Victim Rights
Victim Notification and Victim Bill of Rights
It is the right of the victim of a crime to be informed about the progress of a case. The Victim Assistance Unit identifies and notifies victims when charges have been filed in all felony and misdemeanor cases in the adult and juvenile courts. Notification is done with an initial letter that is sent to the address on file for the victim. Additionally, a Victim Impact Statement and Restitution Request Form are included with the initial letter.
Victims are notified by mail of all subsequent hearings in their case. If there is a conviction or guilty plea from an adult defendant (s) or juvenile respondent (s) the Victim Assistance Unit works with the victim to ensure proper restitution is requested at the sentencing. Victims should notify the Victim Assistance Unit of any changes in address or telephone numbers to ensure notification in a timely manner.
Child Victim Rights
- To have all proceedings explained in language which can be easily understood by the child;
- To have, whenever practical, a secure waiting area provided for the child during court proceedings, and to have a support person stay with the child;
- To not have the name, address or photograph of the child victim disclosed to any agency outside the criminal justice system without the permission of the child or the child's guardian;
- To have an advocate make recommendations to the prosecuting attorney about the child's ability to cooperate with the prosecution and the potential effects of prosecution upon the child;
- To be provided information and referrals to agencies to assist the child and/or the child's family in dealing with the emotional impact of the crime and the legal proceedings;
- To have an advocate to be present in court to provide emotional support to the child during testimony;
- To inform the court as to the need to have other supportive persons present during the child's testimony;
- To allow law enforcement agencies to enlist the services of other professional personnel such as child protective services, victim advocates, or prosecutorial staff trained to interview child victims.
Victim Bill of Rights - Kansas Crime Victims Bill of Rights (K.S.A. 74-7333)
- Victims should be treated with courtesy, compassion and with respect for their dignity and privacy and should suffer the minimum of necessary inconvenience from their involvement with the criminal justice system.
- Victims should receive, through formal and informal procedures, prompt and fair redress for the harm which they suffered.
- Information regarding the availability of criminal restitution, recovery of damages in a civil cause of action, the crime victims compensation fund and other remedies and the mechanisms to obtain such remedies should be made available to victims.
- Information should be made available to victims about their participation in criminal proceedings and the scheduling, progress and ultimate disposition of proceedings.
- The views and concerns of victims should be ascertained and the appropriate assistance provided throughout the criminal process.
- When the personal interests of victims are affected, the views or concerns of the victim should, when appropriate and consistent with criminal law and procedure, be brought to the attention of the court.
- Measures may be taken when necessary to provide for the safety of victims and their families and to protect them from intimidation and retaliation.
- Enhanced training should be made available to sensitize criminal justice personnel to the needs and concerns of victims and guidelines should be developed for this purpose.
- Victims should be informed of the availability of health and social services and other relevant assistance that they might continue to receive the necessary medical, psychological and social assistance through existing programs and services.
- Victims should report the crime and cooperate with law enforcement authorities.