Victims' rights

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

United States

History

During the colonial and revolutionary periods, the United States criminal justice system was victim-centric, in that crimes were often investigated and prosecuted by individual victims. In the 19th and early 20th centuries, however, the role of the victim in criminal proceedings was reduced, owing to shifts in attitudes in the way crimes were perceived; the criminal justice system became seen as a tool to remedy social harms rather than an avenue to redress personal harm.

The modern crime victims' rights movement began in the 1970s, in part as a response to the 1973 U.S. Supreme Court decision Linda R.S. v. Richard D. (410 U.S. 614). In Linda R.S., the court ruled that the complainant did not have the legal standing to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment of child support. In dicta, the court articulated the then-prevailing view that a private crime victims have no jurisdiction in deciding the process of a criminal prosecution. This ruling served as a high-water mark in the shift away from the victim-centric approach to criminal justice, relegating the role of victims in the criminal trial to being evidence for the prosecution.

The Linda R.S. ruling, notwithstanding, stated that Congress could create legislation that safeguards victims' rights and provides standing to victims where they would otherwise not have any. At the same time, social consciousness about victims' rights surged. Supporters of the law and order, civil rights, and feminist movement challenged conventional views of the criminal justice system on the role of the victim. By providing educational resources and legal assistance and establishing the country's first hotlines and shelters for victims of crime, much of the movements' work later became the grassroots foundation of the modern victims' rights movement.

In 1982, President Ronald Reagan's Task Force on Victims of Crime released its final report which detailed the concerns of victims' rights advocates, stating that "innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds — personal, emotional, financial — have gone unattended". The report contained 68 recommendations for service providers and government officials, many of which are mandated through victims' rights legislation today, as well as a recommendation for a victims' rights amendment to the U.S. Constitution.

In the decades that followed, proponents of victims' rights experienced substantial legislative success. Today, the victims' rights movement continues to increase access to procedural mechanisms for victims to enforce their rights and promote legislation that guarantees those substantive rights. Modern victims' rights organizations include the National Alliance of Victims' Rights Attorneys, National Organization for Victim Assistance, and the National Center for Victims of Crime.

Victims' rights legislation

Since 1982, thirty-three states have amended their constitutions to address victims' rights, and all states have passed victims' rights legislation. That same year, Congress passed the first piece of federal crime victims' rights legislation, the Victim and Witness Protection Act. In 1984, the Victims of Crime Act was passed. A decade later, in 1994, the Violence Against Women Act became law. In 2004, the landmark Crime Victims' Rights Act was passed, granting crime victims eight specific rights, and providing standing for individual victims to assert those rights in court.

Federal law

Victims of Crime Act (VOCA)

VOCA established the Crime Victims Fund, which awards grants to crime victim compensation programs, victim notification systems, and victim assistance programs. The fund is financed by offender fees.

Crime Victims' Rights Act of 2004

The Crime Victims' Rights Act, part of the Justice for All Act of 2004, enumerates the rights afforded to victims in federal criminal cases. The Act grants victims the following rights:

1. Protection from the accused,
2. Notification,
3. Not to be excluded from proceedings,
4. Speaking at criminal justice proceedings,
5. Consultation with the prosecuting attorney,
6. Restitution,
7. Proceedings free from unreasonable delay,
8. Fair treatment, and respect for the victims' dignity and privacy

State law

All states have passed legislation that protects the rights of victims of crime, and most have passed constitutional amendments that afford protection to crime victims. Some state laws apply to only victims of felony offenses, while other states also extend rights to victims of less serious misdemeanor offenses. When a victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim.

Common state law protections include the rights to:

• Treatment with dignity and respect,
• Information about the prosecution, plea offers, court proceedings, and sentencing,
• Make a statement in court at the time of sentencing,
• Protection,
• Seek compensation from a state victim's rights fund,
• Restitution from the offender,
• Return of personal property, and
• Information about parole proceedings or release from incarceration, and to make a statement to the parole board,
• Enforcement of victim's rights.

Many prosecuting attorneys' offices have a victim's rights officer or multiple employees who assist victims of crime during and after a prosecution.

