample revealed that the

average restitution order imposed was $3,368 per probationer.

17 For

felony probationers who had completed their sentences, only 54

percent of the amount of restitution ordered was paid.18

National research studies indicate that restitution is one of the most

significant factors affecting the satisfaction of victims with the criminal

justice process. The results of a 1989 study funded by the State Justice

Institute and conducted by the American Bar Association (ABA) found

that victims who were not satisfied with their involvement in the

criminal justice system cited their lack of input into the decision about

how much restitution to impose and the lack of information provided

to them about the criminal justice process.19 The ABA study found that

victims expressed the most satisfaction with the process when they felt

there was communication between them and a member of the criminal

justice system who served as their contact, most typically a member of

the victim-witness office. Earlier in 1980, Hudson and Galway found that

a majority of the victims they surveyed, 61 percent, viewed monetary

restitution as the fairest form of punishment.20 However, more than half

of the survey, 51 percent, indicated dissatisfaction with restitution,

mostly because they felt the amount imposed was insufficient.21

In 1997, the Promising Practices and Strategies for Victim Services in

Corrections project,sponsored by the National Victim Center with

support from the Office for Victims of Crime, identified 10 obstacles

that directly influence a jurisdiction’s ability to manage a successful

restitution program. These obstacles include the belief among some

justice professionals that all offenders are indigent and cannot afford to

pay restitution; the fact that restitution orders often are not first in the

priority of court-ordered payments and follow behind court costs,

I think if the criminals

who do these things are

caught they should have

to pay for the damage

they do, even if it takes

them years. My family

and I will be trying to

recover from this for the

rest of our lives.

A victim 

The 1982 President’s Task

Force Final Report

357

Chapter 15: Restitution
fines, costs of salaries for justice officials, costs of incarceration, and

other financial obligations; the lack of interagency agreements stipulating who is responsible for monitoring, enforcing, collecting and

disbursing restitution; and cynicism of some crime victims and service

providers about efforts to collect restitution, which contributes to low

employee morale among those responsible for monitoring restitution

programs and payments.22 While all of these barriers can be overcome,

each must be closely examined and addressed when agencies seek

measures to improve their restitution collection programs.

Models for Implementing Restitution Statutes

Restitution can be a highly complex process, involving numerous

professionals and a diverse array of tasks. Moreover, there are inherent

problems in requiring financial reparation from offenders who appear

to be indigent at the time of sentencing. Many jurisdictions across the

country are experimenting with and institutionalizing procedures to

enhance and streamline restitution collection.

• In New York City,the Criminal Court is establishing a “court-based

infrastructure” to ensure strict accountability for all conditions, including restitution,that are imposed by the court. The Court is developing an innovative electronic information and communications system

to link the various agencies, including those responsible for restitution, batterers’ intervention, and substance abuse treatment.

• In New Jersey, a pilot program has been initiated to improve the rate

of offender payment of court-ordered fines,restitution, and

community service. By using a consistent sanctioning policy toward

sentence violators and a centralized bench warrant process before

one judicial officer in the Superior Court, the project has produced

immediate significant results. The success of the program encouraged

10 other New Jersey jurisdictions to start similar pilot programs.

• The Earn-It Program, first created in Quincy, Massachusetts, places

offenders who are ordered to pay restitution with local businesses

for employment. The offenders are paid minimum wage and keep

one-third of their earnings. The remaining two-thirds is paid to

victims.23 For juvenile offenders, the program requires community

service in place of monetary restitution. The program has been

replicated in many jurisdictions around the country.

• In Westchester County, New York, the probation department

established an Economics Sanctions Unit in 1991 with responsibility

for collecting restitution. Payments from probation are mailed to the

Unit and restitution accounts are monitored by the accounting staff.

Probation officers receive special training on the collection of

restitution, and the Unit works with officers when offenders have

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Section 4: New Directions in Financial Recovery
problems making payment. In addition, the probation departments of

both Westchester County and Alexandria,Virginia, evaluate probation

officers’ proficiency in managing restitution cases as a component of

their job performance evaluation.24

• In Alexandria,Virginia,the Clerk’s office generates restitution data and

circulates a monthly report to all key players in the criminal justice

system that helps them manage restitution functions more effectively.

The report lists each restitution case, with figures for amounts received

during the current month,total paid, and total owed. Any changes in

the status of a restitution case are circulated to all agency heads.

• In Phoenix,Arizona, the Maricopa County Probation Department

requires probationers enrolled in the intensive supervision program

and the work furlough program who owe restitution to endorse

their paycheck and sign them over to the probation department.

Another check is then issued to the offender, minus the restitution

payment. Probationers enrolled in the day reporting program are

also subject to this requirement.

• In Summit County, Colorado, offenders who owe more than $2,000

in restitution are required, as a condition of probation, to submit

their income tax returns to their probation officers. If the offender is

entitled to a tax refund, the probation officer can require the

offender to pay that amount toward their restitution obligation.

• On the federal level, the Bureau of Prisons has developed an

Inmate Responsibility Program that requires inmates to make

contributions from their inmate wages toward their financial

obligations, including restitution.

Coordinated Interagency 

Restitution Collection

A coordinated interagency approach to restitution collection has

been implemented by the City of Alexandria,Virginia, as well as other

jurisdictions across the country. These programs were studied by the

Victim Assistance Legal Organization (VALOR) in 1995-1996 for a

project on restitution reform.25 Supported with funding from the Office

for Victims of Crime,VALOR’s report outlines five essential goals for

managing restitution using a coordinated interagency approach:

• Effective Communication and Coordination Among Criminal

Justice Agencies and Professionals. Effective communication and

coordination among criminal justice and juvenile agencies and

personnel are crucial to successful restitution management. A lack

of communication affects every aspect of the process and severely

hampers any efforts to improve restitution management.

The coordinated interagency approach to

restitution management is

a common sense

approach to solving some

of the problems that have

plagued restitution

programs for decades.

This approach promotes

the full use of restitution

within the traditional

criminal justice system by

implementing essential

goals of victim involvement, effective communication, clear definition

and streamlining of tasks

and roles, routine

information flow, 

and accountability by 

all participants.

Jane N. Burnley & 

Morna A. Murray 

Restitution Reform: 

The Coordinated

Interagency Approach,

1997

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Chapter 15: Restitution
• Clear Definition and Delineation of Restitution Roles. Because

restitution involves a multitude of tasks, it is essential that agency

roles be clearly defined and acknowledged. Lack of such clarity can

lead to duplication of services or failure to provide certain services

at all. Neither the victim nor justice is served when the system fails

to define and assign the roles involved in restitution in a manner that

is both efficient and effective.

• Efficient and Streamlined Coordination of Restitution Tasks. Restitution tasks must be viewed with a keen eye toward eliminating

unnecessary steps and duplication of efforts. Tasks should be assigned

to the agency most capable of performing it efficiently. At times,this

may require rethinking procedures or reallocating resources.

• Routine Flow of Information and Data. Establishing an efficient,

routine flow is important for two types of restitution information:

substantive data and procedural data. It is extremely important for

each agency at each stage of the criminal and juvenile justice system

to be aware of any developments, changes, or problems that have

occurred in other agency restitution responsibilities.

• Participation and Accountability by All Parties to the Process. Each

criminal and juvenile justice system agency and professional must

take responsibility for their portion of the restitution process. To do

this, agencies should recognize their interdependence and use a

coordinated, interagency approach.

This commonsense approach to restitution is promising for solving

problems that have plagued effective administration of restitution

programs for decades. Underlying its success is the requirement that

restitution receive priority at every level of the criminal and juvenile

justice systems.

Restitution and Automation

One of the most significant barriers to collecting restitution is a lack

of automation. Often, multiple agencies, in addition to the victim and

offender, are involved in the restitution process. When data regarding

orders, payment or nonpayment, and related information are not

readily available and shared,restitution orders fall through the cracks of

the justice system. To address this problem,several jurisdictions have

implemented innovative, cost-effective automated systems.

• The Court-Ordered Payment System (COPS) is an automated collection system located on the mainframe computer of the Florida

Department of Corrections and linked to the offender’s criminal

history and supervision/inmate records. The program requires

offenders to make payments to the state, which are then converted

to government checks and disbursed to victims and other payees.

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Section 4: New Directions in Financial Recovery
COPS links all 155 probation offices, 51 major institutions, 32

community correctional centers, and 43 road prisons, work camps,

and forestry camps. A 4 percent surcharge on all court-ordered

obligations is used by the department to defray the costs of processing payments from offenders.

• The Washington Department of Corrections operates a highly

successful automated billing system that sends monthly “billings” to

offenders who have outstanding restitution orders, allowing them to

budget victim restitution as they would any other financial obligation. The system accepts credit cards for payment.

Innovative Approaches to 

Collecting Restitution

Across the country,some jurisdictions are using innovative strategies

to collect restitution when offenders fail to pay on schedule. These

efforts include using civil remedies, making offenders forfeit bond

money for restitution obligations, collecting restitution while offenders

are institutionalized as well as after they are placed on parole, providing incentives for incarcerated offenders to pay restitution, accepting

credit card payments, garnishing wages, converting restitution orders

to community service, extending community supervision until offenders fulfill their restitution obligations, and hiring private collection

agencies to seek payment. These innovative methods are discussed

below in further detail.

Civil Remedies

According to the National Victim Center, 41 states have laws that

provide civil remedies for victims whose offenders’sentences include

restitution orders. In most of these states, once an offender has

defaulted on payment, a civil judgment can be enforced by placing a

lien on real property, garnishing wages, attaching assets or wages, or

freezing bank accounts. The attachment of deposited funds (“freezing”)

is usually time-limited from the initial restitution order (such as 24

months), unless it is extended by the court or paroling authority.

Laws in several states provide for specific measures to enforce

restitution orders as civil judgments. Delaware allows up to one-third

of an offender’s total earnings to be assigned to victim restitution.

Minnesota and Washington provide for the freezing of bank accounts,

and courts in Montana and Oklahoma may order the forfeiture,seizure,

or sale of offenders’ assets.

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Chapter 15: Restitution
Forfeiture of Bond Money

In Westchester County, New York, when a violation of probation is

filed as a result of failure to pay restitution, the probation officer can

request bail. The officer then suggests that the court set bail in the

amount of the owed restitution, if the amount is not unreasonable. In

the accompanying report to the court, the court is advised that if the

violation is sustained and the probationer is willing to assign the bail

money as payment of restitution, the probation department would

recommend that probation be continued or, in some cases, terminated.

The report recommends alternative sentences for probationers who

will not assign bail money. These sanctions modify the order to

include a graduated sanction such as “shock time,” community service,

or electronic monitoring. In some instances, a recommendation of

revocation and a sentence of incarceration is made.

Restitution Collection in Institutions

Many forward-looking correctional agencies encourage inmates’

participation in fulfilling their restitution obligations and increase

collections by offering incentives. Correctional agencies use a variety

of measures to do this, including increasing inmates’ privileges for

visitation and services at the prison commissary, giving them priority

enrollment in popular education programs, and removing privileges for

failure or refusal to participate in the department’s victim restitution

program. Restitution program staff and court officials must be educated

on the availability of prison restitution procedures.

The California Department of Corrections (CDC) has implemented

an Inmate Restitution Fine Collections System supported by state law

that enables the department to deduct up to 50 percent of inmate

wages and other trust account deposits to pay court-ordered restitution.

This amount is forwarded to the State Board of Control Restitution

Fund, which provides reimbursement to qualified victims for expenses

such as medical costs and counseling incurred as a result of the crimes

committed against them. Since its inception in November 1992,this

system has resulted in the collection of over $9 million from inmate

wages and trust account deposits.CDC’s Victim Services Program staff

also coordinates voluntary restitution payments from inmates and

parolees as well as money from annual inmate fundraising events.

Community Restitution

When offenders are truly indigent and unable to pay even a portion

of their restitution order, many correctional agencies give offenders the

option of performing community restitution. It should only be

imposed, however, after victims have given their consent. Some victims

may want to have the restitution order remain in effect for the

offender’s lifetime rather than see their debt discharged in another

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Section 4: New Directions in Financial Recovery
fashion. Other victims may feel a measure of compensation by helping

to select the type and location of the service that offenders will

perform. Offenders generally perform services directly for the victim,

for a favorite charity of the victim, or a public work project of the

agency that the victim chooses.Victim restitution does not preclude an

order of community restitution as well. The offender not only has

caused monetary damage to the victim but also has damaged the safety

and security of the community as a whole.

Using Private Collection Agencies

Some states authorize justice agencies to use the services of private

collection agencies to secure restitution payments. The use of private

collection agencies, which have experience, automated systems, and

employees trained to track down delinquent debtors, can significantly

increase the collection of restitution. Although a percentage of the

payment collected is kept by the collection agency,reducing the

amount of restitution the victim receives, many justice agencies and

victims feel that 90 percent of a restitution order is better than nothing

at all.When contracting for the services of private collection agencies,

justice agencies should establish clear guidelines for acceptable collection tactics and secure the permission of the victim.

Victim Services, Inc., a nonprofit organization, manages the restitution collection program in New York City for all nonprobation cases. In

fiscal year 1997, 2,732 cases were referred to the organization, which

collected a total of $1,830,000. Overall, the payment rate in those cases

was 79 percent.

Enforcing Restitution Statutes

Several states and local jurisdictions have undertaken innovative

measures to enforce restitution orders. In some states, offenders who

fail to pay restitution risk being held in contempt of court, imprisoned,

or having their parole or probation extended or revoked.26 Such

sanctions can be lifted in extreme cases in which an offender can

demonstrate hardships that prevent them from making payment.

However, in such cases,restitution payment schedules should be

adjusted, not abandoned.

It is important that victims understand their obligation to report

nonpayment of court- and parole board-ordered restitution so that

correctional agencies can assess the reasons for nonpayment and

consider sanctions.Victims should be provided the opportunity to have

input into the types of sanctions that might be imposed.

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Chapter 15: Restitution
Recommendations from the Field 

for Restitution

RESTITUTION RECOMMENDATION FROM THE FIELD #1

Restitution orders should be mandatory

and consistent nationwide. Full restitution

should include all immediate and

expected monetary costs of the crime to

victims, including property loss, health

and mental health costs, and, when

appropriate, compensation for pain and

suffering. When a victim cannot be identified to receive restitution, judges should

consider ordering payment to national,

state, or local victim assistance or

compensation programs. Judges should

review restitution orders periodically to

assess whether the victim has incurred

additional costs as a result of the crime

and whether the offender is making

timely payments. Restitution payment

plans should include provisions for

immediate payment of full restitution

should the offender obtain additional

financial assets.

Judges should order full restitution in every case. Realistic payment

schedules should be established, and victims should be advised fully

about realistic expectations for the likelihood and speed of full collection. Restitution orders should reflect the full extent of damages to the

victim so that victims can seek civil judgments in that amount.

RESTITUTION RECOMMENDATION FROM THE FIELD #2

A coordinated, interagency response

throughout the justice system is essential

for the effective collection of restitution.

It is critical that all justice agencies responsible for restitution,

including courts, probation, prosecution, and corrections, implement

coordinated, interagency models for the collection of restitution to

enable professionals at each stage of the process to carry out their

responsibilities more effectively. Much of the disparity between the

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Section 4: New Directions in Financial Recovery
perceived and actual effectiveness of restitution practices may be traced

to procedures that have become cumbersome because they involve

numerous agencies and personnel. A coordinated interagency approach

to restitution collection that manages this complex process with clearly

defined roles and streamlined tasks will improve communication among

agencies, increase consultation and communication with victims, and

enforce judicial restitution orders with appropriate followthrough.

RESTITUTION RECOMMENDATION FROM THE FIELD #3

Restitution must be a priority for all

criminal justice agencies if it is to be

implemented successfully. 

Because multiple entities are involved throughout the restitution

process,successful collection depends on their ability to cooperate.

Studies show that compliance increases when restitution is made a

priority in correctional agencies, but lags when restitution is not a top

agency concern. Programs that aggressively target restitution generate

more successful performances and lower recidivism rates.

RESTITUTION RECOMMENDATION FROM THE FIELD #4

Victims should be informed as early as

possible in the justice process of their

right to receive restitution from the

offender. They should be notified of the

disposition of the case, advised of realistic

expectations for payment, and provided

with information about their rights when

offenders fail to pay.

Because many victims are not informed of their right to obtain

restitution for their losses, they do not adequately document their

financial losses.Without this evidence, victims have a difficult time

proving damages at the time of sentencing.Victims should be informed

of their right to restitution as early as possible, and they should receive

information at that time on what type of documentation is necessary

for the court and what methods they can use to obtain that documentation. In addition, victims should be informed of whom to call if they

have any problems or questions. The appropriate agencies must

initiate proceedings in those jurisdictions which provide for statutory

imposition of civil remedies.

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Chapter 15: Restitution
RESTITUTION RECOMMENDATION FROM THE FIELD #5

At the time of sentencing, courts should

have sufficient information about both

the victim and the offender to determine

the amount of full restitution and a

payment schedule.

Judges often state that their failure to order restitution is due to a

lack of information regarding the victim’s loss or the offender’s financial

assets or future ability to pay. Presentencing reports must contain victim

impact information on financial losses, including current and expected

medical and counseling expenses, lost wages, and property losses.

Presentencing reports should also cover offenders’ ability to pay restitution, including information on wages accumulated while incarcerated

pending trial or final sentencing. Moreover, victim impact statements

should describe the cost of the crime to the victim, particularly in cases

in which a presentence investigation report was not filed.

Justice professionals and victim service providers also have a responsibility to educate victims about how to document immediate losses

such as expenses related to medical care, mental health services,

funeral expenses, time off from work, and crime scene cleanup and

relocation. The guidelines for documenting losses for restitution 

orders that were developed through the National Victim Center’s

Promising Practices and Strategies for Victim Services in Corrections

project sponsored by the Office for Victims of Crime should be widely

distributed to victims.

RESTITUTION RECOMMENDATION FROM THE FIELD #6

The use of technology can greatly

enhance the tracking and payment of

restitution orders. Those responsible for

monitoring restitution should automate

their program.

The full automation of restitution collection will assure more

efficient communication among responsible agencies and improve the

tracking of money collected, owed, and disbursed. Many jurisdictions

are creating software packages that fully automate restitution

processes, which substantially increases both restitution collection and

victim satisfaction.

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Section 4: New Directions in Financial Recovery
One reason restitution orders are not enforced is the cost involved

in tracking the orders. Automation can improve efficiency and, over

time, greatly reduce this cost. One software package, for example,

includes programs for tracking payments, establishing disbursement

priorities, prompting enforcement measures and generating enforcement reports, and writing checks to victims. To facilitate the collection

of restitution, administrative fees should be included in any order that

includes payment in installments. These fees should be used to

develop computerized tracking systems or to prioritize collection.

RESTITUTION RECOMMENDATION FROM THE FIELD #7

Offenders should be held accountable for

restitution payments; state legislation

should make restitution payments a

priority over other payments due from the

offender, including fines, fees, and restitution to entities other than the crime victim;

and restitution payments should be

collected before fines or penalties.

Correctional agencies should put procedures in place for dealing

with offenders who fail to pay restitution as ordered.When offenders fail to make restitution payments, notice should be sent to the

appropriate judicial or probation officers to reevaluate the offenders’ ability to pay and their release status. Measures that can be

taken in response to offenders who default on payments range 

from informal communication by the probation officer to a courtordered revocation hearing.When appropriate, the probation 

officer should consider steps to modify the payment schedule. If 

an action is taken that will affect the payment of restitution, the

victim should be informed.When an offender’s probationary 

period is coming to a close and an outstanding balance of restitution remains, the probation department or the court should extend

supervision, step up collection, or assist victims with procedures 

to pursue civil judgments.

Offenders are generally unable to pay all restitution, fines, court

fees and other costs in one lump sum. It is logical and right that the

party least able afford to absorb the loss—the victim—be paid first.

