Victim Rights

To navigate the justice system effectively, crime victims must know their rights when dealing with police, prosecutors, criminal defense attorneys, investigators, and civil attorneys. Massachusetts has many important protections for crime victims.

Victim Bill of Rights Right to Sue Victim Compensation Confidentiality Rape Shield Law Sex Offender Registry

Victim Bill of Rights

• Court Proceedings
• Financial Loss and Physical Harm
• Homicide Victim's Survivors

The existence of a Victim Bill of Rights in Massachusetts, General Laws chapter 258B, demonstrates the legislature’s intent to provide crime victims, witnesses, and family members of homicide victims a meaningful role in the criminal justice system, and access to services critical to their healing and recovery.

Crime victims and family members of homicide victims have certain rights. The prosecutor and victim witness advocate (employed by the prosecutor’s office) are largely responsible for providing the following rights required by law:

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   Court Proceedings:

• To be informed about the criminal process. The victim shall be given an explanation of how a case progresses through the criminal justice system, what the victim’s role is in the process, and notification about developments in the case.

• To be present at court proceedings. Victims are entitled to this right unless the defendant is expected to testify, in which case the judge may exclude the victim from the courtroom until the defendant's testimony is completed.

• To decline to speak with defense counsel or a defense investigator. While victims must comply with all valid subpoenas to testify, they may decide whether or not to agree to any out-of-court questioning by a defense attorney or defense investigator. If the victim decides to agree to an interview, s/he may impose reasonable conditions on the interview, including who will be present, the location of the interview, the subjects discussed, and whether the interview will be recorded.

• To advance notice of cancellations of court proceedings. Prompt notification of a cancellations of court proceedings requires that the victim provides the prosecutor with a current telephone number and address. This notice helps prevent unnecessary court appearances.

• To confer with the prosecutor. Victims have the right to confer with the prosecutor before the trial, before any hearing on motions to obtain confidential records of the victim, before a case is dismissed, and before the prosecutor recommends a sentence.

• To prompt disposition of the case. Unfortunately, cases typically take longer than the victim may like, due to limited court resources, scheduling conflicts, and complex pre-trial legal issues.

• To make an oral and written victim impact statement at sentencing or the disposition of the case against the defendant about the effects of the crime on the victim and as to a recommended sentence. The judge considers this victim input in determining a defendant’s sentence. The statement may also be submitted to the parole board, if the defendant is incarcerated, for inclusion in its records for future consideration of a defendant’s release on parole.

• To request restitution from the defendant, and to obtain assistance from the prosecutor in documenting losses. Restitution is typically ordered for tangible property losses, rather than for medical and counseling expenses, and emotional pain and suffering.

• To confer with the probation officer prior to the filing of the probation officer’s full pre-sentence report.

• To be informed by the prosecutor of the final disposition of the case. This includes an explanation of the sentence imposed by the court and a copy of the court order setting forth the conditions of probation, with the name and telephone number of the probation officer, if any, assigned to the defendant.

• To be informed about the defendant's parole eligibility and status. The victim witness advocate assists victims in filing the necessary paperwork with the Criminal History Systems Board to receive this information from the Parole Board.

• To be informed in advance whenever the defendant is released, or transferred, and notified if the defendant escapes from custody. The prosecutor shall inform the victim about notification rights and the certification process required to access the criminal offender record information files. To receive notification, victims must maintain a current address and telephone number with the criminal history systems board.

• To pursue a civil action for damages.

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   Financial Loss and Physical Harm:

• To confidentiality of work, home and school addresses. To protect victims’ and witnesses’ privacy and safety, the judge can order that the home, school and work address and telephone number of a victim, witness, or family member of a victim, not be made public.

• To a secure waiting area during court proceedings. While not all courthouses have specified secure waiting areas for victims, separate space is often provided by prosecutors and victim witness advocates to avoid unnecessary contact by the defendant and his/her family and friends before, during, and after a court proceeding.

• To be informed by the prosecutor about available protection from harm due to cooperation with law enforcement and prosecution. While 24-hour protection is not available from the police, victm witness advocates assist victims in developing a personalized safety plan.

• To be free from discharge or penalty by an employer because of service as a witness. An employer cannot fire or penalize a witness who notifies the employer, in advance, about a supboena to testify on behalf of the Commonwealth in a criminal prosecution.

• To referrals for financial assistance and other social services. Victim witness advocates discuss various crisis needs with victims and provide them with information about accessing such services.

• To employer and creditor intercession services. The prosecutor will seek an employer’s cooperation in minimizing loss of pay and other benefits resulting from an employee’s participation in a prosecution, and to seek consideration from creditors if the victim is temporarily unable to continue payments.

• To the return of personal property. Property shall be returned to the victim or witness as soon as possible when it is no longer needed for law enforcement or prosecution purposes. This may not be possible until the criminal case or appeal from a conviction is completed.

   Homicide Victims' Survivors Have the Right:

• To possess in the courtroom a photograph of the deceased victim.