Europe

European Union

The Stockholm programme entitles all victims of gender-based violence, domestic violence, and terrorism to the same protections as victims of crime, as these kinds of victims are deemed to be particularly vulnerable and in need of special support and protection by the state, regardless of their nationality. The Victims of Crime Directive (Directive 2012/29/EU) recognised that there were concerns about freedom of movement in the EU and its impact on victims of crimes, and recommended the strengthening of victim rights as a remedy.

Austria

Austria has established protections for victims of crime that reside in the EEA area as well as Austrian citizens and permanent residents. Victim services include free access to legal advice and representation, counselling and monetary compensation for victims of criminal acts that result in at least six months imprisonment. The compensation is funded by fines imposed on convicted offenders, among other sources.

Although Austria is a signatory to the Victims of Crime Directive, it has not been wholly compliant. One breach of the directive is that the victims must largely communicate in English or German with officials, which may hinder the rights of victims without the help of a consulate. Another breach involves a number of benefits afforded only to Austrian citizens, including compensation if a citizen is a victim of crime even the injury is suffered in another country. Additionally, non-EEA nationals are not entitled to as much state support and must ordinarily instead rely on the donation-sponsored Weissering, which additionally takes on cases at discretion and after means testing.

Bulgaria

Bulgaria's attempts to protect and support the rights of victims of crime are generally considered superficial. Victims are entitled to participate in criminal trials as witnesses, private accusers or complainants, with assistance from legal counsel. Additionally, legislation provides for protection of vulnerable witnesses (e.g. children, victims of sexual offences) during witness examination and police questioning. A recent International Crime Victims Survey revealed that only 40% of victims in the nation are satisfied with the way police handled their matters.

A committee report on the Convention on the Elimination of all Forms of Discrimination Against Women highlighted a number of breaches of the Convention by the state, being critical of Bulgaria's failure to provide for adequate compensation for victims of sexual offences and reliance on gender stereotypes when drafting legislation. Bulgaria's rape laws have also been controversial in their treatment of victims. In M.C. v Bulgaria, the ECJ held that the decision not to prosecute the rape of a 14-year-old rape victim, under a law that prescribed that rapes would only be prosecuted where there was evidence of physical force and active resistance, breached her rights provided under Articles 3 and 8. The court had held that rape laws must apply to all forms of non-consensual sexual acts.

A recent committee of the Council of Europe Convention on Action against Trafficking in Human Beings found that no adult victims of human trafficking received any form of assistance from the Bulgarian Government.

Croatia

The rights of victims of crimes in Croatia have been improving steadily since Croatia became a candidate for the European Union in 2004. Croatia, in order to fulfil prerequisites for joining the EU, initiated changes in their criminal justice system in relation to the rights of victims. One change instigated by the government was in the form of the Department for Support to Witnesses and Other Participants in War Crimes Trials (2005). At a legislative level, the Criminal Procedure Act (2008) increased the rights of victims and recognised victims as a separate entity in court in addition to their role as a witness and injured party. These rights include the right to psychological support and to compensation. The Crime Victims Compensation Act (2008) allowed Croatian citizens to receive compensation if they experienced serious personal injury.

In 2015, Croatia's parliament adopted laws awarding victims of rape committed during the 1991–1995 Independence War compensation as well as free access to therapeutic, medical, and legal services.

Cyprus

Cyprus awards compensation to victims of violence that cases serious bodily harm or death under European Convention on the Compensation of Victims of Violent Crimes. However, the majority of foreigners are not entitled to this compensation.

Denmark

Victims' rights in Denmark are largely implemented through domestic legislation and not international law. Denmark is not a signatory to any of the European Union's directives on victims' rights, including Directive 2012/29/EU.

Notwithstanding, Denmark still maintains a relatively high standard for victims' rights through its domestic legislation, providing compensation for victims of crimes with serious injuries to all of its citizens as well as foreign citizens living in Denmark. Compensation is also given to dependents of homicide victims. Compensation awarded for medical expenses and loss of income is additionally unlimited. Danish police are required by law to accept any criminal report irrespective of the language used.