Several states and the federal government have already legislated

such a priority.

27

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Chapter 15: Restitution
RESTITUTION RECOMMENDATION FROM THE FIELD #8

Corrections agencies, including prisons,

jails, probation departments, and paroling

authorities, should designate one person

to be responsible for victim inquiries and

contact regarding restitution. 

Victims are often confused about which official to call with

questions and concerns about restitution because so many agencies are

involved in the process. Designating one person or office for victims to

contact for reliable and accurate information will help facilitate an

effective restitution process.

RESTITUTION RECOMMENDATION FROM THE FIELD #9

A probation or parole officer’s

proficiency in managing restitution cases

should be a component of evaluating

their job performance. 

The ability to manage restitution cases should be considered an

essential part of a probation and parole officers’ job. Evaluations of job

performance should include this important responsibility.

RESTITUTION RECOMMENDATION FROM THE FIELD #10

Failure to comply with a restitution order

should result in an extended sentence of

the offender’s community supervision.

In the state of Washington, offenders who fail to comply with their

restitution orders can have their sentence of community supervision

extended for up to 10 years by the department of corrections. Often,

an offender’s desire to be released from community supervision

provides impetus for offenders to fulfill their restitution requirements

in a more timely manner.

RESTITUTION RECOMMENDATION FROM THE FIELD #11

Civil remedies should be applied on a

routine and consistent basis to assist

crime victims in collecting restitution. 

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Section 4: New Directions in Financial Recovery
More than 40 states have enacted laws to provide civil remedies for

the collection of court-ordered restitution. Such remedies include

converting the restitution order into an automatic civil lien, garnishing

wages,suspending driver’s licenses, placing automatic liens on real

property, and intercepting state income tax refunds. Agencies responsible for the collection of restitution should inform victims about these

civil options. For a more detailed discussion of civil remedies,see the

next chapter of this section.

RESTITUTION RECOMMENDATION FROM THE FIELD #12

Victims should have the right to petition to

amend the payment schedule for restitution, the amount of restitution ordered,

and any failure to order restitution.

Victims of crime frequently incur losses that are not known at the

time of sentencing. Expenses for rehabilitation and long-term counseling as well as additional lost wages are often incurred following the

sentence.Victims should have the right to petition the court to modify

the restitution order. Several states have adopted this approach as a

matter of law.

28

RESTITUTION RECOMMENDATION FROM THE FIELD #13

Before the court modifies a payment

plan or makes other changes to a 

restitution order, it should notify the

victim and give them an opportunity to

be heard on the matter. 

Of all the parties concerned,restitution orders affect the victim most.

Any change in a restitution order must involve consideration of the victim’s

interests by soliciting input from the victim.Several states already provide

victims this opportunity to be heard, and it should be standard practice in

all states.29 In Arizona,the victim is also entitled to question the defendant

under oath about his employment, assets, and financial condition.30

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Chapter 15: Restitution

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Most people are familiar with the term “an eye for an eye,” which dates back to the Code of Hammurabi in the

18th century B.C.. R. F. Harper, Code of Hammurabi (trans. 1904) (2nd ed.). The Hebrew Law of Moses (about

1688 B.C.) specifically provided for the payment of restitution.

2 Exod. 22:1, 7, 9 and Lev. 6:1-5.

3 The idea of restitution was prevalent throughout primitive societies. In Saxon England, a legal system

developed which delineated between the restitution owed to the victim’s family (called the Bot), and that owed

to the king for violating the king’s peace (called the Wit). Frank, L.F., The Collection of Restitution:An Often

Overlooked Service to Crime Victims, ST. JOHN’S JOURNAL OF LEGAL COMMENTARY 8, 107-34 (1992),

referencing J. Stark, & H. Goldstein, The Rights of Crime Victims (1985). Eventually,Anglo-Saxon law established

the concept of the “botless” crime, and crimes were punished solely on the basis of being violations of the

king’s peace. The victim then took on a secondary role and was left without remedies within the criminal

system. The only recourse was to pursue damages in a separate civil action.

4 Id., Frank.

5 Id. at 111.

6 Victim and Witness Protection Act of 1982, Pub. L. No. 97-291, Sec.4, 96 Stat. 1249 (codified at 18 U.S.C. Secs.

1512-1515; Fed. R. Crim. P. 32).

7 President’s Task Force Report on Victims of Crime, Final Report, Washington, D.C.:U.S. Government Printing

Office, December 1982:72.

8 Id. at 79.

9 McGillis, D., Crime Victim Restitution:An Analysis of Approaches, Washington, D.C.: U.S. Department of Justice,

National Institute of Justice, 1986, NCJ 103680.

10 American Bar Association, Guidelines Governing Restitution to Victims of Criminal Conduct, Washington,

D.C.:American Bar Association, 1988.

11 The Mandatory Victim Restitution Act,Title II of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.

L. No. 104-132 (1996), 18 U.S.C. § 3663A (1996).

12 S.J. Res. 52, 104th Cong., 2d Sess., 149 Cong. Rec. S3792-06 (1996); H.J. Res. 173, 104th Cong. 2d Sess., 142 Cong.

Rec. H3657-08 (1996); H.J. Res. 174, 104th Cong., 2d Sess., 142 Cong. Rec. H3657-08 (1996). S.J. Res. 6, 105th

Cong., 1st Sess.(1997).

13 Id.

14 Because there are numerous ways to structure and define mandatory measures within legislation, it is difficult

to precisely quantify how many states actually require restitution. See generally National Victim Center, 1996

Victims’ Rights Sourcebook:A Compilation and Comparison of Victims Rights Laws, National Victim Center,

Arlington,VA., 1997, §11.

15 Langan, P. A., and M. A. Cunniff, Recidivism of Felons on Probation, 1986-89, Washington, D.C.: U.S. Department of Justice, Bureau of Justice Statistics, February 1992.

16 Id.

17 Cohen, R., Probation and Parole Violation in State Prison, 1991 (August 1995).

18 Id.

19 B. Smith et al.,Improving Enforcement of Court-ordered Restitution, funded by the State Justice Institute, 1989.

20 Id.

21 National Victim Assistance Academy,National Victim Assistance Academy Text, Alexandria,VA, 1997:21-10-7.

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Section 4: New Directions in Financial Recovery
22 Seymour,A.,“Victim Restitution,” Promising Practices and Strategies for Victim Services in Corrections, Office

for Victims of Crime and National Victim Center,Arlington,VA, 1997:VI-4/5.

23 McGillis, D., Crime Victim Restitution:An Analysis of Approaches, 9.

24 American Probation and Parole Association, Promising Victim-Related Probation and Parole Practices,

American Probation and Parole Association, 1997:44.

25 Burnley, J. and Murray, M., Restitution Reform:The Coordinated Interagency Approach, Washington, D.C.:

Victims’Assistance Legal Organization and Office for Victims of Crime, U.S. Department of Justice, 1997.

26 National Victim Center, 1996 Victims’ Rights Sourcebook, Sec. 11.

27 See e.g., IOWA CODE § 910.2,WIS. STAT. § 973.20, and 18 U.S.C. 3612 (payment of the penalty assessment has

the first priority, but payment of restitution has priority over all other fines, penalties, costs, and other payments

required under the sentence).

28 Alabama allows any of the parties with an interest in the income withholding order to petition to alter, modify

or rescind the order, including the victim, the defendant, or the district attorney for good cause (ALA. CODE

§15-18-151). In Iowa, the court retains the power to issue further supplemental orders as additional victim

losses are incurred (IOWA CODE § 910.3). Arizona provides that the defendant or those entitled to restitution

may petition the court for an order modifying the payment schedule (ARIZ. REV. STAT. §13-804).

29 As examples,see ARIZ. REV. STAT. § 13-804; MONT. CODE ANN. § 46-18-246.

30 ARIZ. REV. STAT. § 13-810.

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Chapter 15: Restitution
CHAPTER 16 

Civil Remedies

Victims of crime often suffer great physical, psychological and

financial losses, and they are increasingly looking to the civil justice

system for reparations. The tangible costs of crime to victims, such as

medical expenses, mental health counseling, and lost productivity, are

estimated at $105 billion annually. The intangible costs—the price of

the pain, suffering, and reduced quality of life victims must endure—are

even greater: $345 billion annually.1 Although some victims are compensated through state victim compensation or through restitution ordered

as part of a sentence, these sources frequently fall short of covering

their total losses. In particular, restitution and state-funded compensation rarely, if ever, compensate victims for the diminished quality of life

resulting from continuing pain and suffering. A judgment in a civil suit

can provide such compensation as well as secure important preventative measures that would not result from a criminal action alone.

The 1982 President’s Task Force on Victims of Crime did not address

the use of civil litigation to secure relief for crime victims. The Task

Force focused entirely on recommendations for the criminal justice

system. It is primarily within the last decade that civil litigation has

emerged as a meaningful option for crime victims and as a specialized

area of attorney expertise. This progress has been due in large part to

the legal research and advocacy efforts of the late Frank Carrington, a

member of the Task Force. Throughout the 1980s, Mr. Carrington

provided legal advice and advocacy to hundreds of crime victims.With

support from the Office for Victims of Crime, he teamed up with the

National Victim Center in 1990 to create the nation’s first training

series on civil legal remedies for crime victims. Over the next several

years, more than 2,000 victims, service providers, and attorneys were

introduced to victims’ rights through this nationwide training series.

High-profile cases in recent years have highlighted the financial

compensation and other benefits that are available to crime victims

who pursue civil litigation. In one case, $33.5 million was awarded to

the families of two murder victims,3 and in another, $5.2 million was

awarded to a woman sexually assaulted at a Las Vegas convention.4

Other successful civil lawsuits were brought by the parents of a slain

foreign exchange student,5 and by two adult sisters who were sexually

abused as children.6 These cases have dramatically raised the consciousness of not only the public and the legal community about civil legal

remedies for victims, but the victim service field as well.

[Victims’ rights] litigation,

if successful, vindicates

the rights of the immediate victim. . . . Perhaps

more importantly, if a

body of victims’ rights law

develops, it will have the

preventive aspect of

putting would-be

criminals and third

parties who are responsible for victimization on

notice that the law works

to aid victims, in

addition to punishing 

the wrong-doer.2

Frank Carrington, 

Founder, Victims’ Assistance

Legal Organization

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Chapter 16: Civil Remedies
In addition to compensating victims financially for their losses, civil

remedies empower victims to exercise their rights. In a civil lawsuit,the

victim rather than the state is in control of essential decisionmaking.

Victims decide whether or not to pursue a civil suit, and they choose

their own attorneys. The burden of proof is lower in civil cases than in

criminal cases,requiring a less rigorous measure of the evidence to

establish liability. A defendant can be required to testify at trial, if

subpoenaed. Furthermore, victims have a voice in the outcome of a civil

action by deciding whether or not to accept a settlement offer.

Civil litigation can have preventative effects as well. Civil suits may

be brought against other parties involved in victimization. For example,

a hotel or office building may be sued by a rape victim for security

violations that allowed the attack to occur. This kind of lawsuit may

change the way the defendant and others conduct business,reducing

the possibility of further crimes.

However, the ability of victims to seek civil remedies has been

hampered by a lack of information about victims’ options for pursuing

a civil lawsuit, including how to contact an attorney to take on a case;

by legislation limiting the period of time after victimization within

which a case may be brought; and by the absence of legislation permitting a particular kind of case to be filed. Initiatives to overcome these

barriers are discussed below.

Providing Critical Information to Victims 

Historically, information about pursuing civil remedies has not been

readily available to crime victims. Many attorneys did not understand

the possibilities for recovery, and victim service providers and victims

themselves were unaware of the relief available through a civil suit.

Other victims have not known how to find an attorney to take on

their case. In response, attorney networks have been established

specifically to refer victims of crime to lawyers with experience in

their particular kind of case.

• The Coalition of Victim Attorneys and Consultants (COVAC), a nationwide referral service for victims seeking to pursue civil lawsuits, has

been established through the National Victim Center (NVC) in

Arlington,Virginia. COVAC consists of attorneys with experience

representing crime victims in civil matters and professionals from

other fields who serve as experts or consultants in civil cases involving crime victims. The group is the membership arm of NVC’s

Carrington Victims’ Litigation Project (CVLP), which helps attorneys

provide sensitive representation. CVLP has compiled a Civil Justice

Case Law Data Base, which contains over 9,000 case summaries of

appellate decisions relating to civil litigation by crime victims.

By pursuing civil litigation claims, crime victims

have often found the legal

rights, the restitution and

the sense of justice that

eluded them in the

criminal justice system.

Jay Howell, 

Attorney and Victim Advocate,

Jacksonville, Florida

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Section 4: New Directions in Financial Recovery
• The organization One Voice in Washington, D.C. has compiled a

database of attorneys who handle cases of child sexual abuse

brought by adult survivors as well as custody cases in which the

child has disclosed sexual abuse and the alleged abuser is seeking

full custody or unsupervised visitation rights.

In order for any attorney network to be successful, however, crime

victims must be informed of their right to bring suit and that

knowledgeable attorneys are ready to help them. This obligation falls

principally with those individuals who come into contact with victims

most frequently: law enforcement officers, prosecutors, and victim

service professionals. In the area of domestic violence, a number of

providers have established connections with attorneys who are willing

to handle the civil litigation needs of domestic violence victims.

Legislative Changes 

Congress and state legislatures have enacted numerous laws to assist

crime victims seeking civil remedies. Recent legislation in states across the

country has focused on the need in child sexual abuse cases to extend the

statute of limitations—the time within which people must file suit.Many

states now extend the statute of limitations for bringing civil actions

against abusers until many years after the child has reached the age of

majority.Connecticut,for example, established one of the lengthier statutes

at 17 years past the age of majority,or age 35.Civil actions in these cases

are allowed regardless of the victim’s reason for not bringing the action

earlier.Other laws enable adults who were sexually abused as children to

collect monetary damages from the federal pensions of their abusers.7

Recent legislation has also made civil remedies available to victims of

gender-based violence,stalking, and hate-motivated violence. The Violence

Against Women Act (VAWA) of 1994 introduced a new civil remedy for

victims of sexual assault,domestic violence, and child abuse,stating that

“[a]ll persons within the United States shall have the right to be free from

crimes of violence motivated by gender.”8 Under this provision of the Act,

anyone who commits a crime of violence motivated by the victim’s gender

is liable to the victim for compensatory and punitive damages.VAWA

allows restitution ordered for expenses such as medical fees,physical and

occupational therapy,lost income, and attorney’s fees in criminal gendermotivated cases to be enforced like a civil damage award.

Moreover, all 50 states and the District of Columbia have enacted antistalking laws, most of which impose criminal sanctions against stalkers.

A few state legislatures have also enacted laws that create a civil law tort

of stalking allowing victims of stalking to sue perpetrators for monetary

damages.9 Finally, many laws have been passed that provide legal

recourse for hate-motivated violence based on a victim’s race, color,

national origin,religion, gender,sexual orientation, disability, or age.10

375

Chapter 16: Civil Remedies
Recommendations from the Field 

for Civil Remedies

CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #1

Crime victims should be fully informed of

their legal rights to pursue civil remedies.

It is always the victim’s decision whether or not to pursue a civil

action against a perpetrator. It is also solely the victim’s decision to

select a civil attorney.Victim service providers, however, can serve as a

vital source of information to help victims make decisions that are well

informed.When victims express an interest in filing a civil lawsuit,

victim service providers should be prepared to discuss factors to

consider when selecting an attorney and other referral-related information. Prosecutors and law enforcement officials should be able to

provide crime victims with basic information about civil litigation

options and materials on appropriate attorney referral networks.

CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #2

State and local networks of civil attorneys

who have experience representing crime

victims should be expanded. Education

and training on civil remedies for victims

should be offered to attorneys to increase

the pool of qualified lawyers in these

networks and to maintain the level of

expertise among member attorneys. Nonattorney experts and professionals should

participate in these trainings and

networks to educate attorneys on victim

issues and make their representation

more effective. 

Victims need referrals to experienced civil attorneys. Membership

organizations for attorneys such as the American Bar Association, the

American Trial Lawyers Association, local bar associations, and state

lawyer coalitions should encourage attorneys in the private sector who

specialize in civil litigation on behalf of crime victims to establish and

join attorney networks such as the Coalition of Victim Attorneys and

Consultants. Bar associations should cosponsor trainings with service

providers such as rape crisis clinics and domestic violence shelters to

educate lawyers on the proper handling of victims’ issues in civil cases.

According to a recent USA

Today opinion poll, the

American public is more

knowledgeable about

victims’ civil legal rights

resulting from both the

increased attention at

state and national levels,

and more media

attention afforded to

victims’ civil litigation.

Crime Victims’ 

Litigation Quarterly

National Victim Center, 

May 1997

376

Section 4: New Directions in Financial Recovery
Specialized continuing legal education classes on civil litigation for

victims, as well as other products and services such as case digests and

legal periodicals that deal specifically with civil litigation involving

crime victims,should be developed to assist the lawyers in their work.

In addition, these attorneys should receive training from victim service

providers about the impact of victimization.

CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #3

Increased efforts should be made to

identify consultants with the expertise to

testify on issues relevant to victimization

in civil and criminal cases.

Expert consultants are often crucial to successful ligation and

prosecution. Not only do they provide vital information as witnesses at

trial,they are also invaluable in assisting with case preparation,

mediation, and settlement negotiations.In addition, consultants can

educate members of the legal profession on unique aspects of cases

involving crime victims, including the psychological consequences of

violence on victims, premises liability and security issues,repressed

memory, and forensic evidence. Legal organizations and associations

should encourage the development and recruitment of expert witnesses

while forming better partnerships with their professional organizations

(for example,the International Association of Professional Security

Consultants and the International Association of Trauma Counselors).

CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #4

Civil attorneys should work with victim

service providers, law enforcement

officials, and prosecutors in their

communities to develop an easy-tounderstand pamphlet about civil remedies

for crime victims.

Most crime victims do not understand the criminal, let alone the

civil, justice process. Before victims decide to pursue a civil lawsuit,

they must know the advantages and disadvantages of bringing such a

suit. At a minimum, brochures should be developed to help explain

the civil justice and court system to victims, including how victims can

access civil legal advocacy and assistance.

377

Chapter 16: Civil Remedies
CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #5

Civil attorneys should provide training to

victim service providers on civil remedies

for crime victims.

The Office for Victims of Crime has funded the development of a

curriculum for victim service providers on civil remedies for crime

victims. The training has been conducted in 15 states as either a 2-day

training program or a workshop that is part of a larger statewide or

regional conference. Training for victim service providers in civil litigation should be continued, using Civil Legal Remedies for Crime Victims

as a basic text. This training should be held jointly with training for

lawyers by victim service providers to cross-train these professionals.

CIVIL REMEDIES RECOMMENDATION FROM THE FIELD #6

Statutes of limitations for civil actions

involving child abuse cases should be

extended, as has been done in a number

of states. States should also examine

statutes of limitations for civil actions

relating to other criminal acts to

determine whether they should be

extended to provide a meaningful

opportunity for crime victims to obtain

needed relief.

Many states have extended the statute of limitations for bringing cases

involving child victims of sexual crimes.11 Civil extensions for child

sexual abuse cases are most often based upon the discovery rule that by

the time the victim discovers the wrongdoing or the relationship of the

conduct to the injuries,the time limitation may have expired. This

“delayed discovery” is frequently due to emotional and psychological

trauma and is sometimes accompanied by repression of the memory of

abuse.Child victims frequently do not discover the relationship of their

psychological injuries to the abuse until well into adulthood, often

during the course of psychological counseling or therapy.

A second reason for extending the limitations period for victims of

sexual assault is that they may fear intimidation or retaliation or face

other psychological impediments to proceeding with a civil action

during the normal period of limitations. This same rationale should be

extended to other crimes, including sexual assault, domestic violence,

and hate and bias crimes against adult victims.