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Right to Sue

In addition to a criminal prosecution, victims of crime may sue their attackers in civil court. Unlike a criminal prosecution, in which the goal is primarily to enforce the laws of society, the primary goal of a civil lawsuit is to help the victim recover from the harm inflicted. While no amount of money can truly compensate for the physical pain and emotional suffering caused by crime, money from a civil lawsuit can help victims rebuild their lives. Sometimes, in addition to the offender, a landlord, business or institution can be sued if their negligence contributed to the crime. Victims considering a civil suit should consult an attorney experienced in handling these types of claims to evaluate the case. For further information about civil lawsuits, click on Civil Lawsuits or for consultation with our victims’ rights attorneys, click on Case Consultation.

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Victim Compensation

Victims have the remedies of a civil lawsuit or a criminal prosecution available to them. In addition, Massachusetts also provides limited financial compensation to victims of violent crimes for out-of-pocket expenses sustained as a result of the crime including medical expenses, funeral expenses, counseling expenses, and lost wages. An attorney is not necessary and it is available even if the offender is never caught. It does not compensate for pain and suffering or emotional distress, or for property loss or damage. Victim Compensation is administered by the Attorney General’s Office, Victim Compensation Division (VCD), www.ago.state.ma.us (click on “Victim Services”). Applications may be obtained from a victim witness advocate or from the Office of the Attorney General by calling (617) 727-2200.

Eligibility The VCD must find that a crime was committed and the crime directly resulted in physical or psychological injury to, or death of, the victim. The crime must be reported to the police within five (5) days after the crime, unless the claimant can show good reason for the delay.
A claimant is eligible only if s/he cooperates in the investigation and prosecution of the crime, unless there is a reasonable excuse for failing to cooperate.

Compensable Expenses. The maximum award is twenty-five thousand ($25,000) dollars. Of that amount, up to four thousand ($4,000) dollars can be awarded for funeral expenses. Other compensable expenses are: hospital care not covered by insurance or any other source; physician, dental, ambulance, or other medically necessary services or equipment; mental health counseling for the victim and the dependents and family members of homicide victims; lost wages or homemaker services, and for dependents of homicide victims, loss of support.

Filing. The claim must be filed within three (3) years of the crime. Victims should consider filing a claim within the filing time frame even if they have no immediate expenses, in the event they incur expenses in the future.

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Confidentiality

Many victims of crime are concerned about confidentiality of their personal information. In Massachusetts, there are a number of protections against the disclosure of information about crime victims.

Name and Address Confidentiality

• Criminal Prosecutions. In a criminal prosecution, the judge can issue a protective order that will permit the prosecutor to keep the victim’s address private. In sexual assault prosecutions, the law prevents public and media access to the name of the victim.
  
  

• Civil Lawsuits. In a civil lawsuit, the plaintiff can seek permission from the court to shield her name and address from the public. Permission is most likely to be granted in cases of sexual assault or child abuse.
  
  

• Restraining Orders. The plaintiff in a restraining order may request that her residential and workplace address be kept confidential to all but her lawyer and anyone else she so designates.
  
  

Privileged Communications

• Mental Health Professionals. Generally, communications between victims and professionals such as licensed psychotherapists, licensed social workers, and domestic violence and sexual assault/rape counselors, are privileged, which protects them from disclosure.
  
  In criminal prosecutions, the professional with such a privilege may not testify about the conversations, and the records about those communications cannot be disclosed without the victim’s consent or a court order.
  
  In civil lawsuits, because crime victims prove damages by showing how the crime affected them, which includes emotional and psychological harm, they often must disclose otherwise confidential information. Civil attorneys should discuss these issues with the victim at the outset.

  
  

• Priest-penitent. A priest, rabbi or ordained or licensed minister of any church or an accredited Christian Science practitioner shall not be allowed to disclose a confession made to him in the course of seeking spiritual advice or comfort.
  

• Attorney-client. Communications between a client or prospective client and an attorney are privileged and not subject to disclosure.
  

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Rape Shield Law

The Massachusetts Rape Shield law, prevents offenders from discussing a sexual assault victim’s previous sexual history during a trial without the court’s permission. The offender may only introduce specific instances of prior sex acts of the victim if they involved the defendant, would explain a physical condition of the victim, or would demonstrate the victim’s bias against the defendant.

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Sex Offender Registry

Massachusetts maintains a registry of sex offenders. Anyone convicted of a sex offense must register with the sex offender registry.

Anyone may apply for sex offender registry information at no cost. The request must be made in writing and is usually made at the local police station. The request may either identify a specific individual or inquire whether any sex offenders live or work within the same city or town at a specific address or on a specific street.

If the search results in the identification of a “moderate risk” or “high risk” offender, the police will provide the offender’s name, work and home address. Police will also disclose the offense, the date of conviction, and a physical description including a photograph, if available.

Victims and their families should notify police if they have reason to believe that an offender has failed to register. Police may arrest offenders who fail to register without a warrant.

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