Other support services for victims of crime within Denmark include discretionary free legal aid for violent crimes and automatic free legal aid for victims of sexual assault. In addition, every victim has the right to an interpreter and free translation of legal documents. Victim support services are accessible to residents even where no crime has been reported and no criminal proceedings undertaken. Where mediation has occurred between an offender and the victim, with the offender apologising to and reconciling with the victim, the court may apply a lesser sentence for the sake of providing the victim empowerment and closure. Victims may also police decisions not to prosecute to a regional prosecutor, whose decision may be further appealed to the director of public prosecutions.

Estonia

In Estonia, only 43% of victims of serious crimes made a police report, with only 17% of complainants saying they were satisfied with the treatment by the police. In 2002, the NGO Estonian Crime Victim Support Society released a document that led a debate about legislation dealing with victim support issues. This ultimately cumulated in the Victim Support Act of 2003, which marked a shift in the Estonian criminal justice system from retributive justice to restorative justice. Consequently, the Estonian government began to place more emphasis on providing practical and material help for victims of crime. Nonetheless, state victim support only deals with certain types of offences, with many victims uncomfortable participating.

Victims of serious violent crimes, as well as their dependents, in Estonia are entitled to state compensation under the Victim Support Act. Such compensation has a cap and includes loss of income, damages due to death, funeral expenses, among other damages.

France

France is a signatory to the EU's Victims of Crime Directive and had until November 2015 to implement it. As of February 2016, it had failed to notify the EU what policies it had implemented.

Victims of crimes in France have the right to be involved in the trial and access legal counsel. They are also entitled to compensation, with police being obligated to inform victims of their right to compensation under the Framework Justice Act (2002). Police can also register compensation claims on behalf of victims so there is no need to go to court. A state fund for compensation for victims of violent crimes exists called The State Fund for the Victims of Crime. This is partly funded by funds from perpetrators.

The French Department of Justice partially funds the National Victim Support and Mediation Institute, which provides assistance to victims and advocates for victims' rights. The organisation has pushed for the French government to implement the directive, providing recommendations based on their assessment of victims' needs.

In 2012, France was found to have violated Article 4 of the European Convention of Human Rights due to its failure to provide an adequate framework to protect the rights of human trafficking victims. As of 2013, the French government was found to be in full compliance with the required minimum standards for the elimination of trafficking.

Germany

Justice proceedings in Germany take place under the Inquisitorial System of Justice, meaning that the judge has an active role within the investigation and trial process. In contrast to the Adversarial System of trial, it is possible to have more than two opposing parties in a criminal trial, as there is not such a large requirement of a balance between the prosecution and the rights of the defendant. Therefore, the German Code of Criminal Procedure 1987 (herein 'Criminal Code') gives victims a number of rights, including the right to participate in the trial; the right to appeal after the conclusion of the trial; and the right to seek compensation for their loss.

Links with the European Union

As a founding member of the European Union, Germany is required to sign and implement to EU's directive on Victims' Rights into their national laws by 16 November 2015. The EU requires that victims are recognised and treated with respect and dignity; protected from further victimisation/intimidation from the offender or within the criminal justice proceedings; receive appropriate support and have access to compensation. Germany's Criminal Code has not been amended since April 2014, therefore nothing has been further implicated. However it is clear that Germany's Criminal Code already satisfies the EU requirements through their extensive rights and protections of the victim, entrenched within their Criminal Code.

Legal representative for victims in the trial

Unlike many other jurisdictions, Part Five of the Criminal Code allows victims of crime to participate in the criminal proceedings against the accused. For victims of personal offences such as defamation; bodily injury; and property damage, victims are automatically entitled to engage a Private Accessory Prosecutor ('PAP') who will represent their interests at trial. For victims of crime not mentioned in s 374 of the Criminal Code, permission can be sought from the Public Prosecution Office ('PPO').

The Criminal Code rules that the status of the PAP is that of the PPO in the preferred public charge, meaning they are able to participate to the same extent and be heard in the proceedings on the private charges. Furthermore, the PAP is entitled to a period of one week between summons and the main hearing and holds the right to inspect the files through an attorney.

Furthermore, should victim's not be eligible for PAP or choose not to do so, they have the right to engage a legal representative as a witness to uphold their interests when, for example, they are being questions as a witness at the main trial.