378

Section 4: New Directions in Financial Recovery
379

Chapter 16: Civil Remedies

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 Miller,T., Cohen,A. M. and B.Wiersema, Victim Costs and Consequences:A New Look, Washington, DC: National

Institute of Justice, U.S. Department of Justice, 1996:2.

2 Carrington, F., Victims’ Rights Litigation:A Wave of the Future?, 11 U. RICH. L. REV., Spring:447, 454 (1977).

3 Rufo, et al. v. Simpson, et al., SC 031947 (Cal. Super. Ct. 1997).

4 Coughlin v. Hilton Hotels Corp., 879 F.Supp. 1047 (Nev. 1995), aff’d 112 F.3d 1052 (9th Cir. 1997).

5 Hattori v. Peairs, 662 So.2d 509 (La. Ct. App. 1995).

6 Sabia v. State of Vermont, 164 Vt. 293, 669 A.2d 1187 (1995).

7 See The Child Abuse Accountability Act of 1994, Pub. L.No. 103-358,(codified at various sections of Title 5,

U.S.C.).

8 See The Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,Title IV, Subtitle C,

§40302, 108 Stat. 1941 (codified at 42 U.S.C. § 13981).

9 See CAL. CIVIL CODE §1708.7 and WYO. STAT. ANN. §1-1-26. California’s law allows victims of stalking to sue

perpetrators for punitive damages.

10 Representative statutes include: CAL. CIVIL CODE §51.7; FLA. STAT. ANN. §775.085; IOWA CODE §729A.5; MICH.

COMP. LAWS §28.344; N.J. REV. STAT. 2A:53A-21 and OKLA. STAT. §21.850.

11 See e.g., CAL. CIVIL CODE §340.1; CONN. GEN. STAT. §52-557d; ME. REV. STAT. ANN. tit.14 § 752-C, and NEV. REV.

STAT. §11.215.

380

Section 4: New Directions in Financial Recovery
SECTION V

New Directions

for Child Victims

Each year in America,millions of children directly

experience or witness violence in their homes,

neighborhoods, and schools. The impact of

such crime and violence on our nation’s youth is

undeniably profound.This section addresses the

unique needs of child victims and outlines the legal

rights and protections that have emerged at the federal and state levels in the areas of child physical

and sexual abuse, child abduction, and other types

of crimes against children. It reviews the long-term

impact of crime on child victims, and presents

examples of programs and services that have been

developed across the nation to address the health

and mental health needs of child victims, and to

help them through the criminal or juvenile justice

process in sensitive and comprehensive ways. Such

services include children’s advocacy centers, courtappointed special advocates, and other multidisciplinary approaches. It also contains a number of

recommendations designed to improve services for

child victims such as replicating promising practices

in other communities, specially training all professionals who come in contact with child victims, and

enhancing data collection and research initiatives in

the area of child victimization.
CHAPTER 17

Child Victims

Each year, hundreds of children write to the President, the First Lady,

and the Attorney General about being abused. In graphic detail their

letters chronicle the physical,sexual, and emotional abuse inflicted on

our nation’s children. They ask to be protected. They ask for police

officers and judges to intervene. They harbor hope that somebody

who is “in charge” will help. One such letter was sent to the President

in 1996 by an 11-year-old victim:

Dear Mr. President,

I would appreciate if you would read this letter at your next

meeting. . . . I myself have been molested by my step-grandfather for almost two years. Right now I have to talk to a

detective about it, I’d rather be put in jail for twenty years. It

hurts. I would like to know why I have to go through so much

pain by talking about it over and over again and have to draw

pictures and show places on dolls. How come I’m being put

through such pain when I did not commit a crime? I just want

to know why kids are being hurt over these things.I want to

make a big point—Kids are being hurt.

The 1980s witnessed the emergence of many new legal rights and

protections for child victims. Nationally publicized cases involving

child abduction,sexual abuse, and chronic physical abuse leading to

death gave the nation and its legislators a wake-up call to the plight of

abused children. Much of the legislation that followed focused on

protecting children from abuse and reducing the trauma of children

participating in the criminal justice system.

The 1982 Final Report of the President’s Task Force on Victims of

Crime voiced a special concern for child victims of sexual abuse,

calling for a response to child victimization in two general areas:(1)

protecting children through legislation requiring or permitting childserving institutions and agencies to check for criminal records of

prospective candidates for employment or volunteer positions, and (2)

treating child victims with sensitivity by calling on prosecutors and

judges to recognize “the profound impact that sexual molestation and

sexual violence has on young victims and their families and to treat it

as a crime that should result in punishment, with treatment available

when appropriate.”1

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Chapter 17: Child Victims
Since 1982, the change in the nation’s awareness of the impact of

crime on children has been dramatic. Research efforts have examined

various aspects of child victimization, including the long-term mental

health impact on children who experience and witness violence; the

motivations of perpetrators who prey on children; the family dynamics

of intra-familial child abuse and neglect; and effective responses of

professionals in the social service, health, mental health, and criminal

justice systems. Overall, greater attention has been given to all forms of

child victimization, including sexual and physical abuse, neglect,

exploitation, abduction and psychological or emotional abuse.

While a decade ago “stranger abductions” were believed to be among

the greatest threats to children, it is now well documented that of the

thousands of children each year classified as missing or abducted,

parents, not strangers, are responsible for the vast majority of child

abductions.2 Moreover, the largest category of missing children today

are runaway, thrownaway, and homeless youth, a substantial number of

whom have been victims of prior physical or sexual abuse in their

homes. Their life on the streets continues this pattern of violence.

Over the past decade new manifestations of child victimization

have emerged.Advances in technology now present serious threats

and potential harm to children.Video cameras are increasingly used

to produce homemade child pornography. Personal computers

equipped with scanners and access to the Internet are used to

instantly disseminate child pornography worldwide and to solicit

children for sexual encounters.

Research is also revealing new information about the intergenerational cycle of violence.A link between early victimization and later

involvement in violent crime has been identified, although additional

research is needed to understand fully why some abused or neglected

children become violent, while the majority do not.3 New data is also

showing that witnessing violence in the home and community

adversely impacts a child’s mental health and development, including

an increased likelihood in some children to become directly involved

in violence, whether as victims or perpetrators, as they mature.

While substantial legislative changes,research, and funding has been

dedicated to child victimization, one frustrating fact has not changed

since 1982—the lack of accurate data on the extent of child victimization in America. In 1997, there is still no national repository of all child

victimization statistics, meaning the nation lacks precise data on the

number of children who are victimized each year.

4 Without accurate

data, the national debate often turns to the accuracy of the numbers

rather than focusing on the problem itself.

I would like to tell you

about people that abuse

their children then as

their children get older,

they abuse children. Well

I’m one of those children.

My father started abusing

me when I was six years

old. Then when I was

thirteen I started to abuse

other children. I’m now

in a treatment center for

what my father did and

for what I did.

A child abuse victim

384

Section 5: New Directions for Child Victims
In spite of the lack of exact data,recent statistics on child victimization suggests it is a crisis of national importance. Each year in America

it is estimated that:

• 1 million children are substantiated victims of abuse or neglect.5

• 130,000 children are sexually abused.6

• 2,000 children die as a result of abuse or neglect.7

• 450,000 children are considered runaways.

• 127,100 children are considered “thrownaways.”

• 354,100 children are abducted by parents.

• 3,200 to 4,600 children are abducted by strangers.8

• 3 million children witness violence in their homes.9

• Large proportions of inner-city children witness violence in 

their communities.10

Federal Legislation and National Programs

A review of the legislative initiatives and national programs of the

past three decades shows that the recommendations of the President’s

Task Force to increase rights and protections for children have been

met and exceeded.

• In 1974, the Child Abuse Prevention and Treatment Act established

the National Center on Child Abuse and Neglect within the Department of Health and Human Services to assist professionals who work

with children who have been physically or sexually abused or

neglected. The Center supports the National Clearinghouse on Child

Abuse and Neglect Information and a national data archive.

• In 1978, the American Bar Association launched the ABA Center on

Children and the Law to improve children’s rights, the response of

court systems, and the quality of legal work in child protection

cases.Among its programs, the Center operates a National Child

Welfare Resource Center on Legal and Court Issues supported by the

U.S. Department of Health and Human Services.

• In 1984,the Missing Children’s Assistance Act established a clearinghouse and national resource center dedicated to helping exploited

children—the National Center for Missing and Exploited Children.

Since its creation,the Center has handled more than 1 million calls to

its 24-hour hotline, distributed millions of publications, and provided

advice and technical assistance to thousands of parents, prosecutors,

law enforcement officers, and child services professionals.11

• In 1985, the National Center for Prosecution of Child Abuse was

established by the National District Attorney’s Association as a

program of the American Prosecutors Research Institute. The Center

has improved the investigation and prosecution of child abuse

385

Chapter 17: Child Victims
crimes nationwide through training and technical assistance to

prosecutors and allied professionals.

• In 1986, the Children’s Justice Act gave states funds for interdisciplinary training programs, interagency protocols for referrals and

joint interviews, and the creation of children's advocacy centers or

similar programs encouraging partnerships among agencies for

joint investigations. The Act has since been amended to allow

funding for the improvement of civil and criminal court responses

to child abuse as well as for the establishment of interagency child

fatality review teams.

• In 1990,the Victims of Child Abuse Act established rights and services

for child victims of federal offenders. The Act added a new section to

the Federal Rules of Criminal Procedure codifying innovative child

witness reforms. They included alternatives to in-court appearances

through closed-circuit television testimony or videotaped depositions;

a presumption of child witness competency; privacy protections;

courtroom closure provisions; authority for appointments of

guardians ad litem; provisions for a supportive person to accompany

the child during their court appearances;speedy trial provisions;

authority for judges to permit child witness use of anatomical dolls;

and consultation with multidisciplinary teams. The Act was amended

in 1993 to provide funding to support local children’s advocacy

centers and to establish regional training centers to assist communities in establishing interagency teams to respond to child abuse cases.

• In 1993, the National Child Protection Act provided authority for

conducting criminal background checks for child care providers

nationwide and required states to report child abuse crime information to the FBI's criminal record system.

• In 1994, the Jacob Wetterling Crimes Against Children and Sexually

Violent Offender Registration Act provided financial incentives for

states to enact sex offender registration requirements. Following

passage of the Act, a number of states required offenders convicted

of state crimes against children to maintain a current address with

state law enforcement authorities for 10 years after release from

prison, parole, or supervision.

• In 1994, a provision of the Crime Control and Law Enforcement Act

criminalized domestic and international travel for the purpose of

engaging in sexual activity with a child.

• In 1996, the Child Pornography Prevention Act included as a form of

child pornography any computer-generated, or “morphed” depiction

of a child engaged in sexually explicit conduct. The new statute

considers the motives of the producers and the intended audience,

386

Section 5: New Directions for Child Victims
as well as the presumed harm to the victim, as justification for

prohibiting this form of pornography.

• In 1996, Megan’s Law amended the Jacob Wetterling Act to provide

for the notification of a community regarding the presence of a

registered sex offender. The law was passed to better protect

children from known sex offenders.

State Legislation Protecting Child Victims

Numerous state laws now exist to protect children from physical

and sexual abuse and to provide an array of rights and services for

child victims who participate in the criminal justice process. Reforms

on behalf of children have taken place at every step of the criminal

justice process, from the initial reporting of abuse through the investigation, prosecution, and disposition of convicted offenders. Many of

these reforms—expediting the adjudication of child abuse cases,

limiting the number of investigative interviews with child victims, and

providing advocacy for child victims in criminal courts—were considered radical a decade ago but are now common practice in many

communities. More can be done, however, to protect the rights and

improve the treatment of all child victims.As a first step,special protections for child victims participating in the criminal justice system must

be made consistent nationwide.

The Long-term Impact of Child Victimization

Victimization is a serious threat for America’s children and youth.

In 1992, the National Institute of Justice released a report, The Cycle

of Violence, by Cathy Spatz Widom, Director of the Hindelang

Criminal Justice Research Center at the University of Albany, New

York. The study revealed a significant link between victimization in

childhood and later involvement in violent crimes—a cycle of

violence.12 The study found that for some children, violence does,

indeed, beget violence. Those who had been abused or neglected as

children were more likely to be arrested as juveniles and as adults for

a violent crime. On average, abused and neglected children begin

committing crimes at a younger age, they commit nearly twice as

many offenses as nonabused children, and they are arrested more

frequently.Widom also conducted interviews with a large number of

people 20 years after their childhood victimization. Preliminary

findings from this followup study suggest that the long-term

consequences of childhood victimization may also include mental

health concerns, educational problems, alcohol and drug problems,

and occupational difficulties.

The youngest victims of

crime still struggle with a

justice system that often

remains distant, remote,

and unresponsive to the

unique vulnerabilities of

children. Children are

not miniature adults.

Jay Howell, 

Attorney and Victim Advocate,

Jacksonville, Florida

387

Chapter 17: Child Victims
In April of 1997, the National Institute of Justice released a summary

of research, Prevalence and Consequences of Child Victimization,

conducted by Dean Kilpatrick and Benjamin Saunders of the Crime

Victims Research and Treatment Center-Medical University of South

Carolina. The report’s preliminary findings on the mental health

impact of child victimization are highlighted below:

• A significant number of the youthful population have been victims

of sexual and physical abuse and have personally witnessed

incidents of violence.

• Of the nation’s 22.3 million adolescents ages 12 to 17, approximately

1.8 million have been victims of a serious sexual assault, 3.9 million

have been victims of a serious physical assault, and almost 9 million

have witnessed serious violence. Nearly 2 million appear to have

suffered (and more than 1 million still suffer) from post-traumatic

stress disorder (PTSD)—a long-term mental health condition often

characterized by depression, anxiety, flashbacks, nightmares, and

other behavioral and physiological symptoms.About 3.4 million

adolescents have been drug or alcohol abusers as well.

388

Section 5: New Directions for Child Victims

Federal and State Statutes Addressing Child Victims

No. of 

States Federal Type of Statute

32 X Limits the release of identifying information about child 

abuse victims in criminal proceedings.

25 X Mandates speedy disposition of criminal cases involving child

victims or witnesses.

39 X Extends or removes the statutes of limitation for offenses 

against children.

16 Affects admissibility of videotaped statements/interviews in 

criminal child abuse proceedings.

35 X Affects admissibility of videotaped testimony/dispositions in 

criminal child abuse cases.

34 X Affects closed-circuit television testimony in criminal child 

abuse proceedings.

50 X Affects case law regarding competency of child witnesses to 

testify in criminal proceedings.

33 Affects use of special hearsay exceptions for criminal child 

abuse cases.

2 Limits the length of a child’s in-court testimony.

15 X Permits closing of courtroom during child victim or witness 

testimony in criminal child abuse cases.

9 X Permits the use of anatomical dolls in criminal child abuse cases.

15 X Allows the appointment of guardian ad litems in criminal 

child abuse cases.

34 X Mandates or authorizes the creation of multidisciplinary/multiagency child protection teams.

17 Mandates autopsies in child death cases.

18 Mandates or authorizes creation of child death review teams.

44 Authorizes HIV testing of sex offenders.

50 X Requires sex offenders to register with a government agency.

American Prosecutors Research Institute’s, National Center for Prosecution of Child Abuse,

Statutory Summary Project, December 31, 1996.
• Among adolescents who have been physically assaulted, 23.4

percent developed PTSD and 14.8 percent still suffer from it,

compared to 10.8 and 4.5 percent,respectively, among nonvictims.

• More female than male adolescents had been sexually assaulted: 13

percent of females versus 3.4 percent of males. Sexual assault was

defined in the study as “unwanted but actual sexual contact.”The

researchers noted that this did not include unsuccessful attempts at

contact or noncontact victimization such as exhibition.

• Respondents indicated that young males had significantly higher

rates of being physically assaulted than females: 21.3 versus 13.4

percent. Behavior that the study considered to be a physical assault

included being attacked or threatened with a weapon; being badly

hurt from a beating; or being attacked without a weapon but with

the intent to kill or seriously injure.

The researchers note that confirmation of the study’s hypothesis—

that there is a correlation between victimization experiences, PTSD,

and delinquency—awaits completion of data analysis. However, preliminary findings indicate the significance of child victimization as a risk

factor for adolescents to develop major mental health problems and to

abuse alcohol as a means of coping with PTSD. These problems are

often a precursor of delinquent behavior.

13

Children Who Witness Violence

The Medical University of South Carolina’s research also measured

the lifetime experience of children who witness someone shot with a

gun, knifed,sexually assaulted, mugged,robbed, or threatened with a

weapon. The researchers did not include witnessing violence portrayed

in the media—on television, in the movies, or in print media.In measuring the lifetime experience of children who witness violence,they

found that 43 percent of male adolescents and 35 percent of female

adolescents had witnessed some form of violence firsthand.Among

witnesses to violence, 15 percent developed PTSD, compared to 3.3

percent of surveyed youths who had not witnessed violence.14

These new research findings underscore much of what has been

known by those who provide counseling and support to children in

the aftermath of victimization: that significant long-term mental health

and behavior consequences are sometimes the result of childhood

victimization. Equally important, the research shows that children who

witness violence,such as children who witness domestic violence in

their homes,schools, or neighborhoods, may develop long-term mental

health problems.

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Chapter 17: Child Victims
Innovative Programs

Over the past decade, thousands of programs have been initiated

across the country to respond to child victims. These programs

include multidisciplinary initiatives that provide a coordinated

response of various agencies involved in responding to child victims;

enhanced support and representation for child victims in the criminal

justice and juvenile court system; and prevention programs.

Multidisciplinary Initiatives

Because many child abuse and neglect cases involve simultaneous

responses by child protection agencies and law enforcement agencies,

professionals have come to recognize the benefits to be gained—not

only by the investigating agencies but also by the child victims—when

their investigations are better coordinated. Multidisciplinary teams have

been developed in hundreds of communities (based in hospitals, police

departments and prosecutors’ offices, and child protection and

nonprofit agencies) to improve coordination and communication

among the personnel involved in these cases. One of the most

important reforms brought about by multidisciplinary teams is the

ability to conduct joint interviews of child victims,reducing the

number of interviews and interviewers to which child victims are

exposed in the course of an investigation.15

Children’s Advocacy Centers

Perhaps the best example of the team approach to handling child

victim cases is children’s advocacy centers. More than 350 communities have established or are developing children’s advocacy center

programs, which allow law enforcement officers, prosecutors, child

protection workers, victim advocates, and therapists to interview

children in a single,“child-friendly” location rather than in several

intimidating environments. Children’s advocacy centers provide

holistic multidisciplinary case responses to children during various

stages of treatment and criminal justice intervention. Some centers

have facilities for medical examinations, many are equipped with oneway mirrors and videotaping capacity, and all are furnished with young

children in mind. The U.S. Department of Justice’s Office of Juvenile

Justice and Delinquency Prevention (OJJDP) provides funds to

communities seeking to establish or strengthen children’s advocacy

centers. The funds are administered by the National Network of

Children’s Advocacy Centers.

Child Death Review Teams 

Until recently,the death of a child as a result of chronic abuse was not

recognized under most state laws as an intentional homicide, nor

prosecuted as first-degree murder. Today, more than 23 states have

One of the basic tenets of

Children’s Advocacy

Centers is that children

should be provided service

in a child-friendly

environment. Our

criminal justice system

was never designed for

children, and so, rather

than trying to make a

police station a place

children may feel

comfortable, we believe in

re-engineering the system

to fit children.

Nancy Chandler,

National Network of 

Children’s Advocacy Centers,

Washington, D.C.

390

Section 5: New Directions for Child Victims
adopted child “homicide by abuse” laws that do not require proof of

specific intent to kill when a child’s death results from abuse, thus

allowing stiffer sentences,sanctions, and penalties.16 Child death

review teams now exist in all 50 states, and are charged with examining the circumstances surrounding certain fatalities known or

suspected to be the result of child abuse or neglect.17 The goal is to

identify indicators or risk factors to signal earlier intervention in

hopes of preventing future deaths.

In November 1996,the Interagency Council on Child Abuse and

Neglect (ICAN) launched the National Center on Child Fatality Review.

With support from the Times Mirror Foundation,the U.S. Department of

Justice, OJJDP, and others,the center works to (1) act as a source of

information exchange and develop services to provide accountability for

the deaths of innocent children, and (2) develop services for survivors of

fatal child abuse. The center’s repository of information from case

reviews provides a valuable resource to prevent future child fatalities as

well as serious abuse and neglect and accidental injuries and death.18

Court-Appointed Special Advocates 

For children who are the subject of protection proceedings, typically

in a juvenile court, the Child Abuse Prevention and Treatment Act

requires states to provide them with independent representation.

Traditionally, children were represented in such cases by an attorney

appointed to act as guardian ad litem. Courts in hundreds of communities, however, are also utilizing volunteer court-appointed special

advocates who perform independent investigations of the children’s

circumstances and file their own reports.A special organization, the

National Court-Appointed Special Advocate Association, is funded by

OJJDP to help courts establish a volunteer program and to standardize

training for volunteer advocates.

The American Bar Association has developed standards and practices

for lawyers representing children in abuse and neglect cases. In

addition, numerous victim assistance programs have expanded their

roles to include specific support mechanisms or special programs for

child victims. The most extensive programs offer education for

children about the criminal justice system and their role as witnesses;

tours of the courtroom and introductions to judges, bailiffs, and

attorneys; and role-playing opportunities to practice answering

questions in the courtroom. Some programs even teach children stress

reduction techniques.Victim advocates also work with children to

prepare victim impact statements and offer support for children who

choose to speak at sentencing hearings.

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Chapter 17: Child Victims
Juvenile Court Handling of Child Abuse 

and Neglect Cases 

Several important developments are helping to make the civil

juvenile/family court child protection system work with greater

effectiveness and speed in cases involving maltreated children. In 1995,

the Children’s Bureau of the U.S. Department of Health and Human

Services began distributing funding to state court systems to evaluate

and improve court system operations statewide in child abuse and

neglect related proceedings. Forty-eight states have participated in the

program and are now improving their court operations in various

ways. Based upon administrative reforms undertaken by the Hamilton

County Juvenile and Family Court in Ohio, the National Council of

Juvenile and Family Court Judges in 1995 developed and published a

document, Resource Guidelines: Improving Court Practices in Child

Abuse and Neglect Cases, that sets forth the essential elements of

properly conducted court hearings and describes how courts can more

efficiently manage their work to ensure each child receives a fair,

thorough, and speedy court process.

Funding provided by OJJDP also enables the National Council of

Juvenile and Family Court Judges to help jurisdictions nationwide to

begin high-quality judicial processes for abuse and neglect cases.

Through the project, 10 model courts are instituting various court

reforms for the benefit of children under their care.Additionally, the

Children’s Bureau has begun to develop guidelines for model child

welfare legislation to help the courts better protect children and place

them in safe, permanent homes.

Training to Address the Needs of Missing and

Exploited Children 

Numerous initiatives have been undertaken in the past decade to

address the training needs of people who work on cases involving

missing and exploited children. For example, each year OJJDP trains

more than 4,500 law enforcement officers through its Missing and

Exploited Children Training and Technical Assistance Program. The

program’s comprehensive courses are designed to increase skills and

abilities, enhance service coordination, and improve the investigation

and handling of missing and exploited children cases.

Safe Kids/Safe Streets

In 1996,several agencies within the U.S. Department of Justice,

Office of Justice Programs cooperated in developing and funding the

program Safe Kids/Safe Streets: Community Approaches To Reducing

Abuse and Neglect and Preventing Delinquency.Administered by

OJJDP, Safe Kids is an innovative, 51/2-year demonstration project that

In the zeal to prosecute

offenders, the vulnerabilities and needs of child

victims can too easily be

overlooked. Much

progress has been made

over two decades to help

reduce legal systemrelated trauma to

children. We must

remain vigilant and

careful in applying these

reforms, and we shouldn’t

forget the still often unmet

needs of most child

victims of crime.

Howard Davidson, 

Director, American 

Bar Association, 

Center on Children 

and the Law, 

Washington, D.C.

392

Section 5: New Directions for Child Victims
improves community response to child and adolescent abuse and

neglect to break the cycle of victimization in childhood leading to

delinquency later in life. Five sites have been funded through Safe

Kids: Huntsville,Alabama; the Sault Sainte Marie Tribe of Chippewa

Indians in Michigan;Kansas City, Missouri;Toledo, Ohio; and Chittenden

County,Vermont. The sites are working toward 3 main objectives:(1)

restructuring and strengthening the criminal and juvenile justice

systems to be more comprehensive and proactive in helping children

and adolescents and their families who have been or are at risk of

being abused and neglected;(2) implementing or strengthening coordinated management of abuse and neglect cases by improving policies

and practices within the criminal and juvenile justice systems and the

child welfare, family services, and related systems; and (3) developing

other comprehensive communitywide, cross-agency strategies to

reduce child and adolescent abuse, neglect, and fatalities.

Prevention Programs

Over the past decade, child abuse prevention programs have been

initiated in hundreds of communities across the nation. Sexual assault

prevention programs are being conducted in schools and in youthserving organizations,19 and physical abuse prevention programs geared

toward parents are being offered in home, hospital, or community

settings. Children's Trust Funds have been established in every state to

support a wide range of prevention activities.

Early intervention programs have also been developed in communities across the country, and they are uniquely situated to reach children

who may be victims of child abuse or neglect. Head Start, begun in

1965 and administered by the Administration for Children and Families

within the U.S. Department of Health and Human Services, provides

comprehensive developmental and social services for pre-school

children and their families,serving nearly 750,000 in 1996 alone.20

Another successful prevention program, Healthy Start, has been

initiated in 110 pilot programs in 24 states. Started in Hawaii, the

program sends visitors to the homes of high-risk parents to offer

parenting education and support.21 Healthy Start was cited by the U.S.

Advisory Board on Child Abuse and Neglect as an outstanding child

abuse prevention program that should be replicated nationwide.22

Communities are also recognizing that runaway and homeless youth

need comprehensive services. Runaway and homeless youth are at

exceptionally high risk of HIV infection, and OJJDP has identified

innovative programs serving this population with a special emphasis on

HIV prevention. One example is the Los Angeles High Risk Youth

Program, which offers multifaceted and coordinated services through

the Division of Adolescent Medicine at Children’s Hospital Los Angeles.23

393

Chapter 17: Child Victims
Recommendations from the Field 

for Child Victims

Virtually every section of New Directions includes recommendations to enhance services for child victims. They include:

• Creating specialized units for the investigation and prosecution of

child abuse.

• Establishing courtrooms designed especially for children.

• Expanding educational programs regarding the special needs of

children for police, prosecutors, and the judiciary.

• Broadening resources needed to meet the mental health needs of

children who are victimized,such as improved access to crime

victim compensation.

• Disseminating protocols for medical professionals concerning the

diagnosis and treatment of child abuse.

• Expanding victim awareness, crisis response, and violence prevention programs throughout the nation’s educational system.

In addition to these proposals, this chapter provides recommendations for increased services for children as well as important reforms in

the criminal justice system to benefit children.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #1 

Communities should establish children’s

advocacy centers to provide child-friendly

locations where abused children can

receive the services they need to heal and

provide information for the evaluation and

investigation of their cases. To ensure the

highest quality of intervention, training

should be provided to professionals on

conducting forensic interviews, to medical

professionals on conducting child abuse

examinations, and to mental health professionals on employing abuse-specific

treatment approaches. 

One of the most important innovations this decade in providing

services to child victims has been the proliferation of children’s

advocacy centers. Children’s advocacy centers use a multidisciplinary

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Section 5: New Directions for Child Victims
team approach to reduce the number of interviews abused children

must endure and to deliver intervention services that are coordinated.

Having law enforcement professionals, prosecutors, medical and mental

health personnel, and child advocates working together ensures that

children are not revictimized by the system and that they are provided

with the best possible services. Similar programs should be created in

every community.

To ensure each community has qualified specialists, professional

schools should provide training in treating abused children and should

consider the certification of child abuse treatment specialists, including

child interview specialists, pediatric specialists in child abuse, and

trauma recovery specialists in the mental health field.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #2 

Children who witness violence should be

provided the same level of victim

assistance and special protections within

the criminal and juvenile justice systems

as child victims.

A growing body of research suggests that children are adversely

affected by witnessing acts of violence in their homes,their communities, and the media.Children who witness violence are subject to many

of the same traumatic reactions that beset child victims of crime, which

include fear, anxiety, and various symptoms associated with PTSD.

24 For

some children there is also an increase in violent behavior.

25

Children who witness violence deserve the same protections in the

criminal justice system,including secure waiting areas and court accompaniment,that have been extended to child victims, and they need access to

victim services such as mental health counseling. Special programs have

been established in battered women’s shelters,schools, and communitybased organizations to help children cope with the emotional aftermath of

witnessing violence. These programs should be expanded.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #3

To ensure child abuse cases are recognized

and reported as early as possible, training

on the identification and signs of abuse, as

well as the impact of child victimization,

should be provided to all professionals

who come into contact with child victims. 

We have a relatively

recent understanding of

the links between child

abuse and domestic

violence and the complexity of balancing what is

best for the children with

what is best for the

mothers. The question is:

how do we best protect

children in a family

where other forms of

violence are prevalent?

We need to recognize that

these issues are all part of

a whole.

Debra Whitcomb, 

Senior Scientist, 

Education Development

Center, Newton, Massachusetts

395

Chapter 17: Child Victims
Professional schools in medicine, mental health, education, law,

theology, and other related disciplines should require courses in child

victimization. Physicians and other allied professionals should be alert

to signs of abuse and neglect among children who may appear to have

a variety of unrelated ailments. Particular effort should be made to

detect abuse in cases in which the death of an infant may have been

the result of “shaken baby syndrome” or other injuries that are difficult

to detect or diagnose.When such abuse is identified, the case should

be reported and referred to designated specialists in the field of child

abuse affiliated with a local multidisciplinary team or to a children’s

advocacy center, if one exists.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #4

There should be an improved governmental response to the problem of

missing, abducted, and sexually 

exploited children.

State Missing Children’s Clearinghouses now exist in all states, and

34 nonprofit organizations have been established nationwide to assist

families of missing children. These organizations should be provided

funding to educate the public on how parents can prevent their

children from becoming victims of an abduction, including those

committed by noncustodial parents and family members, or sexual

exploitation. States should establish uniform procedures for responding

to missing children’s cases and implement uniform law enforcement

training requirements, as recommended by the National Center for

Missing and Exploited Children.

Also,states should implement records-flagging procedures and

require that new school enrollments be submitted to the State Missing

Children’s Clearinghouses. States should make custodial interference a

criminal felony offense, without a requirement for a pre-existing

custody order. Laws and policies on family-related child abduction

should be coordinated with child abuse and domestic abuse statutes

and procedures to focus on the best interests of the child.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #5

All jurisdictions should establish or

support “court school” programs to help

educate child victims and witnesses about

the court process and their role within it.

396

Section 5: New Directions for Child Victims
Because the testimony of a child victim or witness often plays a

substantial role in the prosecution of a criminal case, it is important

that children become familiar with the courtroom setting. Many

children have preconceived notions of the judicial process from the

media and television, and these notions are often accompanied by

intense fear and anxiety. It is important to the prosecution of criminal

cases involving children that these fears be allayed before a child’s day

in court, and “court schools” are among the most effective means to

prepare children for participation in the legal system.

In a few larger jurisdictions,such programs have been established as

a result of the large number of child sexual abuse cases prosecuted in

those jurisdictions. In Los Angeles, for example, a “Kids in Court”

program is sponsored by the Junior League, and a court school in San

Diego is operated by the Center for Child Protection at Children’s

Hospital. In Philadelphia, a similar program is based in the district

attorney’s office. Despite the different sponsors, each program uses a

similar structure to familiarize children and their families with the

court’s physical environment, procedures, and practices, as well as to

explain what is expected of them as witnesses.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #6

States should enact legislation to open

access to criminal history records, and

they should adopt regulations and policies

necessary to meet the requirements of the

National Child Protection Act. 

In 1993, Congress enacted the National Child Protection Act to

upgrade state policies and criminal history record systems so that

designated state agencies could, on behalf of child and youth care

organizations, promptly obtain nationwide criminal history information

on prospective employees or volunteers who would have contact with

children. In 1995, the American Bar Association Center on Children and

the Law issued a report that broadly examined the practices used by

child-serving organizations to screen prospective employees and

volunteers. The U.S. Department of Justice’s Office of Juvenile Justice

and Delinquency Prevention will be issuing guidelines for screening

practices and policies in 1998.

Although not required by the National Child Protection Act, in the

interest of children,states should enact laws to provide relevant

agencies and individuals with prompt access to applicable criminal

record information on potential providers of care for children. Relevant

agencies and individuals include schools, children and youth service

397

Chapter 17: Child Victims
agencies,recreation programs, and families seeking information on

applicable criminal record information on applicants for positions in

which individuals would be working with children.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #7

The federal government should examine

data collection regarding child victimization to ensure that all crimes against

children, from their birth through the age

of majority, are uniformly reported,

categorized (by age of the child, type of

crime, and offender relationship to the

child), and analyzed at the state and

federal levels.

Better statistics are fundamental to prioritizing research,resource

allocation, and program development for child victims.Victimization

surveys should be extended to include crimes against children, including

child deaths.Congress should enact legislation and appropriate funds to

expand the FBI’s Uniform Crime Reports and the National Crime Victimization Survey to include crimes against children.Congress also should

appropriate funding to further the implementation of the National

Incidents Based Reporting System (NIBRS), which readily permits collection of data on victim age and victim/offender relationship. States should

also enact uniform legislation and law enforcement procedures that will

help capture an annual picture of the various types of crimes against

children. The Departments of Education and Justice should explore the

potential for sharing methodologies and should examine the feasibility of

surveying children under 12 through interviews at school. The worthiness of relying on parental reporting of crimes involving very young

children should be examined, and a national data collection initiative on

cases involving computers to exploit children should be developed.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #8

All states should authorize judges to

exclude from the courtroom persons who

are not necessary to child-related court

proceedings if requested by the victim or

the victim’s representative or if the court

determines that there would be a likelihood of “substantial psychological harm”

if the child were to testify in open court.

398

Section 5: New Directions for Child Victims
Laws in 15 states and at the federal level have been enacted to

provide this special protection for child victims. The U.S. Supreme

Court in Globe Newspaper Co. v. Superior Court held that states can

prohibit the disclosure of victims’ names before they become part of

the public record and that courts may exclude the press and general

public from the courtroom during certain types of testimony.

26 Federal

law provides, however, that a judge may close the courtroom only after

determining on-the-record that there is a likelihood of “substantial

psychological harm” if the child were to testify in open court.27

Furthermore, the order to close the courtroom must be “narrowly

tailored to serve the Government’s specific compelling interest.”28

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #9

State laws should be reviewed and

amended where necessary to protect the

privacy of child victim records including

audio- and videotaped interviews. 

Currently, 32 states and federal law provide this right.29 The U.S.

Supreme Court in Pennsylvania v. Ritchie30 held that judges should

review in private the records of child victims being requested by the

defendant and should turn over only information material to the

defense. This right provides a mechanism for courts to safeguard

confidential records of child victims and provides protection of the

confidential communications of child victim counselors and advocates.

Furthermore, privacy concerns for child victims should extend to

the mass media as well. State court officials, juvenile/criminal court

judges, and legislators should explore ways to minimize unnecessary

and harmful intrusions by the media and the general public into the

privacy of child victims and their families, particularly concerning the

revelation of children’s identities. Courts should promote responsible

and useful media coverage of crimes against children and the judicial

handling of civil child abuse-related proceedings.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #10

All states and the federal government

should enact or amend child hearsay

rules to govern the admission into

evidence of reliable statements made by

children under 16 years of age to an

adult concerning acts of physical and

sexual abuse.

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Chapter 17: Child Victims
Child hearsay laws create special exceptions to the use of hearsay

evidence at trials by permitting out-of-court statements made by

children concerning their abuse to be admitted at trial. Such laws have

been enacted in 33 states, though they vary greatly nationwide. There

is no such right, however, at the federal level. Some jurisdictions allow

child statements concerning abuse to fall under catchall or residual

hearsay exceptions, but these exceptions are subject to rigid legal

restrictions. To impose more consistency, hearsay rules should not

include the following provisions: limiting the exception to statements

made by the child to only certain groups of professionals; limiting use

of hearsay to preliminary hearings; and requiring corroboration as an

absolute prerequisite for admission into evidence.When crafted

carefully,state child hearsay statutes have been held to not violate a

defendants’ constitutional rights or improperly deny the defendant the

right to cross-examine witnesses, even in cases in which the child does

not appear in court as a witness.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #11

Additional court procedures should be

implemented to assist in the prosecution

of child victimization cases.

States that have not done so should enact laws to toll their statutes

of limitations for both criminal proceedings and civil tort actions

during the period of a child’s minority, for a reasonable time period

thereafter, and for a reasonable time after the victim discovers that he

or she has been the victim of a crime during childhood. State statutes

should also provide a civil cause of action for childhood victims of

crime against any person (including a parent or guardian), with

specific provisions for recovery of attorney’s fees and other costs.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #12

Courts and prosecutors need to be

provided uniform guidance on establishing competency when a child’s capacity to

testify is challenged. 

While all states and the federal government have enacted laws that

presume children to be competent witnesses as long as they meet

certain minimum criteria, their competency is often challenged by the

defendant. In general, the minimum criteria for a child to serve as a

witness are the capacity to understand the difference between truth

and fantasy and appreciate the obligation or responsibility to speak the

400

Section 5: New Directions for Child Victims
truth;sufficient mental capacity at the time of the alleged incident to

observe or receive and record accurate impressions of the incident;

sufficient memory to retain an independent recollection of the

incident; and the ability to translate into words recollections of the

alleged incident.31 In Kentucky v. Stincer, the U.S. Supreme Court held

that the defendant need not be present during the competency

inquiry.

32 To ensure the sensitive treatment of child victims throughout

this process, judges should receive guidance on how to elicit information from children in a nonthreatening manner.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #13

All states should enact statutes requiring

speedy criminal trials and civil child

protection adjudications for child victims.

In addition, all court cases involving child

victims, including criminal, juvenile,

domestic violence, and domestic relations,

should implement speedy trial and

appellate provisions and utilize “child

victim” court dockets. In every case involving a child victim, judges should weigh the

adverse effect of continuances and delays.

The right of a child victim to have a speedy trial has been enacted

in 25 states and in federal law. In practice, however, these laws are

rarely invoked.33 Most prosecutors report that every case involves at

least one continuance as a result of competing cases on the courts’

calendars or claims by the defendant of inadequate time to prepare 

an effective defense.

In 1995, the National Council of Juvenile and Family Court Judges

issued a set of resource guidelines for courts to follow in expediting

the resolution of civil child protection cases. Similar guidelines should

be developed for all other court cases involving children. States are

also taking innovative approaches to this problem. In Ramsey County,

Minnesota, victim advocates in the county attorney’s office routinely

flag cases requiring expedited disposition. In St. Paul, the police department has detailed a special investigator to the child protection agency

to review incoming abuse reports for cases that warrant criminal

justice intervention.34 Other communities are developing comprehensive, coordinated, interagency protocol for investigating child abuse

and exploitation.

I am concerned about the

length of time it takes to

bring a child sexual

abuse case to trial. One of

my cases involves an 8

year-old child that

reported sexual abuse by

her uncle almost 3 years

ago. This is has been very

difficult for the child,

especially emotionally,

considering her developmental stage. The

criminal justice process 

is difficult enough 

for children without

lengthening it.