Victims' opportunity to appeal the judgment

PAP in principle, are entitled to appeal a judgement on grounds of fact and law only. However, an appeal by a PAP will be rejected should it be solely on account of leniency of the sentence.

Part three in the Criminal Code addresses appellate remedies and states that an appeal on fact and law needs to be filed with the court of first instance either orally to be recorded by the registry or in writing within one week after pronouncement of the judgment.

A PAP may withdraw at any stage throughout the proceedings but needs to consented by the defendant after the commencement of their examination of the main hearing. The PAP would be deemed to have withdrawn charges, if an appeal on the fact and law was filed by them, this would immediately be dismissed. Once the PAP withdraws, it may not be brought back a second time. However, it is important to note that the PAP may demand restoration of the 'status quo ante' (previously existing state of affairs) within one week after the default subject to the conditions specified in sections 44 and 45.

Victims' compensation

Germany has a compensation program for victims of violent or personal crimes. A police report needs to be filed within a year in order to be eligible for compensation. According to the Crimes Victims Compensation Act (1985), all European Union citizens from foreign member states are also eligible for financial compensation. This covers special compensatory damages (out of pocket expenses), such as loss of earnings and medical expenses. However, it does not cover general damages which are non-monetary for example, mental anguish, pain and suffering.

Greece

In Greece, you are considered a victim if you have suffered damage (either personal injury or harm to/loss of property) as a result of an incident that constitutes a crime under national law. The motivation behind the Directive 2012/29/EU, effectively setting a minimum standard for victims rights, is illustrated by the case of Robbie Hughes in 2008, a victim of a serious attack in Greece who was left with no support or advice. The EU Member States (except Denmark) were required to implement the Directive into national law by 16 November 2015. However, Greece is one of the 16 countries facing infringement proceedings for the non-communication of the Directive.

In Greece, victims of crime enjoy rights before, during and after the trial process. In certain circumstances, such cases where the victim is a minor or has suffered sexual abuse, victims are afforded additional rights, support and protection. There is no discrimination by support services against foreigners. Foreign victims are entitled to an interpreter when testifying to the police.

However, Greece has been criticised for its lack of upholding minority victims rights and its failure in remedying human rights in cases of hate crime. In order to file a complaint, the current law requires the payment of a fee, dissuading victims of hate crime from reporting offences. This deficiency is exacerbated by the lack of protection for undocumented migrants experiencing hate crime. Demonstrating the limited victim status of migrants and minority groups members is the inadequacy of support where such groups are victims of police abuse. Greece has been condemned by the European Court of Human Rights 11 times for the misuse of weapons by police and the subsequent absence of effective investigations. Migrants or members of minority groups were victims in ten of these incidents.

Compensation for victims of intentional crimes of violence in Greece

For victims of domestic violence and other intentional crimes such as child abuse, if the offender lacks the means to provide compensation for their crime(s), or if the offender remains anonymous, the state of Greece, under the Compensation Directive 2004/80/EC is obliged to provide compensation to victims of intentional crimes of violence. The compensation provided by the perpetrator or the state of Greece must cover financial losses associated with physical damage resulting from the violent crime, this includes medical fees, loss of income and funeral costs. However, psychological damage and trauma resulting from the crime are not compensated. Victims of crime in Greece have five days to report the crime; if the crime is not reported in this timeframe, victims are not eligible for compensation. An application form is required for processing compensation claims, and this is to be completed in Greek. The Hellenic Compensation Authority processes claims for compensation.

Support services available to victims of crimes in Greece

There are a number of services available to victims of crime in Greece. These include: EKKA –domestic violence and racist attacks Association for Minors' Protection, NGOs: Hamogelo tou Paidiou, Arsis– social service for children