A Victim Advocate

401

Chapter 17: Child Victims
CHILD VICTIMS RECOMMENDATION FROM THE FIELD #14

All states should consider alternatives to

live in-court testimony for children under

the age of 18. 

Currently, 35 states and the federal government recognize the right

to use videotaped testimony taken at depositions or preliminary

hearings for children under the age of 18. Additionally, 34 states and

the federal government recognize the right to use closed-circuit television testimony. The U.S. Supreme Court’s decision in Maryland v. Craig

permits the use of closed-circuit television testimony when a determination is made by the court that “the child will suffer serious emotional

distress such that the child cannot reasonably communicate.”35 The

Court determined that one-way closed-circuit television testimony is

the “functional equivalent” of live, in-court testimony. The use of

videotaped testimony presents different Sixth Amendment considerations,such as a possible violation of the defendant’s right to confrontation, but these issues were not addressed by the Court in Craig.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #15

Specially trained lawyers and courtappointed special advocates should be

provided to children in all civil child protection and other abuse-related proceedings.

Guardians ad litem play an important role in representing child victims

in legal settings, and their assistance should be extended to all criminal,

domestic relations, and domestic violence proceedings.36 This right, while

protected on the federal level, is recognized in only a minority of states.37

Guardians ad litem assist child victims in a variety of important ways.

They issue recommendations to the court concerning the child’s welfare,

coordinate the delivery of resources to the child,provide access to the

child’s records, and attend all court proceedings in which a child participates.Guardians ad litem and court-appointed special advocates are seen

as a bulwark against system-induced trauma on the child and provide a

critically needed voice for the child’s legal rights.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #16

Early intervention programs such as Head

Start and Healthy Start programs should

be implemented nationwide. The staff of

402

Section 5: New Directions for Child Victims
these programs must be trained to

recognize the signs of child abuse, how to

report abuse to appropriate authorities,

and how to provide referrals for victims

and their families. 

Head Start, Healthy Start, and other early intervention programs

provide a unique opportunity to reach thousands of children who may

be victims of child abuse or neglect. The cornerstone of the Head Start

program is parent and community involvement.Approximately 1,400

community-based nonprofit organizations and school systems participate in Head Start programs, assisted by over a million volunteers.

The Healthy Start approach in which parenting education and

support is offered to high-risk parents is widely believed to be effective

in preventing incidences of child abuse and neglect. Many Healthy Start

pilot programs have been developed across the country, and results of

these programs should be closely analyzed and disseminated. The

Healthy Start program could be instrumental in reducing the number of

child abuse cases that lead to homicide.As one report stated, nearly 50

percent of children who die from maltreatment in the United States are

known to be at some level of risk by child protective service agencies.38

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #17

Child-serving institutions such as schools,

social service and law enforcement

agencies should make diligent efforts to

identify troubled youth and refer them to

social service or victim assistance

programs before they run away from

home. Efforts should also be undertaken

to identify and assist runaway, thrownaway, and homeless child victims.

Runaway, thrownaway, and homeless youth are the largest single

category of missing children, and they frequently run away because

they are physically or sexually abused in their homes. On the streets

they continue to be victimized.Cooperation between law enforcement

agencies and programs that serve runaway and homeless youth should

be enhanced. These children display a range of warning signs that can

alert professionals to intervene before they fall to the lure of the streets

or opportunistic perpetrators.39 Police should be aware that communitybased agencies offer a range of services that can help them.

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Chapter 17: Child Victims
Additional transitional housing, independent living skills, job

training, and intensive aftercare programs should be funded to ease the

transition of these youth to self-sufficiency. It is inappropriate and

sometimes dangerous to return runaway or thrownaway youth to

families who have abused or neglected them.Alternative living

programs can help these children learn to adapt to a more mainstream

environment and adopt a healthier lifestyle.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #18

Child abuse prevention programs that

address computer exploitation should be

developed and publicized.

The prevalence of child sexual exploitation through computer

networks is becoming an increasingly difficult problem for law

enforcement. Plummeting costs of sophisticated video recording and

computer equipment have made child pornography almost universally accessible. Furthermore, unregulated communication via e-mail

and chatrooms enables adults to solicit children for sex with little

fear of detection. Lawmakers are working to address this issue. For

example, Representative Bob Franks introduced a bill in July 1997

that would add Internet service providers to the categories of professionals who must report suspected child abuse to law enforcement.40

Efforts should continue to support private enterprise in assuming an

assertive role in crime prevention. Internet access providers must

examine ways to monitor or regulate use of the Internet to exchange

child pornography or solicit children for sex. Research on First

Amendment rights as they apply to communication on the Internet

should inform the development of initiatives to protect children from

such exploitation. In addition, parents who lack computer literacy

need guidance in protecting their children from unscrupulous

Internet operators and users.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #19

Federal and state governments should

support the significant additional

research that is needed to document

effective treatments for child victims,

especially victims of child sexual and

physical abuse and children who

witness violence.

A shelter in Florida

organized a special

Christmas dinner for

battered women and their

children. Even though

Santa Claus was there

distributing gifts, 

the children were more

drawn to the uniformed

law enforcement officers

providing security for the

event. Clearly, the

children had more

contact with police

officers than Santa Claus

in their short lifetimes.

A Domestic Violence Advocate

in Florida

404

Section 5: New Directions for Child Victims
In 1995, two leading child abuse researchers, David Finkelhor and

Lucy Berliner,reviewed the findings and conclusions from 29 studies

evaluating the effectiveness of treatments for sexually abused children.

Based on their review, they strongly recommended that further studies

be conducted in the following areas:

• The efficacy of treatment for sexually abused children. The studies

Finkelhor and Berliner reviewed documented improvements in

sexually abused children consistent with the belief that therapy

facilitates recovery, but more research is needed to document that

recovery is not caused by the passage of time or some factor outside

therapy such as parental support.

• The implications for the organization of treatment and its evaluation

caused by the fact that sexual abuse treatments confront a very

diverse set of children, including children of all ages, children with a

variety of histories and presentations, children with many different

kinds of symptoms, and children who display no symptoms.

• The reasons why some children fail to improve and who these

children are.

• The possible existence of serious “sleeper” effects, or serious

symptoms that may not surface until many years later. For clinicians,

a big unanswered question is not just how but also whether sleeper

effects can be prevented by early intervention.

• The importance of family context on recovery, including parental

support and healthy conflict management. The effectiveness of

treatment for children is likely to be strongly influenced by the

family context, and addressing it should be a very important priority

for intervention.

• The utility of abuse-focused therapy and targeted interventions.

• The optimal length of treatment.Some studies have found that symptoms

continue to improve as therapy extends for as long as 12 months.41

• The problem of treatment dropouts.

• The development and use of abuse-specific outcome measures.

Additional research should also examine interrelationships between

domestic violence and child abuse.

405

Chapter 17: Child Victims
CHILD VICTIMS RECOMMENDATION FROM THE FIELD #20

Convictions and substantiated allegations

of spousal or child abuse should create a

rebuttable presumption against awarding

temporary or permanent custody to an

offending parent. Parents convicted of

child or spousal abuse should not be

granted the right to visitation without

independent supervision.

Newspapers are replete with tragic accounts of child abuse victims

being returned to an abusive parent only to die in a subsequent incident

of abuse. Society and family law, as a reflection of society, historically has

granted great deference to the rights of parents and the principle of

family unity. However,such admirable objectives should not be given

priority over the safety or the life of a child. Studies have documented

the short- and long-term devastation that parental abuse inflicts on its

victims.42 As such, it is rarely, if ever, in the best interest of the child to be

returned to an abusive parent. Similarly,the risk of additional injury to

the child at the hands of an abusive parent far outweighs that parent’s

right to unsupervised visitation and calls into serious question whether

such visitation should be granted in such cases.

Studies also indicate that children of parents who abuse their spouse

have a 1500 percent higher risk of being abused than children in

nonabusive families.43 Studies also evidence the psychological trauma

children suffer when they witness violence among family members.44

Given the inherent risk to children in such circumstances, family

courts should presume that it is always in the best interest of the child

to grant custody to the nonabusive parent/spouse. Numerous states

have adopted similar presumptions as a matter of law.

45

In cases in which child or spousal abuse has been alleged but not

proven in a court of law, family courts should err on the side of the

child’s safety by ordering temporary custody to the spouse who has

not been accused unless or until such an allegation has been proven to

be unsubstantiated or otherwise without merit.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #21

States should include driving while under

the influence of alcohol or other drugs with

children in the vehicle as a form of child

endangerment. Such drivers should receive

406

Section 5: New Directions for Child Victims
enhanced sanctions when criminally

convicted, and evidence of driving under

the influence should be considered by

family and juvenile courts when determining custody and visitation rights in cases

affecting the parent-child relationship.

No one should get into a vehicle driven by an individual under the

influence of alcohol or other drugs.Children, however,sometimes do

not have a choice. Research indicates that motor vehicle crashes

outrank all other diseases and injuries as the major cause of death for

children up to the age of 14. During the last decade, approximately

24,350 children younger than 13 were killed in motor vehicle crashes.

One study showed that 56 percent of children killed in crashes in 1993

were passengers.About 23 percent of children killed in that age group

were killed in alcohol-related crashes.46 This serious threat to the lives of

children must be addressed by the child protection community as well

as by criminal and civil courts when considering the safety of children.

CHILD VICTIMS RECOMMENDATION FROM THE FIELD #22

Health insurance providers, particularly

managed care providers, should ensure

that their practices facilitate immediate,

specialized assistance for child victims 

and witnesses of crime. Managed care

providers should to link with multidisciplinary children’s advocacy centers or teams

and should authorize payments for outof-plan examinations by specialists in

the treatment of child abuse without

prior approval. 

Prompt provision of qualified care to child victims and witnesses of

crime is essential. Unfortunately,some health insurance providers do

not differentiate between the needs of these children and others with

more general needs. Steps can and should be taken to eliminate an

unnecessary barrier to serving and meeting the needs of children who

are the victims or witnesses of crime. Whether child victims are seen

in or out of managed care networks, protocols should be developed to

allow them to bypass the “gatekeeper” of the managed care system

through a referral by a member of a multidisciplinary team. Managed

care providers should also be required to include specialists in the

treatment of child abuse on their panel of mental health providers.

407

Chapter 17: Child Victims
Cost-control and gatekeeper requirements of managed care plans

can place hurdles to timely access to expertise in child abuse evaluation and treatment. These delays can lead to multiple and contradictory examinations of the child and multiple interviews, increasing the

child’s trauma. To save unnecessary trauma and costs, managed care

systems should be required to recognize and provide access to specialists in the evaluation, investigation, and treatment of child abuse cases.

408

Section 5: New Directions for Child Victims

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, indentified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 President’s Task Force on Victims of Crime, Final Report, Washington, D.C.: Government Printing Office,

December 1982.

2 Finkelhor, D., G. Hotaling, and A. Sedlak, Missing, Abducted, Runaway, and Throwaway Children in America;

First Report: Numbers and Characteristics, National Incidence Studies, Executive Summary,Washington, D.C.:

U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, 1990.

3 Widom, C.S., The Cycle of Violence, Research in Brief,Washington, D.C.: U.S. Department of Justice, National

Institute of Justice, September 1992, NCJ 136607.

4 The Department of Health and Human Services maintains national data on child abuse (physical,sexual, and

emotional abuse) and neglect cases brought to the attention of child protection agencies through the National

Child Abuse and Neglect Data System. It does not collect other child victimization information.

5 National Center on Child Abuse and Neglect, Child Maltreatment 1995: Reports From the States to the National

Center on Child Abuse and Neglect,Washington, D.C.:U.S. Department of Health and Human Services, 1997:9.

6 Id.

7 Id.

8 Finkelhor, et al., Missing, Abducted, Runaway, and Throwaway Children in America.

9 Carlson, B.E.,“Children’s Observations of Interparental Violence,” in Battered Women and Their Families, ed.

A.R. Edwards, New York: Springer, 1984:1467-167.

10 Garabino, J., N. Dubrow, K.Kostelny, and C. Pardo, Children in Danger: Coping with the Consequences of

Community Violence, San Francisco, CA: Jossey-Bass, 1992.

11 National Center for Missing and Exploited Children,“About NCMEC,” Brochure at http://www.missingkids.org,

(November 17, 1997).

12 Widom, The Cycle of Violence, 1-6.

13 Kilpatrick, Ph. D., D., and B. Saunders, Ph.D., Prevalence and Consequences of Child Victimization, Research

Preview, Washington, D.C.:U.S. Department of Justice, National Institute of Justice,April 1997.

14 Id.

15 California Attorney General’s Office, Child Victim Witness Investigative Pilot Projects, Research and Evaluation: Final Report, Sacramento, CA: California Attorney General’s Office, 1994.

16 National Center for Prosecution of Child Abuse,Investigation and Prosecution of Child Abuse: Second Edition,

Alexandria,VA:American Prosecutors Research Institute, National District Attorneys Association, 1993:212.

17 U.S.Advisory Board on Child Abuse and Neglect, Creating Caring Communities:A Blueprint for an 

Effective Federal Policy on Child Abuse and Neglect, Washington, D.C.: U.S.Advisory Board on Child Abuse

and Neglect, 1991.

18 Interagency Council on Child Abuse and Neglect (ICAN) Associates,“In Touch,” Quarterly Newsletter,Vol.7,

Summer 1997.

19 Finkelhor, D. and J. Dziuba-Leatherman,“Victimization Prevention Programs:A National Survey of Children’s

Exposure and Reactions,”Child Abuse and Neglect, Vol.19 No.2, 1995:129-139.

20 U.S. Department of Health and Human Services,“Head Start:A Child Development Program,” Brochure at

http://www.head-start.lane,(November 17, 1997).

21 Letter from Deborah Daro, Research Director, National Committee to Prevent Child Abuse (August 9, 1995).

22 U.S.Advisory Board on Child Abuse and Neglect, Creating Caring Communities:A Blueprint for an Effective

Federal Policy on Child Abuse and Neglect.

409

Chapter 17: Child Victims
23 Posner, M.,Nowhere to Run: HIV Prevention for Runaway and Homeless Youth, Newton, MA: Education

Development Center, Inc., 1993.

24 Rosenbaum,A., and K.D. O’Leary,“Children: The Unintended Victims of Marital Violence,” American Journal of

Orthopsychiatry, Vol. 51, 1981:692-699; Hilberman, E., and K. Munson,“Sixty Battered Women,”Victimology: An

International Journal, Vol.2, 1977-1978:460-470; Silvern, L., and L.Kaersvang,“The Traumatized Children of

Violent Marriages,” Child Welfare, Vol. 8, No.4, July-August 1989:421-436; Cummings, E.M.,“Coping with

Background Anger in Early Childhood,” Child Development, Vol.58, 1987:976-984; Cummings, E.M., and C.

Zahn-Waxler, M. Radke-Yarrow, “Developmental Changes in Children's Reactions to Anger in the Home,”

Journal of Child Psychology and Psychiatry, Vol.25, 1984:63-74; Cummings, E.M., and C. Zahn-Waxler, M. RadkeYarrow,“Young Children’s Responses to Expressions of Anger and Affection by Others in the Family,”Child

Development, Vol.56, 1981:1274-1282; Holden, G.W., and K.L. Ritchie,“Linking Extreme Marital Discord, Child

Rearing, and Child Behavior Problems: Evidence from Battered Women,”Child Development, Vol.62, 1991: 311-

327; Groves, B.M., B. Zuckerman, S. Marans, and D.J. Cohen,“Silent Victims: Children Who Witness Violence,”

Journal of the American Medical Association, Vol.269, No.2, 1993:262-264; Stagg,V., and G.D.Wills, M. Howell,

“Psychopathology in Early Childhood Witnesses of Family Violence,” Topics in Early Childhood Special

Education, Vol.9, 1989:73-87; Pynoos, R.S., and S. Eth,“Children Traumatized by Witnessing Acts of Personal

Violence: Homicide, Rape, or Suicide Behavior,” in Post-traumatic Stress Disorder in Children, ed. S. Eth and

R.S. Pynoos, Washington, D.C.:American Psychiatric Press, 1985:17-43; Garbarino, J., K.Kortelny, and N. Dubrow,

“What Children Can Tell Us About Living in Danger,”American Psychologist, Vol.46, No.4, 1991:376-383;

Kilpatrick, Prevalence and Consequences of Child Victimization.

25 Widom, C.,“Does Violence Beget Violence:A Critical Examination of the Literature,” Psychology Bulletin,

Vol.106, 1989:3-28; National Institute of Mental Health,“Television and Behavior:Ten Years of Scientific Progress

and Implications for the Eighties,”Washington, DC: U.S. Government Printing Office, 1982, DHHS No.ADM 82-

1195; Eron, L.“Parent-child Interaction,Television Violence, and Aggression in Children,”American Psychologist,

Vol.37, 1982:197-211; Miller,T.R., P.J. Handal, F.H. Gilner, and J.F. Cross,“The Relationship of Abuse and Witnessing

Violence on the Child Abuse Potential Inventory with Black Adolescents,” Journal of Family Violence,Vol. 6,

1991:351-362.

26 Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982).

27 18 U.S.C. § 3509(e).

28 Id.

29 FLA. STAT ANN. §794.024 (unlawful for public employee or officer to disclose information about sexual assault

or child abuse victims.); IOWA CODE §§ 232.151, 235A(20-21) (unlawful to disclose, use or permit the use of

information regarding a child in court or law enforcement records); MASS. GEN. LAWS ch. 41, § 97D (reports of

sexual assault and conversations between officers and victims are confidential, and disclosure of information is

a misdemeanor.); MICH. COMP. LAWS § 722.633 (unlawful to disseminate information about a child from the

child abuse registry.)

30 Pennsylvania v. Ritchie, 480 U.S. 39 (1987).

31 Whitcomb, D., When the Victim is a Child: 2nd Edition, Washington, D.C.: U.S. Department of Justice, National

Institute of Justice, March 1992:56.

32 Kentucky v. Stincer, 482 U.S. 730 (1987).

33 Whitcomb, When the Victim is a Child.

34 Finkelhor, Missing, Abducted, Runaway, and Throwaway Children in America.

35 Maryland v. Craig, 497 U.S. 836 (1990).

36 Whitcomb, When the Victim is a Child, 129.

410

Section 5: New Directions for Child Victims
37 Id. at 128.

38 National Resource Center on Child Sexual Abuse,National Resource Center on Child Sexual Abuse News,

(March/April 1996).

39 Posner, M.,Working Together for Youth,Tulsa: National Resource Center for Youth Services, 1994.

40 Child Abuse Notification Act of 1997, H.R. 2173, 143 Cong. Rec. E1436-02 (daily ed. July 16, 1997).

41 Finkelhor, D., and L. Berliner,“Research on the Treatment of Sexually Abused Children:A Review and Recommendations,”CHILD, November 1995.

42 Id. at 11-12.

43 National Coalition Against Domestic Violence,“Facts On Domestic Violence,” Brochure,Washington, D.C.(1993).

44 Id. at 12.

45 See e.g., FLA. STAT.ANN. § 61.13 (court shall consider evidence of domestic abuse or child abuse as evidence of

detriment to the child, and may order sole custody and special conditions on visitation and that the court

should consider conviction of a 2nd degree felony or one involving domestic violence as creating a rebuttable

presumption of detriment to the child); ILL COMP. STAT. Ch. 750, §5/602 (court shall determine custody in

accordance with the best interest of the child, and shall consider any evidence of domestic abuse or child

abuse);KY. REV. STAT.ANN. §§403.270, 403.320 (court shall determine custody in accordance with the best

interests of the child, and shall consider all relevant evidence, including information,records, and evidence of

domestic violence. In determining visitation, if domestic violence and abuse has been alleged, the court shall

determine the visitation arrangements that will not endanger the physical, mental or emotional health of the

child or custodial parent). Louisiana enacted a “Post-Separation Family Violence Relief Act” to address concerns

of custody and visitation where one parent has been abusive. Legislative findings supporting the Act noted

“that family violence does not necessarily cease when the family separates or divorces, but oftentimes escalates

and child custody and visitation become avenues for the abuse to continue. Since current child custody and

visitation laws assume that the parents are in equal positions of power and that both parents will act in the

child's best interests,such laws often work against the abused spouse in families with a history of domestic

violence and are not in the child's best interest.” LA. REV. STAT.ANN. §9:361. The state created the presumption

that no parent with a history of perpetrating family violence be awarded sole or joint custody. In general, the

court may only allow supervised visitation, on the condition that the parent complete a treatment program. If

the parent has sexually abused the child, all visitation and contact shall be prohibited until the court finds the

parent has successfully completed a treatment program for sex offenders and visitation or contact is in the best

interests of the child. LA. REV. STAT.ANN. §9:364.