Hungary

In Hungary there is a general lack of understanding in how to combat and prevent domestic violence. This often stems from cultural ideas about women in Hungarian society and the idea that some amount of violence is inevitable. Until new legislation was introduced in 2013, Domestic Violence was not categorized as a separate offence from other assaults. This means that victims of domestic violence in Hungary were accosted the same rights as victims from a range of circumstances. According to Human Rights Watch, "authorities [often] told victims that extreme physical violence...should be considered light, and not sufficiently serious to trigger an investigation". However, in other cases when women reported the abuse to the police, the alleged offenders were taken into custody but, quite often released instantaneously without being taken to court. This highlights a lack of support from the police and the courts in combating domestic violence. In many instances, it is the responsibility of the victim, not the prosecution or the police to start a course of legal action which hinders effective remedies of domestic violence. In the ECtHR case Kalucza vs. Hungary 2012, the applicant complained that the Hungarian authorities had failed to protect her abuse from her husband in her home. The ECtHR concluded that Article 8 (right to respect for private life and family life) had been abused by Hungarian authorities. After the changes in 2013 however, harsher penalties were introduced for perpetrators of domestic violence. At this time as well, the onus was placed upon the prosecution and not the victim to pursue legal action. This increased the rights of the victims within Hungary in relation to domestic abuse. In spite of these changes however, an instance of domestic violence will only be considered if there have been two separate instances of abuse. Furthermore, the amendments only protected partners who were living together and neglected to protect those who were not living in the same residence. The new legislation is also lacking in a plan of a National level that could effectively combat domestic violence as an issue. Procedures have been put in place to help police respond to instances of domestic violence however, no such guidelines exist for judges, prosecutors, social workers and healthcare workers. Ultimately the provisions are not strong enough to deal with the issue sufficiently they are also not accepted and applied. Hungary also did not sign up to the Istanbul Convention, a practical convention aimed at combating domestic violence. It concluded that countries should "establish hotlines, shelters, medical and foreign services, counselling and legal aid" in order to protect abused women.

Ireland

Following the introduction of the directive on victims rights by the EU in 2012.(reference the directive) It is particularly relevant to examine the avenues available to victims in terms of compensation and legal aid, and avenues for retribution.

Compensation

There are a number of ways to claim compensation as a victim of crime, be it through a court order dictating that an offender must pay compensation to you. If you are injured as a result of a crime, you can seek to claim compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted. This would be funded through the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. To seek compensation for an injury inflicted in another EU state you need to contact the compensation tribunal to gain information around how to claim compensation from the member state in question. There is no time limit to making a claim if the injury inflicted resulted in the death of a victim. if this did not occur, claims must be made within 3 months.

Eligibility for compensation

Compensation will be provided to victims, or in the event of a fatality, the immediate family of the victim. The scheme of compensation is available to you if you were injured as a result of violent crime or if you were injured in assisting another victim of crime or whilst attempting to save a life. You do not need legal representation to apply for compensation and then tribunal is not obliged to cover any legal costs. No compensation will be given to you in the event you were living with the perpetrator at the time of the attack, meaning this is not available to victims of domestic violence. In addition, the compensation scheme does not exist to provide retribution for pain and suffering, but instead to cover out of pocket expenses and medical bills. Compensation is means tested and may vary depending on welfare payments, salary, and sick leave. The tribunal also considers your character and way of life when deciding compensation level. If you are found to have provoked the injury, compensation is unlikely to be provided.

How to apply for compensation

There are a number of ways to claim compensation as a victim of crime, be it through a court order dictating that an offender must pay compensation to you. If you are injured as a result of a crime, you can seek to claim compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted. This would be funded through the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. To seek compensation for an injury inflicted in another EU state you need to contact the compensation tribunal to gain information around how to claim compensation from the member state in question. There is no time limit to making a claim if the injury inflicted resulted in the death of a victim. If this did not occur, claims must be made within 3 months- to make a claim for compensation a police report must have been completed.

Avenues for seeking assistance as a victim of crime

• Ireland Human Rights Advocates
• Ireland Irish Council for Civil Liberties: Ireland (Consortium Leader and Western European Cluster) Irish Council for Civil Liberties (ICCL) (1976), headquarters in Dublin, ICCL is Ireland's independent human rights watchdog, which monitors, educates and campaigns around the protection and promotion of human rights in Ireland. ICCL is the lead partner in JUSTICIA
• Victims Rights Alliance: The victims rights alliance is a group of victims rights and human rights organisations in Ireland. They are largely responsible for victim's rights being upheld and enforced.
• Know Your Rights
• Victims Directive of the European Union: Guidelines for those who have been impacted by crime. Outline of the rights of victims and possible strategies and how to make complaints. (Note: As of February 2016, Ireland has failed to publish the Victims of Crime Bill [reference: Victims Rights Alliance]).
• Crime Victims Helpline: Understand what your rights are and how they are protected, how to cope with the effects of crime as well as support agencies and information about the Criminal Justice System.

Italy

Victims rights are outlined by the Code of Penal Procedure which details that during the prosecution and sentencing stages, victims have the right to be informed of judicial proceeding developments and can produce evidence at any stage of the trial. Victims also have the right to oppose the Judge for the Preliminary Investigation's request for dismissal of the case and to protect their rights by having a defending counsel if necessary.

Article 90 of the Code of Penal Procedure states that victims are allowed to present written memories and statements at any stage of the judicial process that indicate evidence. Furthermore, section 3 of Article 90 states that if a victim has died as a result of the crime then the power of rights as states by law are able to be exercised by close relatives of the victim.

Victims are able to access assistance agencies, which have the primary objective of providing adequate compensation. The amount and source of compensation is determined by the nature and severity of the crime. For instance, victims of organized crime and terrorism are entitled to up to 100,000 US dollars from the State while victims that have experienced property or medical damage will be compensated by their offenders. Additionally, a victim with special needs may be granted of free legal aid and will be compensated by both private donations and a proportion of the pay received by convicted working prisoners from the Department of Prisons. The victims' assistance agencies also provide the option to accompany the victim at trial with their consent.

Child victims

One of the most vulnerable victim groups in Italy is children under the age of 16. Some of the most prevalent challenges faced by children in Italy include child labor, forced participation in organized crime and also becoming refugees after fleeing their own nation. Although young victims have rights explicitly stated in the Italian Penal Code, the Italian criminal justice system lacks ongoing supportive resources to protect the rights of children.

The European Commission has outlined the rights of the victims and states that all victims will be individually assessed to identify vulnerability. Young victims are always presumed vulnerable and particular attention is paid to categories such as victims of terrorism, organized crime, human trafficking, gender-based violence, victims with disabilities, sexual violence and exploitation. Furthermore, according to the United Nations Office on Drugs and Crime and article 609 decies of the Italian Penal Code, a child victim of sexual exploitation is to be assisted throughout the entire proceedings.

Article 498 of the Italian Code of Penal Procedure states that the investigatory examination of a child in a court of law must be undertaken by the President of questions and is also assisted by a family member or child psychologist.

Malta

Following a report commissioned by former justice minister Chris Said lamenting the poor state in which victims were treated, Malta introduced the Victims of Crime Act (2015) on the 2nd of April of that year. The report emphasised the need to increase the amount of resources for the legal aid office and said that victims should be able to receive benefits from the service. The new Act provides free legal aid to victims of crime, where this was only open to the accused prior to its assent.

According to Dr Roberta Lepre, director of Victim Support Malta, there are three primary focuses in the legislation: information, support, and protection. In terms of information, victims now have the right to easily access to clear information about the relevant procedures, what support services are available, how to access legal aid services, how to access compensation, and whether they are entitled to translation services. Victims also now have the right to receive acknowledgement of a complaint, outlining the basic elements of the crime concerned as well as ongoing information about his or her case. Further, if police do not arraign suspect, the victim has right to be informed of the decision in writing.

When it comes to support, victims now have the right to free use of support services following a needs and risk assessment. Support services also include information on how to receive information on prevention of further risk of victimisation, and access to counselling for emotional or psychological damage. Competent authorities are also obliged to inform victims of ways in which they can be protected, such as seeking a protection order.

The legislation is primarily aimed at allowing victims a greater voice, and potentially working towards reconciliation between victim and offender by decreasing the hardship of the former. For the purposes of the Act, a victim is one who has suffered "physical, mental or emotional harm or economic loss which was directly caused by a criminal offence". This also applies to family members of those who have died as a direct result of a crime. Such broad provisions allow for the benefits to be accessed by many people. It is too early to say, however, whether the new legislation has been implemented effectively.