46 National Highway Traffic Safety Administration,“Children:Traffic Safety Facts 1996,”Washington, D.C.: U.S.

Department of Transportation, National Highway Traffic Safety Administration, 1997.

411

Chapter 17: Child Victims
SECTION VI

New Directions

in International

Victim Assistance

I

ndividuals throughout the world—in large urban

cities and in small villages—face problems with

crime and violence and much can be gained from

examining the unique approaches to addressing the

rights and needs of crime victims that have been

undertaken by diverse communities and nations.

Increasing numbers of people travel and live abroad,

and are victimized in countries where they may be

unfamiliar with the language and legal and social

service systems. In addition, crimes such as international terrorism and commercial sexual exploitation

of children are well documented. This section discusses international issues facing the field of victim

assistance today and briefly highlights approaches

that have been taken in other countries to address

crime victims’ needs. In addition to serving their own

victims domestically, many countries are participating in international collaborative efforts to improve

the rights and treatment of crime victims worldwide.

Finally, the section makes recommendations for

improving services to American citizens who are

victimized abroad and foreign citizens who are victimized in the United States, as well as continued

collaboration and reciprocity in the provision of

victim services worldwide.
CHAPTER 18 

International 

Perspectives in 

Victim Services

Victimology is increasingly recognized as an international field of

research and action, transcending many cultures and legal systems. The

United States is visited by millions of foreign nationals each year, and

citizens of the United States travel and live in virtually every part of the

world. As our societies become more global and mobile, it is no longer

possible to confine victim assistance to the borders of a particular

country. Crime and victimization have become transnational, and

countries must look beyond their national boundaries to share information, technology, and resources to assist victims.

Crime afflicts urban populations in all parts of the world. The extent

of that crime was recently examined through the International Crime

[Victimization] Survey, which measured crime in more than 50 different countries. By bypassing differences in legal codes and definitions of

crime that have made comparing crime data among countries difficult,

the survey has produced the most comparable cross-national data on

crime available to date.Conducted in 1989, 1991, and 1996,the survey

found that more than a third of all urban dwellers in the world do not

feel safe in their own neighborhoods at night and that crime rates are

highest in major cities in Africa and Latin America. In every country

surveyed, including the United States, no more than 10 percent of

victims received assistance from a specialized victim assistance agency.

1

Countries can learn a great deal from one another about ways to

address crime victims’ needs. Rights and services for crime victims

vary considerably from one country to another. Crime victims in some

countries enjoy greater participatory rights in court than do victims in

the United States. For example, victims in some countries can review

evidence, ask questions during the trial, be represented by an attorney

at the country’s expense, and even appeal the decision of a prosecutor not to file their case. A few countries provide victims with an

ombudsman to help ensure enforcement of their rights. Other

countries have established innovative partnerships or stronger laws to

help protect victims:

Crime victimization and

violence has become an

international epidemic. It

is imperative that victim

assistance become an

international antidote

and the central feature of

a universal strategy of

victimization prevention.

Marlene A. Young, 

Executive Director,

National Organization

for Victim Assistance

415

Chapter 18: International Perspectives in Victim Services
• In Cordoba,Argentina, a victim assistance program has developed a

multidisciplinary approach in which every victim referred to the

program is met by two people: a mental health worker who helps

the victim with the psychological trauma of victimization, and a

lawyer who helps the victim through the criminal justice process.

• Throughout Brazil, there are more than 500 police stations staffed

entirely by women to provide services to victims of domestic

violence and sexual assault. The stations, which are being replicated

in Japan and Costa Rica, were created because they encourage

female victims to report crimes.

• In France, a survivor of a terrorist attack in Paris created an association for terrorism victims in 1986 called S.O.S. Attentats. The association helped to establish a compensation fund for victims of

terrorism, and provides counseling and forums for these victims to

share their trauma. The association also provides legal advocacy,

including assistance with filing civil lawsuits.

• In Canada, a law was recently passed to provide standing for crime

victims in cases involving the potential release of their records. Legal

aid lawyers help to represent victims in these cases.

• For years,Australia and some Scandinavian and European countries

have had strong drunk driving laws, allowing blood alcohol 

levels of only .02 to .05, less than half of that in most states in the

United States.

• In many areas in New Zealand, law enforcement responds with

social workers to domestic violence calls. The country is currently

pilot testing the creation of victim assistance programs in courts in

four jurisdictions.

• In South Africa, programs have been developed to educate men

about domestic violence.

The 1982 Final Report of the President’s Task Force on Crime

Victims did not specifically address international issues, but a few years

after its publication, the United States began to take an active role at

international conferences and meetings related to victims of crime. A

U.S. delegation to the 1985 United Nations meeting on crime issues

worked on drafting the resolution that later became the Declaration of

Basic Principles of Justice for Victims of Crime and Abuse of Power.

2 A

similar U.S. delegation was active in raising issues of domestic violence

at the 1985 U.N. Conference on Women in Nairobi,Africa. Then

Assistant Attorney General Lois Haight Herrington, who chaired the

1982 Task Force, was a leading figure in both delegations.

416

Section 6: New Directions in International Victim Assistance
Since the release of the 1982 Final Report, there has been increased

attention in the United States on the unique needs of American citizens

victimized abroad, as well as those of foreign citizens victimized in the

United States. There have also been considerable efforts to address

victimization issues at an international level.While the complexities of

transnational victimization are too numerous to cover comprehensively

here, this chapter outlines some of the activities that have been

undertaken at the national and international level to address the realm

of international victim assistance.

International Collaboration on Victims Issues

While international interest in the victims movement is still

relatively new, the first work in the field of victimology was pioneered

in the 1940s by an Israeli researcher, Beniamin Mendelsohn, and a

German researcher, Hans von Hentig. Later, the work of English legal

reformer Margery Fry resulted in the passage of victim compensation

legislation in New Zealand in 1963,soon followed by Great Britain and

several states in the United States. The rape crisis movement emerged

in the United States and other countries in the early 1970s.

International recognition of victimology as a distinct branch of

criminology came with the first International Symposium on Victimology, held in Jerusalem in 1973, where a series of papers on victim

compensation, crisis intervention, and the concept of a victim ombudsman were presented. By the end of the 1970s, those ideas were

reflected in the establishment of victim service programs such as rape

crisis centers, domestic violence shelters, and victim-witness units 

in a number of countries including the United States, the United

Kingdom, and Canada.

United Nations Initiatives 

During the past two decades,the United Nations has undertaken a

number of initiatives to address the myriad needs of crime victims at

the international level. The Declaration of Basic Principles of Justice for

Victims of Crime and Abuse of Power (Declaration) was adopted by

consensus in the United Nations General Assembly in 1985,reflecting

the collective will of the international community to address the

interests and concerns of victims of crime.3 Considered a Magna Carta

for crime victims around the world,the Declaration is based on the

philosophy that victims should be treated with compassion and respect

for their dignity, and that they are entitled to access the mechanisms of

justice and to receive prompt redress for the harm they have suffered.

The Declaration purposefully speaks of basic principles of justice for

crime victims, which include access to justice and fair treatment,

restitution, compensation, and assistance. The last category includes

Victims should be treated

with compassion and

respect for their dignity.

They are entitled to access

to the mechanisms of

justice and to prompt

redress, as provided for by

national legislation, for

the harm that they have

suffered. Judicial and

administrative

mechanisms should be

established and strengthened where necessary to

enable victims to obtain

redress through formal or

informal procedures that

are expeditious, fair,

inexpensive and accessible. Victims should be

informed of their rights in

seeking redress through

such mechanisms.

United Nations Declaration 

of Basic Principles of Justice 

for Victims of Crime and 

Abuse of Power

417

Chapter 18: International Perspectives in Victim Services
material, medical, psychological, and social assistance through comprehensive use of governmental, voluntary, community-based, and indigenous groups. The Declaration also addresses various principles of

justice for victims of abuse of power.

Governments and organizations around the world have responded

to the challenge of implementing the Declaration in different ways.

Victim justice became a much livelier public issue in Poland, Sweden,

India, the Philippines, Brazil, and Germany, to cite six of many possible

examples, following its adoption.Victim assistance programs and

services have developed around the globe in such diverse nations as

Japan, New Zealand, Nigeria, The Netherlands, and Mexico. Other

countries, however, have only begun to establish mechanisms to

respond to victims’ concerns.

The United Nations has undertaken a number of initiatives in recent

years to foster implementation of the Declaration worldwide. In 1996,

the fifth session of the United Nations Commission on Crime Prevention and Criminal Justice in Vienna,Austria, adopted a resolution calling

for the development of an international victim assistance training

manual to help countries worldwide develop programs for victims of

crime. The Office for Victims of Crime has taken a leadership role in

working with scores of experts in victim issues from every region of

the world, to develop a Handbook or Justice for Victims, and an

accompanying Guide for Policymakers. Both documents, which

contain promising practices and victim assistance approaches from

countries around the world, will be submitted for consideration at the

seventh Session of the U.N. Crime Commission in 1998.

In 1995, the Fourth United Nations Conference on Women in

Beijing, China, was a significant step forward in the international arena

for victims of domestic violence. The Conference’s final document, the

Platform for Action, is a powerful and progressive statement about the

empowerment of women and the imperative to eliminate violence

against women in all its forms.

Emerging Issues in International 

Victim Assistance

A number of international victimization issues have become increasingly apparent to the victim assistance field in recent years, including

crimes against international tourists, victim compensation, international

terrorism and crisis response, and crimes against children. These issues

are discussed below.

It is a violation of human

rights when individual

women are raped in their

communities and when

thousands of women are

subjected to rape as a

tactic or prize of war. It is

a violation of human

rights when a leading

cause of death worldwide

among women ages 14 to

44 is the violence they are

subjected to in their own

homes. If there is one

message that echoes forth

from this conference, it is

that human rights are

women’s rights . . . and

women’s rights are

human rights.

First Lady Hillary 

Rodham Clinton, 

United Nations Fourth World

Conference on Women,

Beijing, China, 

September 5, 1995.

418

Section 6: New Directions in International Victim Assistance
Victimization of Tourists

International tourist crime is a chronic and growing problem,

increasingly causing economic decline, deterring investment, and

threatening quality of life in countries all over the world. Tourists who

become victims often face unique issues such as isolation and culture

shock, lack of familiar social support, travel stress, and language

barriers. In addition, most tourists are not familiar with the laws of the

country they are visiting, or the criminal justice,social services, health,

and mental health systems they must interact with after victimization.

Throughout the world, tourist-dependent economies have

implemented a variety of promising, comprehensive programs to deal

with the increasing number of tourists who become victims of crime.

Many of these programs assist both domestic and international travelers. Programs to assist tourist victims have been implemented in the

United States in New York, New York; Orlando, Florida; and throughout

Hawaii. They are also available in Dublin, Ireland;Amsterdam, Netherlands; Buenos Aires,Argentina; San Jose, Costa Rica; and throughout

New Zealand and Aruba. Specialized services provided by these

programs generally include replacement of personal identification,

assistance with transportation and lodging, emergency medical

assistance, advocacy and support through embassies and consulates,

bereavement services, and communication assistance.

Crime Victim Compensation Around the World

In countries all over the world, victims of crime suffer physical

injuries, emotional pain, and financial losses.While many nations

provide victim compensation benefits, they often do not apply to

foreign travelers.When they do, the small percentage of victim tourists

who learn that compensation benefits are available are often discouraged by the legal intricacies of applying for compensation.

To inform travelers from all nations about benefits that exist in the

country they are visiting and how to apply for those benefits,the Office

for Victims of Crime, in partnership with the U.S. Department of State,

developed an International Victim Compensation Program Directory

in 1996. The State Department sent surveys to U.S. embassies in 174

nations, and questionnaires were then forwarded to the appropriate

officials in each country. Of the 91 countries that responded, 30

countries in addition to the United States reported that they have

established victim compensation programs. These programs are listed in

the directory.Unlike compensation programs in the United States, a

number of countries, including Austria, Belgium, and Denmark, do not

place maximum award limits on compensation benefits. All but three

countries offer benefits to foreign citizens victimized in their country,

and seven countries compensate their own citizens who are victimized

I wasn’t informed that I

should call the Canadian

consulate at the time, nor

were any contacts made

to the Canadian

consulate about the crime,

even after I requested it.

A Canadian tourist victimized 

in the United States

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Chapter 18: International Perspectives in Victim Services
abroad. Three countries, including the United States,specify that

compensation benefits are to be made available to victims of terrorism.

Three additional countries,Colombia,Italy, and Israel, operate compensation programs solely for victims of terrorism. The Netherlands provides

compensation for legal aid expenses as well as aid for extensive services

to replace work in the home previously performed by the victim.4

International Terrorism and Crisis Response

International crises such as terrorist attacks involve victims and

survivors from many different countries, and local caregivers are

sometimes unable to intervene usefully due to lack of education,

resources, and language and cultural barriers. Moreover, because of

complicated international investigations which frequently involve

multiple jurisdictions, the rights, needs, and services available to

victims of terrorism may be overlooked.

A number of organizations provide invaluable assistance to victims

of international terrorism and their families. The National Organization

for Victim Assistance (NOVA), for example, worked in the 1980s with

family members of U.S. hostages taken in Iran and Lebanon by convening support group meetings, developing a hostage family newsletter,

and helping them contact governmental agencies. In 1990, the organization developed Coping with the Iraq/Kuwait Crisis:A Handbook

for families and friends of Americans detained in Iraq and Kuwait,5 and

NOVA has coordinated crisis response teams in nearly a dozen

countries including Japan, Canada, Bosnia, and Croatia.

NOVA has also been actively involved in training initiatives on

international crisis response issues. Prior to the 1996 Summer

Olympics in Atlanta, Georgia, the Office for Victims of Crime (OVC)

provided funds to NOVA for the training of victim advocates and

volunteers on national and international crisis intervention and

response, including instruction from experts on how to assist foreign

nationals victimized in the United States. After the bombing during the

Olympics in Atlanta’s Centennial Park, these advocates were instrumental in ensuring that victims received needed services.

Surviving family members whose loved ones were killed abroad by

terrorists in various countries have voiced several concerns about the

lack of appropriate services for victims and victims’ families in the

aftermath of the incident.6 Specifically, they have expressed dissatisfaction with notification procedures after the death of their loved ones,

red tape that made finding out information about their cases difficult

and more painful, lack of regular updates about the status of their cases

from responsible government officials, and the poor coordination

between governmental agencies involved in these cases.

The unfortunate lesson

that I have learned is 

that there is no one to

answer a cry for help in a

foreign country where an

American is victimized 

by crime.

A victim

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Section 6: New Directions in International Victim Assistance
Commercial Sexual Exploitation of Children

Each year, an estimated 1 million children enter the multi-billion

dollar illegal sex market.7 Children are coerced, kidnapped,sold,

deceived, or otherwise trafficked into enforced sexual encounters.

The phenomenon of “sex tourism,” which mainly involves men traveling to other countries to engage in sex with children, is well

documented. The exact nature of exploitation differs from one

country to another. In Asia, for example, children are sold, knowingly

or unknowingly, into the sex trade by families or friends. In Africa,

evidence suggests that the employment of children as domestic help

frequently includes sexual exploitation. In Europe, children are

trafficked from poorer to more affluent countries where the market

for children is fueled by organized pedophile rings and high-tech

information services. These rings also exists in Australia, Canada, the

United Kingdom, and the United States.

The damage commercial sexual exploitation causes children is

unquestioned. Children are robbed of their natural sexual development

and their sense of dignity, identity, and self-esteem as well. Their

physical and emotional health are put at tremendous risk, their rights

are violated, and their only support may come from those who exploit

them. To address these issues,Assistant Attorney General Laurie

Robinson led the U.S. delegation to the World Congress Against

Commercial Sexual Exploitation of Children in Stockholm, Sweden, in

1996. OVC provided funds to Education Development Center, Inc., to

develop a report on strategies to stop the sexual exploitation of

children, Child Sexual Exploitation: Improving Investigations and

Protecting Victims—A Blueprint for Action, which was distributed at

the conference. Since the World Congress, an interagency working

group comprising representatives from the President’s Interagency

Council on Women, the Departments of Defense, Education, Justice,

Labor, and State, as well as from U.S. Customs and the U.S. Postal

Inspection Service, has met periodically to develop a coordinated

federal agency strategy for prevention, investigation, and intervention

in cases of commercial sexual exploitation of children.

International Parental Child Abduction 

Parental abduction cases often involve international marriages that

dissolve, with one parent returning to a native country with children

who are too young to give legal consent. It is estimated that each year

in the United States more than 350,000 children are abducted by a

parent.8 Of those abductions,reports vary on the numbers of children

taken across international borders. One study found that children were

known or believed to have been taken to another country in more

than one-fifth of all child abductions. Earlier studies with smaller

sample groups found that up to 40 percent of abductions may cross

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Chapter 18: International Perspectives in Victim Services
international boundaries.9 Only a small percentage of these cases are

ever reported to the State Department, however. The State Department’s Office of Children’s Issues Statistics reported a total 1,057

international child custody cases in 1994.10

The costs of searching for children who have been abducted are

staggering. Many parents exhaust their life savings on telephone calls,

attorneys, and private investigators. A 1990 study found that in

international cases, more than half of the searching parents spent

more than $10,000 and a few spent more than $50,000 in their

efforts to retrieve their children.11 Accurate statistics on recovery

rates are not available, according to the National Center for Missing

and Exploited Children, but success or failure often depends on

whether the child was taken to one of the 45 countries that have

signed the Hague Convention on the Civil Aspects of International

Child Abduction. The recovery rate for Hague Convention countries

varies by how well the courts of each country implement the treaty.

Recovery rates for non-Hague countries are very low.

Since 1985, the Justice and State Departments have worked together

through the National Center for Missing and Exploited Children to

track kidnapped children taken across international borders and to

help their parents obtain lawful custody under the Hague Convention’s

treaty on international child abductions. This joint initiative was

recently renewed, and OVC will pay travel-related reunification costs

for American parents who can prove that substantial economic

hardship prevents them from recovering their children from overseas.

Recommendations from the Field for International Victim Assistance

INTERNATIONAL RECOMMENDATION FROM THE FIELD #1

The United States should continue to play

a leadership role in the area of international victim assistance. 

The United States should fully participate in United Nations-affiliated

and other international conferences that include victim-related topics,

including victim assistance and violence prevention. Participation

should include representation by senior government officials, presentations, and submission of action-oriented resolutions on implementation

of internationally coordinated victim rights,services, and violence

prevention programs. Representation should reflect the diversity of the

population of the United States.

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Section 6: New Directions in International Victim Assistance
INTERNATIONAL RECOMMENDATION FROM THE FIELD #2

International standards of victim

assistance and victim rights should be

established, including standards for

criminal justice and allied professionals

who work with crime victims.

Adoption of the United Nations Declaration of Basic Principles of

Justice for Victims of Crime and Abuse of Power served as a significant

first step in advancing victims rights around the globe, and an International Training Manual on Victim Assistance will go far to help countries

implement the Declaration. More work is needed, however,to ensure

that victims around the globe receive consistent and appropriate

services. The United Nations should establish standards of victim

assistance, and these standards should be adhered to by member states.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #3

An international network of information,

dissemination, training, and technical

assistance on victim rights and assistance

should be established.

The development of an international technical assistance and

training capacity that involves cataloging, evaluating, and developing

victim-related training materials as well as identifying qualified individuals to deliver such assistance should be developed. The International

Scientific and Professional Advisory Council of the United Nations

Crime Prevention and Criminal Justice Programme has made detailed

recommendations concerning such a clearinghouse function. In

addition, a database describing promising victim practices around the

world should be established,similar to the database on promising

prevention programs developed by the International Center for the

Prevention of Crime in Canada.

An international database on promising practices could be built

upon or incorporated into UNOJUST, the United Nations Online Crime

and Justice Clearinghouse, a technical assistance program designed by

the National Institute of Justice in the U.S. Department of Justice and

the Office of International Narcotics and Law Enforcement in the

Department of State to help the United Nations Program Network

Institutes develop a technical capacity for global electronic information

exchange on criminal justice issues. Such an exchange should also

include victim issues.

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Chapter 18: International Perspectives in Victim Services
INTERNATIONAL RECOMMENDATION FROM THE FIELD #4

Cross-cultural and multinational research

on victimization, violence, and victim

assistance should be promoted.

Because of differences in legal codes and definitions of crime among

countries,reliable data that are comparable across nations has been

difficult to obtain. The International Crime [Victimization] Survey is

one positive step towards comprehensive, multinational data on crime

victimization. More research in this area is needed, however, particularly for crimes such as child abuse and domestic violence which are

largely unreported to police in most countries. Cross-cultural research

should also be undertaken to identify promising victim assistance

programs being utilized in different countries.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #5

International reciprocity in the provision

of victim compensation, restitution, and

other assistance in cases involving foreign

nationals should be promoted.

As more and more people travel around the world, crimes against

foreign citizens, both in the United States and abroad, are likely to

increase. In this country,states should examine their compensation and

assistance programs to ensure that there is reciprocity in cases involving foreign nationals.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #6

Standards and procedures should be

developed to address criminal cases

involving foreign crime victims.

In cases where a U.S. citizen commits a crime against a foreign

national, policies and procedures should be established to allow such

victims to participate in the criminal justice system, including providing, when appropriate and necessary, financial assistance for travel and

telephone costs, language interpretation, and other services.

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Section 6: New Directions in International Victim Assistance
INTERNATIONAL RECOMMENDATION FROM THE FIELD #7

Communities with large numbers of

tourists should establish special programs

to assist international tourists who are

victims of crime.

Every major city in the United States should establish programs for

international tourist victims that provide, at a minimum, assistance with

transportation and lodging, emergency medical assistance, advocacy

and support through embassies and consulates, bereavement services,

and communication assistance. Some victim advocates have proposed

that such programs be funded through the collection of an “exit fee”

assessed on international travelers. This fund could also be used to

support services to U.S. citizens victimized abroad.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #8

An international victim care corps under

the auspices of the United Nations or an

alternative body should be established. 

International terrorism, major airline crashes, and other disasters often

involve victims from many different areas of the world. An international

victim care corps should be developed to include mobile, multilingual

crisis response teams that are trained and able to respond quickly to

community crisis situations in which national responses may prove

insufficient. The corps should also include a pool of trained victim

advocates to provide assistance,support, and representation to victims of

crime or terrorism whose cases are heard by international bodies.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #9

The federal government should develop a

coordinated plan of action to respond to

the needs of U.S. citizens who are victimized abroad. The State and Justice Departments should examine whether an

ombudsman is needed to ensure effective

information and services for these victims.

American citizens victimized abroad and their families often do not

receive comprehensive victim assistance services in the country

where the crime occurs or when they return home. This situation is

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Chapter 18: International Perspectives in Victim Services
complicated further when the crime involves terrorism or mass

violence. International investigations become very complex, frequently

involving multiple agencies. Often victims do not know where to turn

for information or assistance. The federal government should consider

establishing a victim ombudsman at the State or Justice Department to

coordinate and streamline responses to Americans who are victimized

abroad. Such an ombudsman would have responsibility for contacting

victims and providing information and referrals to local services,

updating victims on the status of the investigations, and serving as a

point of contact to guide victims through the federal system.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #10

The federal government should support

the creation of a support group for victims

of terrorism abroad.

Many victims of terrorism abroad, as well as surviving family

members, have indicated that they feel very isolated following the

traumatic event. Many survivors of international terrorism feel that it

would aid their healing process to belong to a support group with

other survivors. It is difficult, however, for these victims to identify and

contact individuals who have experienced similar losses. The Departments of Justice and State should examine how they could help facilitate communication between these victims. In addition, they should

establish an advisory task force of victims of terrorism abroad to

recommend improvements in victim services.

INTERNATIONAL RECOMMENDATION FROM THE FIELD #11

The federal government should make

every effort to fully implement the Federal

Protection for Battered Immigrant Women

and Child provision of the Violence Against

Women Act, including mandatory training

for all INS and asylum officers and others

who work with immigrant populations. 

Until the passage of the Battered Immigrant Women provision of the

Violence Against Women Act, immigrant women who were dependant

on their batterer for their legal status, could not escape their abusive

situation without risking deportation. The new provision allows

immigrant victims the opportunity to apply for legal status independent of their abusive spouse.While some immigrants have already

benefited from this new measure,still others who may be eligible are

426

Section 6: New Directions in International Victim Assistance
not simply because they and the immigration officials handling their

case are unaware the law exists. As such, all immigration and asylum

officers should be fully trained concerning the existence of the new

law, along with all policies and procedures created to implement the

law. The officers should also be trained to identify immigrants who

may be eligible and assist them with filing applications to avail

themselves of the new provision.

427

Chapter 18: International Perspectives in Victim Services

The recommendations in this chapter were based upon input

from participants at public hearings and reaction and working

groups, as well as papers submitted by experts in the field, identified in Appendix A. The recommendations do not necessarily

reflect all of the views of the contributors, nor do they necessarily

represent the official views of the Department of Justice.
Endnotes

1 International Crime [Victimization] Survey, Criminological Institute, Leyden University, and United Nations

Interregional Crime and Justice Research Institute, Preliminary Unpublished Data, 1997.

2 United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,

A/Res/40/34, adopted by the General Assembly of the United Nations on November 29, 1985.

3 Id.

4 Office for Victims of Crime, International Crime Victim Compensation Program Directory,Washington, DC:

U.S. Department of Justice, 1996.

5 Young, M. and J. Stein, Coping with the Iraq/Kuwait Crisis:A Handbook, Washington, DC: National Organization for Victim Assistance, 1990.

6 Meeting of Aileen Adams, Director, Office for Victims of Crime, and surviving family members of victims killed

by terrorists abroad, in Washington, DC,April 23, 1996, following signing of Antiterrorism Act.

7 World Congress Against Commercial Sexual Exploitation, Backgrounder: Prostitution of Children. World

Congress Website: http://www.childhub.ch/webpub/csechome, 1.

8 Finkelhor, D., G. Hotaling, and A. Sedlak, Missing, Abducted, Runaway, and Throwaway Children in America;

First Report: Numbers and Characteristics, National Incidence Studies, Executive Summary,Washington,

D.C.: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, 1990.

9 Grief, G. and R. Hegar, When Parents Kidnap, New York: Free Press, 1993.

10 U.S. Department of State, Office of Children’s Issues Statistics Fact Sheet, Washington, D.C.: U.S. Department 

of State, 1994.

11 Grief and Hegar, When Parents Kidnap.

428

Section 6: New Directions in International Victim Assistance
Conclusion

As a society we have made great progress in meeting victims’ needs

since the 1982 Final Report of the President’s Task Force on Victims of

Crime.New Directions chronicles the advances on the legislative front

and highlights scores of “promising practices” that have flourished in

communities to improve services to victims. The growth and change of

the field of victim assistance and victims’ rights is far from over. As this

report goes to press, there are more programs being developed, and

more innovative approaches being taken to help victims find justice and

healing. It has been abundantly clear throughout all the work in

compiling New Directions that the field of victim assistance and

victims’ rights is dynamic. It is this very dynamism that ensures responsiveness to the evolving understanding of the needs of crime victims.

New Directions is thus not the final word on victims’ issues and

programs. It is, however, a sound compass that will help hold the

course true in the years of work to come. The recommendations offer

to all a starting point for discussion about how best to apply them

within individual communities to meet local needs. The five global

challenges from the field set forth in the executive summary—enacting

and enforcing consistent, fundamental rights; providing equal access to

comprehensive services; increasing public awareness and comprehensive training; replicating promising practices; and listening to crime

victims—are a touchstone for these discussions.

While New Directions was three years in the making, in many ways

the real work begins now—after you have read the recommendations,

after you have examined the numerous promising practices presented

in each section. For the work of New Directions is in its implementation. Each community should explore the recommendations and

involve all those who work with crime victims in determining how

best to achieve their goals. Each criminal justice agency, victim service

organization, and allied professional organization should explore how it

can change and improve the way in which it meets the needs of crime

victims. And each individual who comes into contact with crime

victims should study the recommendations and promising practices in

this report to enhance the work each does.New Directions is a starting

point for all.

429

Conclusion
Appendix A

Experts from the Field who Contributed to New Directions

AUTHORS OF BACKGROUND PAPERS

Richard Barajas, J.D., Chief Justice, Eighth District Court of Appeals, El Paso,Texas (Judicial Response

to Crime Victims)

Gordon Bazemore, Ph.D., Florida Atlantic University, Fort Lauderdale, Florida (Restorative Justice

Principles)

David Beatty, J.D., Director of Public Policy, National Victim Center,Arlington,Virginia (State and

Federal Victims' Bills of Rights, with Susan Howley)

Lawrence Bergmann, Ph.D., Post Trauma Resources, Columbia, South Carolina (Workplace Violence

and Corporate Responsibility)

Wanda Lavandel Bincer, M.D., Madison,Wisconsin (Support Groups as a Victim Service, with Janice

Lord & Melissa Ehrke)

Mary Boland, J.D., Attorney at Law, Darien, Illinois (Sexual Assault)

Howard Davidson, J.D., ABA Center on Children and the Law,American Bar Association,Washington,

D.C. (Rights of Child Victims)

Rev. David Delaplane, The Spiritual Dimension in Victims Services, Englewood, Colorado (Clergy

Response to Crime Victims)

Christine Edmunds, Criminal Justice and Victim Services Consultant,Washington, D.C. (Prosecutors'

Response to Crime Victims)

Lucy Friedman, Ph.D., Executive Director,Victim Services Inc., New York, New York (Victim Activism,

with Peter Neville and Susan Tucker)

Millie Green, New Llano, Louisiana (Victims of Drunk Driving Crashes, with Janice Lord and Robert

Shearhouse)

Barbara Hart, J.D., Legal Director, Pennsylvania Coalition Against Domestic Violence, Reading,

Pennsylvania (Domestic Violence Issues, with Jacqueline St. Joan)

Gwen Holden, Consultant, former Executive Vice President of the National Criminal Justice Association,

Washington, D.C. (Stalking Laws and Issues)

Susan Howley, J.D., Assistant Director, Legislative Services, National Victim Center,Arlington,Virginia

(State and Federal Victims' Bills of Right, with David Beatty)

Norma Johnson, M.S., Los Angeles City Attorney Victim Assistance Program, Los Angeles, California

(Survivors of Homicide Victims)

Dean Kilpatrick, Ph.D., Director, National Crime Victims Research and Treatment Center, Medical

University of South Carolina, Charleston, South Carolina (Mental Health Needs of Crime Victims)

Janet Loflin Lee, C.S.W, Victims Services, New York, New York (Elder Abuse)

Janice Harris Lord, M.S.S.W., Consultant for Victims’ Issues, Mothers Against Drunk Driving, Irving,

Texas (Support Groups as a Victim Service and Victims of Drunk Driving Crashes, with 

Millie Green and Robert Shearhouse)

A-1

Appendix A
Brett Macgargle, South Carolina Department of Juvenile Justice; former Statewide Director of Victim

Services, South Carolina Department of Probation, Parole and Pardon Services, Columbia, South

Carolina (Victim Services in Probation and Parole)

Karen McLaughlin, Senior Policy Analyst, Education Development Center, Inc., Newton, Massachusetts

(Hate and Bias Crimes)

Mary Morgan, J.D., retired Judge of the Municipal Court, San Francisco, California (Judicial Response

to Crime Victims)

Peter Neville, Program Assistant,Victim Services, Inc., New York, New York (Victim Activism, with Lucy

Friedman and Susan Tucker)

Brian Ogawa, D.Min., Director, Crime Victims’ Institute,Attorney General’s Office,Austin,Texas

(Multicultural Issues in Crime Victim Assistance)

Helen Rodriguez-Trias, M.D., F.A.A.P., Consultant in Health Programming, Brookdale, California

(Health Care Response to Crime Victims)

Anne Seymour, Public Safety Consultant,Washington, D.C. (Rights of Victims of Juvenile Offenders,

Crime Victims and Corrections, Role of the Media in Victim Services)

Robert Shearhouse, J.D., Director, Public Policy, Mothers Against Drunk Driving, Irving,Texas (Victims

of Drunk Driving Crashes, with Millie Green and Janice Harris Lord)

Jacqueline St. Joan, J.D., Domestic Violence Consultant, Denver, Colorado (Domestic Violence Issues,

with Barbara Hart)

John Stein, J.D., Deputy Director, National Organization for Victim Assistance,Washington, D.C.

(Constitutional Amendments)

Susan Tucker, J.D., Director of Policy and Research Development,Victim Services Inc., New York, New

York (Victim Activism, with Lucy Friedman and Peter Neville)

Robert C. Wells, Federal Law Enforcement Training Center (FLETC), Glynco, Georgia (Law Enforcement

Response to Crime Victims)

Debra Whitcomb, Senior Scientist, Education Development Center, Inc., Newton, Massachusetts (Child

Abuse and Exploitation)

Marlene Young, Ph.D., J.D., Executive Director, National Organization for Victim Assistance,

Washington, D.C. (Victim Assistance, First Response to Victimization, International Issues)

REVIEWERS

Gail Abarbanel, L.C.S.W., Director, Rape Treatment Center, Santa Monica-UCLA Medical Center, Santa

Monica, California (Mental Health, Education)

Mary Achilles, Director of Victim Services, Pennsylvania Department of Corrections (Corrections)

Diane Alexander, Director of Information Services and Resource Development, National Victim Center,

Arlington,Virginia (Victims’ Rights)

Clementine Barfield, Executive Director, Save Our Sons and Daughters,Detroit,Michigan (Support Groups)

Jenny Belich, District Attorney’s Office, Milwaukee,Wisconsin (Rights of Juvenile Offenders)

Aurelia Sands Belle, M.Ed., Counselor/Instructor, Fayetteville State University, Fayetteville, North

Carolina (Multicultural Issues)

Connie Best, Ph.D., Associate Professor, National Crime Victims Research and Treatment Center, Medical

University of South Carolina, Charleston, South Carolina (Domestic Violence)

A-2

New Directions from the Field: Victims’ Rights and Services for the 21st Century
Tom Blomberg, Professor, Florida State University School of Criminology and Criminal Justice,

Tallahassee, Florida (Victim Assistance)

Steve Bunting, Executive Director,American Society of Law Enforcement Trainers, Lewes, Delaware

(Law Enforcement)

Minty Siu Chung, Policy Staff Attorney,AYUDA,Clinica Legal Latina,Washington, D.C. (Domestic Violence)

Jack Collins, Victim Advocate,Wilmington, North Carolina (State and Federal Victims Bills of Rights,

State Constitutional Amendments, Mental Health)

Rev. Bruce Cook, Jr., Atlanta, Georgia (Clergy Response to Crime Victims)

Teresa Contreras, M.S.W., California Department of Corrections, Sacramento, California 

(Multicultural Issues)

Jane Crisp, Certified Trauma Specialist and Training Consultant, Greenville, South Carolina (Mental

Health, Victim Assistance)

John Dawson, National Director, Field Advancement and Strategic Events, Prison Fellowship Ministries,

Reston,Virginia (Clergy Response to Crime Victims)

Jeff Davis, retired law enforcement officer, Florida (Support Groups, Mental Health)

Robert Davis, Ph.D. Senior Research Consultant,Victim Services, New York, New York (State and

Federal Victims Bills of Rights)

Robert Davis, National Reporter, USA Today, Rosslyn,Virginia (Role of the Media in Victim Services)

Steve Derene, Program Manager, Office of Crime Victims Services,Attorney General’s Office, Madison,

Wisconsin (Victim Assistance)

Drew Diamond, Senior Research Associate, Police Executive Research Forum,Tulsa, Oklahoma 

(Law Enforcement)

Anita Armstrong Drummond, Consultant, Montgomery,Alabama (Victim Assistance)

Arthur “Cappy” Eads, J.D., District Attorney, Bell County,Texas (Prosecutors)

Dan Eddy, J.D., Executive Director, National Association of Crime Victim Compensation Boards,

Alexandria,Virginia (Compensation)

Leonard Edwards, J.D., Presiding Judge, Juvenile Court, San Jose, California (Rights of Child Victims)

Sharon English, M.S.W., Deputy Director, Office of Prevention and Victims Services, California Youth

Authority, Sacramento, California (Victims of Juvenile Offenders)

Lisa Ferguson, J.D., Staff Attorney, National Victim Center,Arlington,Virginia (Civil Remedies)

J. David Francis, J.D., Senior Circuit Judge/Mediator, Bowling Green,Kentucky (The Judicial Response

to Crime Victims)

Bruce Friedman, J.D., National Indian Justice Center, Petaluma, California (Victims Rights)

Alan Harland, L.L.M., Ph.D., Temple University, Department of Criminal Justice, Philadelphia,

Pennsylvania (Corrections)

Susan Herman, J.D., Executive Director, National Victim Center,Arlington,Virginia

Susan Hillenbrand, Director of Special Projects,American Bar Association,Washington, D.C. (Rights of

Child Victims)

Joan Vaz Serra Hoffman, Educational Development Center, Newton, Massachusetts (Health Care

Community)

A-3

Appendix A
Jay Howell, J.D., Attorney at Law, Jacksonville, Florida (Rights of Child Victims, Civil Remedies,

Role of the Media)

Cliff Karchmer, Director of Program Development, Police Executive Research Forum,Washington, D.C.

(Law Enforcement)

Deborah Kelley, J.D., Attorney at Law,ABA Victims Committee,Washington, D.C. (State and Federal

Victims Bills of Rights)

David Lloyd, Manager, Family Advocacy Program, Department of Defense,Arlington,Virginia (Rights of 

Child Victims)

Sandi Menefee, Victim Services Coordinator,California Department of Corrections, Sacramento,

California (Corrections)

Joseph Myers, Executive Director,National Indian Justice Center,Petaluma,California (Multicultural Issues)

Anita O’Riordan, Program Director, Elder Affairs Program, Phoenix,Arizona (Elder Abuse)

Mario Paparozzi, Ph.D., Assistant Commissioner, Division of Parole and Community Programs,Trenton,

New Jersey (Law Enforcement)

Robert Payant, J.D., President, National Judicial College,Reno, Nevada (Judicial Response)

Rocco Pozzi, Past President,American Probation and Parole Association;Commissioner,Westchester

County Probation and Parole, New York (Corrections)

Albert Roberts, D.S.W., Professor,Rutgers University School of Social Work, New Brunswick, New Jersey

(Victim Assistance)

Donald Rohobich, Ph.D, former Director of Research,American Prosecutors Research Institute

(Prosecutors Response to Crime Victims)

Roberta Roper, Executive Director, Stephanie Roper Committee and Foundation,Upper Marlboro,

Maryland (Mental Health, State Constitutional Amendments)

Deborah Spungen, M.S.S., M.L.S.P., CTS, Founder and Special Projects Director,Anti-Violence

Partnership of Philadelphia (Workplace Violence, Survivors of Homicide Victims)

Joyce N. Thomas, RN, MPH, PNP, Center for Child Protection and Family Support,Inc., People of Color

Leadership Institute,Washington, D.C. (Multicultural Issues)

Hector Torres, Ph.D., Focus Psychological Services, San Diego,California (Multicultural Issues)

Mark Umbreit, Ph.D., University of Minnesota,School of Social Work, St.Paul,Minnesota (Restorative Justice)

Thomas Williams, Psy.D., Post Trauma Treatment Center,Inc., Golden,Colorado (Workplace Violence)

Leslie Wolfe, Ph.D., President,Center for Women’s Policy Studies,Washington, D.C. (Domestic Violence)

REACTION GROUP/FOCUS GROUP PARTICIPANTS

Law Enforcement:

Joe Brann, Director,Community Oriented Policing Services (COPS),Department of Justice,Washington,D.C.

Carolyn Cockroft, Program Manager, International Association of Chiefs of Police,Alexandria,Virginia

Carroll Ann Ellis, Director,Victim-Witness Unit, Fairfax Police Department, Fairfax,Virginia

Carl Harbaugh, National Sheriff’s Association Coordinator,Community Policing Consortium,Washington,D.C.

Clifford Karchmer, Director of Program Development, Police Executive Research Forum,Washington,D.C.

Richard Kitterman, Executive Director, Commission on Accreditation for Law Enforcement Agencies,

Inc., Fairfax,Virginia

A-4

New Directions from the Field: Victims’ Rights and Services for the 21st Century
Duane Ragan, Program Specialist, Office for Victims of Crime,Washington, D.C.

John Stein, Deputy Director, National Organization for Victim Assistance,Washington, D.C.

Sandra Webb, Community Policing Consortium,Washington, D.C., former Director, Research and

Development, National Sheriff's Association,Alexandria,Virginia

Prosecutors: 

Michael Barnes, District Attorney, South Bend,Indiana; Past-President, National District 

Attorneys Association

Jane Brady, Attorney General,Wilmington, Delaware

Heather Cartwright, Assistant U.S.Attorney,Washington, D.C.; detailed to the Office for Victims of

Crime,Washington, D.C.

Art Danner, District Attorney, Santa Cruz, California

Dusty Deschamps, County Attorney, Missoula, Montana

Laura Federline, Program Specialist, Office for Victims of Crime,Washington, D.C.

Newman Flanagan, Executive Director, National District Attorneys Association,Alexandria,Virginia

Kim Lesnak, Assistant Director, LECC/Victim-Witness Program, Executive Office of U.S.Attorneys,

Washington, D.C.

Carmen Messano, former County Prosecutor, Hudson County, New York

William Murphy, District Attorney, Staten Island, New York; President, National District Attorneys

Association,Alexandria,Virginia

Jennifer Panagopolous, Deputy Director, National District Attorneys Association; Chief Administrator,

American Prosecutors Research Institute,Alexandria,Virginia

Traci Sanders, State Initiatives Counsel, National Association of Attorneys General,Washington, D.C.

Dwight Scroggins, Prosecuting Attorney, St. Joseph, Missouri

Michelle Tapken, Assistant U.S.Attorney, District of South Dakota; detailed as Victims’ Rights Legal Staff

Specialist, Executive Office of U.S.Attorneys/Office of Legal Education,Washington, D.C.

Judiciary:

Hon. Richard Andrias, Associate Justice of the Supreme Court,Appellate Division, First Department,

New York, New York

Hon. A. Franklin Burgess, Jr., Presiding Judge, Criminal Division, Superior Court of the District of

Columbia

Hon. John Feinblatt, Court Administrator, Midtown Community Court, New York, New York

Hon. Lois Haight, Judge, Contra Costa County Superior Court, California

Hon. Suzanne W. Knauf, Judge of the Municipal Court, San Diego County, North County Judicial

District, California

Hon. Cindy Lederman, Judge, 11th Judicial Circuit, Miami, Florida 

Hon. Mary C. Morgan (ret.), Judge of the Municipal Court of the City and County of San Francisco,

California 

Hon. Rosalyn Richter, Judge of the Bronx Criminal Court, New York, New York 

Hon. Laurie Robinson, Assistant Attorney General, Office of Justice Programs, U.S. Department of

Justice,Washington, D.C.

A-5

Appendix A
Lynn Hecht Schafran, J.D., Director, National Judicial Education Program to Promote Equality for

Women and Men in the Courts, New York, New York

Hon. Bill Schma, Judge,Kalamazoo County Circuit Court A,Kalamazoo, Michigan 

Hon. Bill Thorne, District Judge, 3d District Court, Salt Lake City, Utah

Hon. Irene Toledo, District and Family Court Judge, Navajo Nation Ramah District Court,

Ramah, New Mexico

Corrections: 

Trudy Gregorie, Director of Victim Services and Program Development, National Victim Center,

Arlington,Virginia

Susan Hunter, Chief, Prisons Division, National Institute of Corrections,Washington, D.C.

Susan Laurence, Program Specialist, Office for Victims of Crime,Washington, D.C.

Larry Meachum, Director, Corrections Program, Office of Justice Programs,Washington, D.C.

Dora Schriro, Director, Missouri Department of Corrections, Jefferson City, Missouri

Anne Seymour, Criminal Justice Consultant,Washington, D.C.

Bill Taylor, American Correctional Association,Washington, D.C.

Morris Thigpen, Director, National Institute of Corrections,Washington, D.C.

Compensation:

Richard Anderson, Director, Crime Victims Compensation Division, Office of the Attorney General,

Austin,Texas

Judith E. Beals, Chief,Victim Compensation and Assistance Division, Office of the Attorney General,

Boston, Massachusetts

Ted Boughton, Deputy Executive Officer,Victims of Crime Program, State Board of Control,

Sacramento, California

Kelly Brodie, Compensation Director, Crime Victim Assistance Division, Des Moines, Iowa

Barbara Brown, Board Member,Alabama Crime Victim Compensation Commission, Montgomery,Alabama

Jackie McCann Cleland, former Director, State Compensation and Assistance Division, Office for

Victims of Crime,Washington, D.C.

Ann DelNegro, Director,Violent Crimes Compensation Board,Wilmington, Delaware

Dan Eddy, Executive Director,National Association of Crime Victim Compensation Boards,Alexandria,Virginia

Carolyn Hightower, Deputy Director, Office for Victims of Crime,Washington, D.C.

Miriam Shehane, Chairperson,Alabama Crime Victim Compensation Commission, Montgomery,Alabama

Larry Tackman, Director, Crime Victim Reparations Commission,Albuquerque, New Mexico

Henry Thompson, Director,Apache County Victim Compensation, Saint Johns,Arizona

Mary Webster, Public Relations Director,Victims of Crime Compensation Program, Ohio Court of

Claims, Columbus, Ohio

Faith Community:

Scott Beard, Executive Director, People Against Rape, Charleston, South Carolina

Aurelia Sands Belle, Counselor/Instructor, Fayetteville State University, Fayetteville, North Carolina

Rev. Laurence Bishop, Clergy Response Institute, Edmond, Oklahoma

A-6

New Directions from the Field: Victims’ Rights and Services for the 21st Century
Nancy Coburn,American Humane Association,Abilene,Texas

Rev. David Delaplane, Director,The Spiritual Dimension in Victim Services, Englewood, Colorado

Anne Delaplane, Associate Director,The Spiritual Dimension in Victim Services, Englewood, Colorado

Stephanie Frogge, Director of Victim Services, Mothers Against Drunk Driving, Irving,Texas

Rev. Richard P. Lord, Rush Creek Christian Church,Arlington,Texas

Janice Lord, Consultant for Crime Victims’ Issues, Mothers Against Drunk Driving, Irving,Texas

Pastor Roderick Mitchell, Exodus Center for Life, Cleveland, Mississippi

Brian Ogawa, Director, Crime Victims’ Institute,Attorney General’s Office,Austin,Texas 

Speakers at New Directions Public Forum held at the North

American National Organization for Victim Assistance Annual

Conference in Maui, Hawaii, 1995

Harriet Salerno, Justice for Homicide Victims, San Francisco, California

Paul Anderson, Payne County District Attorney, Stillwater, Oklahoma

Keith Kaneshiro, Prosecutor, City and County of Honolulu, Oahu, Hawaii

Roberta Roper, Stephanie Roper Foundation, Upper Marlboro, Maryland

Ralph Hubbard, Parents of Murdered Children, Brooklyn, New York

Deborah Spungen, Anti-Violence Partnership, Philadelphia, Pennsylvania

Corinne Hill, Criminal Justice Council,Wilmington, Delaware

Viki Sharp, Director, Pima County Attorney’s Office,Victim-Witness Program,Tucson,Arizona

Nancy Court, Norfolk Commonwealth Attorney’s Office, Norfolk,Virginia

Nancy Chandler, National Network of Children’s Advocacy Centers,Washington, D.C.

Taya Sun, Sun and Associates, Chicago, Illinois

Shelly Neiderbach, Executive Director, Crime Victim’s Counseling Service, Inc., Brooklyn, New York

Jody Patel, California Crime Victims Fund, Sacramento, California

Greta Snitkin, Victim Advocate, Orange County Sheriff’s Office, Orlando, Florida

John Dussich, Professor,Tokiwa University, Japan

Marc Groenhuijsen, Professor, Dutch Association for Victim Assistance,The Netherlands

Mary Web, Survivor of Drunk Driving Crash, Mothers Against Drunk Driving

Trudy Gregorie, Director of Victim Services and Program Development, National Victim Center,

Arlington,Virginia

National Victim Assistance Academy Faculty and Participants, 1995-1997

Faculty and Participants in the National Victim Assistance Academy include many experienced

criminal justice professionals, victim service providers, and others from allied professions.

Faculty: Aileen Adams, Suzanne Anderson, Chris Asplen, David Austern, Samuel Aymer, Diane Batres,

David Beatty, Patricia Bledsoe, Barbara Bonner, Lynn Button, H. Dan Smith, Sadie Darnell, Debbie

Deem, Tony DeNardi, Judy Druse, Dan Eddy, Christine Edmunds, Carroll Ellis, Rick Ellis, Robert F.

Perez, James Flory, Stephanie Frogge, Mario Gaboury, Joan Gay, Trudy Gregorie, Barbara Hart, Shari

Heise, Steve Hess, Carolyn Hightower, B. Horne, Martha Imparato, Bonnie J. Campbell, Jerome

A-7

Appendix A
Jackson, Dean Kilpatrick, Karen Lee, Janice Lord, Lissa Lord, Michael Manske, Marty McIntyre,

Edwin Meese III, Morna Murray, Lisa Nerenberg, Sterling O'Ran, Brian Ogawa, Dan Petersen, Greg

Richardson, Albert Roberts, Aurelia Sands Belle, Ron Schweer, Anne Seymour, Jane Nady Sigmon,

Skip Sigmon, Eric Smith, Melody Specht Kelly, Karen Spinks, Peggy Tobolowsky, Vilma Torres,

Beatriz Trevino Espinoza, Kathryn Turman, Thomas Underwood, Arthur V.N.Wint, Eric W. Hickey,

Steven Walker, Harvey Wallace, Eidell Wasserman, Robert Wells, Francie Wendelborn, Carole Williams,

Marlene Young.

1995 Participants: Debbie Deem, Nora Parker, Lisa Feintuch, Michele John,Kelly Rudiger,Angela

Pickerson, Shannon Meddings, Beth Lindsay,Kathy Wallace, Gwen Allen,Kim Cook, Margaret Criks, Sheriff

Roger Altena, Marquenita Taunton, Elynne Wernikove-Greene, Helen Scholes, Bruce Kelly, Linda Pitman,

Terri Strayhorn, Debi Rusch,Joan Gay, Scarlett Harchen, Phil Whitby, Erika Rivera, Sharon Langford.

1996 Participants: Susan Baldwin, Marcia Thomas Bayne,Alistair Blake, Patricia Boardwine,Timothy

Bostic, Portia Cox, Bryan Criswell, Linda DeFonzo, Susan Evans, Beth Gibson,Amy M. Griese,Karen

Herbert, Harriett Held,Angela Hill,Timothy Johnson, Susan Julian, Sandra Keil, Charles Lange, Julie

Marsh, Marty McIntyre, Catherine Meyers,Kathy Middleton, Helen Moore, Natalie Nash, Christina M.

O’Neil, Donna Ray, Marilyn Schwartz, Dinamarie Sica, Ellen Smith, Deborah Timmons,Valerie Thomas,

Deanna Topa, Natalie Travers, Joanne Vazquez, Nettie Watts, Dennis Whitaker,Kevin Woods, Malachi

Young, Elisa Ziglar, Connie Abram, Dori Arter,Aileen Ast, Mary Bass, Judy Benitez, Newman Braud, Susan

Brown, Carol Church, Keith Cobb, Gayle Deshner, Kathy England, Nancy Foll, Susan Gandara, Lisa

Growette, N.Allan Hedberg, Julie Ann Hough, Laurie La Cross, Beth Lang,Tina Lentz, JoAnn Lillo,

Roxanne Mannisto, Lois Masengale,Alberta McCargo-James, Catherine Miller, Gail Mirsky, Monica

Owen, Carol Ramos,Katherine Rice, Richard Schuurman, Daniel Sorenson, Jan Sublett,Virginia

Talkington, Helene Tenette, Darleen Thompson, Janice Ward,Katherine Weber, Laura Williams, Paula

Bazaillion, Jody Bjornstad, Phyllis Couch,Willard M. Cuny, Jane Doviak, Sharon Downie, Joanna FrancoSchmidt, Melissa Funk, Susan Gerrity, Darla Gillespie, Pam Girouard, Donna Humbert, Mae Humphries,

Ama Johnson, Margaret Lang, Sandra Leonard,Angie Martinez, Olivia-Martinez-Barnes, Marie Nielsen,

Carmen O’Leary, Rose Olmsted, Sherril Pixley, Deborah Potter, Lorie Quillen, Ellen Reed, Paula Russell,

Patty Salas, Shawn Schenk, Judith Schmelig, Gayla Stewart, Linda Town, Lana Turlington, Barbara

Vandersdall,Vivian VanVleet, Francie Wendelborn.

1997 Participants: Marilyn Abraham, Mark Addesa,Heidi Marie Anderson, Mary Baer, Sherry Theresa Bailey,

Kathryn M.Beebe, Laurie Beyer-Kropuenske, Lisa A.Bowman, Fredericka T.Bradley,Tina Bridges,Jackie F.

Brothers,Heather Cartwright, Elizabeth Cowart,Donna Cyriax,Cynthia Darling,Karen D.DiPentima, Lynn

J. Falkenthal,Kathleen M.Garcia,Alma Garcia,Dalia O.Gonzalez,Karen E.Greene,Catherine E.Groves,Traci

Leigh Hackley, Pamela C.Henderson,Donna Celeste Hogan,Cassandra Keller, Sharon M.Knope,Jeannie

Kuley, Susan Laurence, Michael L. Manoly,Noelle C. Martino,Karen S. Mayne,William M. McClure,Candice

E. McKenna,Donna Murphy, Mary O’Flaherty, Michelle Porter,Vicky Proctor, Patricia Regan,Gordon P.

Rondeau, Sue Shriner,Twanna Spurgeon,Cheryl J. Strawder, Michelle Tapkin,Audrey D.Thibodeaux,Kitt N.

Tierney,Tara N.Tripp,Clinton G.Turner, Shane VerPlanck,Wendy L.White,Tyra Nash Wingard, Ethal

Woodby,Carol Barnett, Laurie A.Benjamin,Robert S.Boom, Lynette Buchanan,Debra Felicia Burton,Gwen

Anne Chretien-Oliver,Betti Delrow, Lee Ann Dillon,Diane Droz-Morin, Mark Louis Faler,Janine Gaboury,

JoDee E.Garretson,Caroline Gibson, Peggy Goodman, Pam Heimuller,Karen Hesser,Kelli Johnson,Julie B.

Kenyon,Jeff Kerr,Barbara Dull Knife,Gail Leland,Diane Marie Link, Suzanne E.Neuhause,Kelly M.

Nicholson,Rebecca Noll,Timothy O’Brien,Diana Olvedo-Munoz, Penny Packard,Anita Perry,Donna Reitan,

Christina B.Richard, Marta Rico-Paz,Cynthia L. Schofield,Diana L. Scott, Michelle Shoresman,Brian C.

Torrence,Jill L.Weston, Linda Whitlock,Bonnie Young,Carolyn Anderson,Yvonne Bell,Janice Board,

A-8

New Directions from the Field: Victims’ Rights and Services for the 21st Century
Christine L.Buckhardt, Evelyn J.Burks,Caroline J.Canavan,Barbara Crosby, Suzanne DalBon, Stephanie

Hires Duplantis, Linda Gayle Ellis,Angela A. Foote,Julie A. Forsyth,Carrie D. Fullington,Jo Halligan,Cathy

Harrison, Shelley Jackson,Jan Jones,Bill Kearns, Laura J.Kerstetter,Dora Larson,Katherine Lawson, Sherrie

O. Lemings,Nancy Litwa,Karen L. Martin, Shirleen Matlock,Kim Meinke,Gina Mendez,Dottie Moon,

Christine L. Mullen,Dorianne T. Powe,Belinda M.Ramsey,Belinda Rickman, Susan S.Russell,Karin E.Terry,

Donna M.Thayer,A.R.Tobin,Jr.,Kathy West,Joye Whatley,Beverly White, Sherry Windsor,Tom Wynne,Trisha

Greene Allen,Kerry E.Bannon, Lillie Barnes-Washington, Peggy Basham,Gwen Collier,Janet Cooper,

Barbara M.Durbin-Payne, Lisa Everett, Sheryl Flood,Diane Freeland,Denise Giles,Harvey Harding,Carolyn

Hightower,Ardith S.Hill, Monica J.King,Bettie Ann Knoll, Mary Lou Lakey, Maria Larrison,Georgette Lilly,

Sharon E. Locke, Linda Madigan,Cleora Magee, Mary Twickler Mann,Carol Morris, Pamela T. Priebe,Heather

Putnam, Michelle Reese, Sylvester Rucker, Shennill Scott,Audra Lene Snow, Mary Jo Speaker,Dawn Teague,

Ann Tramontana, Mary A.Tyner,Ron Wilkey, Pamela Young.

VOCA State Administrator’s Regional Meetings, 1997

In January of 1997, OVC sponsored a series of meetings for Victims of Crime Act administrators and/or

staff from all 50 states,the District of Columbia, and the U.S.Territories.The meetings were conducted in

the following locations: Portland, Oregon;Alexandria,Virginia; Providence, Rhode Island; St. Louis, Missouri;

and Austin,Texas. Surveys conducted at those meetings provided valuable input into New Directions.

Reference Sources

In compiling New Directions, literally hundreds of reference documents were utilized and are listed in

the endnotes of each chapter. In addition,the authors would like to acknowledge the following reference

sources that were invaluable in compiling this document:the 1996 Victims’ Rights Sourcebook:A

Compilation and Comparison of Victims Rights Laws, 1997, produced by the National Victim Center,

Arlington,Virginia and the 1995-1997 National Victim Assistance Academy Text, produced by the

Victims’Assistance Legal Organization and a consortium of experts in the field,Alexandria,Virginia. Both

of these resources were developed with support from the Office for Victims of Crime.

A-9

Appendix A
Appendix B

New Directions Staff

Aileen Adams, J.D. former Director, Office for Victims of Crime

Christine Edmunds, Consultant to OVC

Ashley Oliver Barrett, M.S.W.

Katia Garrett, J.D.

Judy Bonderman, J.D., M.P.H.

Sharon English, M.S.W.

Melanie Smith, M.P.A.

GiGi Corral, Administrative Assistant

Chad Bash, Editor

Laura Minning Simms, Production Manager

Jason Savitz, OVC Intern 

Claudia Vitale, OVC Intern 

B-1

Appendix B