Lithuania

Lithuania has several national mechanisms relating to the rights and support for victims of crime. The Ministry of Justice, Ministry of Foreign Affairs, and the Police Department of the Ministry of the Interior each provide legal aid and set up measures of protection for victims of crime.

As of 1996, the Parliament of Lithuania has adopted a law providing for the protection of parties in relation to criminal offences, which can be extended towards victims of crime and their families against further victimization. As per methods of victim compensation, additional provisions such as Article 107 allows for voluntary compensation for victims of crime. If this has not occurred, Article 110 stipulates that the victim can charge the offender with a civil suit, be it of a direct or indirect consequence. Further, if the offender is not able to provide compensation for the victim, Article 118 contends that the state will provide compensation in advance.

In addition to these rights provided to victims of crime, there are many NGO's operating within Lithuania to provide facilities and support for victims. These include the 'Crime Victim Care Association of Lithuania'. Cartias Lithuania, Missing Person's Support Centre, Klaipeda Social and Psychological Support Centre, Child House and the International Organization for Migration – Vilnius Office.

Studies have been conducted into the physical and psychological state and needs of victims post criminalization, especially that of victims of trafficking. These studies greatly assist NGO's understanding and assisting victims of crime providing greater relief during the criminal trial process, incarceration system and return to everyday life.

Latvia

Latvia does not have a comprehensive victim support system, nor is there a single policy that suggests that the development of such a system would be seen as a priority in the near future. Despite this, the criminal procedure law of Latvia includes a specific chapter dedicated to victims. This chapter outlines the procedural rights and obligations of victims.

In Latvia, in order to be recognized as a victim under the criminal procedure law four steps must be undertaken. Firstly, a criminal procedure must be initiated. Secondly, there must be information that suggests as the result of the offence the person was harmed. Thirdly, the person who experienced the harm must agree to become a victim within the criminal proceedings. Fourthly and finally, the person in charge of the criminal proceedings must recognise that the person is a victim. Once these four steps take place, and the person is established as a victim, the victim gains victim rights.

Victims of crime in Latvia have access to legal aid. Legal aid is often unaffordable to victims however, as although expenses for legal assistance be reimbursed from the offender, the victim has to pay the costs upfront at the time.

State compensation, for moral injury, physical suffering or financial loss, is available to victims of certain types of crimes. This includes in cases of intentional criminal offences, if the offence resulted in death, if the offence resulted in severe bodily injuries or if the perpetrator of the offence was not identified and thus has not been held criminally liable. The maximum amount of compensation is give minimal monthly wages and the amount awarded depends on the severity of the crime. In the case of the crime causing the victim's death, 100% of compensation shall be awarded.

Human trafficking

Latvia is a Tier 2 source and destination country persons trafficked for sexual exploitation and forced labour. To safeguard the rights of victims of trafficking, the government of Latvia has increased the accessibility of government funded protections, such as offering victims of trafficking temporary residency in exchange for participating in the judicial process against human traffickers. During this period of investigation, qualifying victims are offered government aid, which is 70% of the maximum amount of state compensation. Victims who do not meet the qualifying criteria are referred to non-governmental organisations for aid. Furthermore, victims who may have directly or indirectly participated in unlawful activity as a result of their trafficking can avoid prosecution. Intersecting with social services and assistance laws, the Latvian government also ensures the social rehabilitation of the victims of human trafficking. The Government of Latvia has also established an "anti-trafficking action plan" for 2014–2020 to strengthen the rights of victims of trafficking, and to increase awareness of the crime.

Luxembourg

Luxembourg has a well-developed program of victim support services through the state run Victim Support Service (part of the Ministry of Justice). It is one of only five Member States where the Ministry of Justice is solely responsible for the distribution of these services. Victims' rights are also actively enforced during the different stages of the criminal justice process, including: during the investigation of a crime, during a trial and after a trial. The state also coordinates with non-profit organisations, including through the provision of financial support, in order to assist in the development of legal reforms and to better coordinate at a grass roots level. For example, one such organisation, Women in Distress, works to provide women, their children and young girls with effective protection against violence by way of refuges and information and consultation centres. Through this process, Luxembourg has become one of only nine Member States to fulfil the Council of Europe's recommendation of one counselling centre per 50,000 women.

Victims of crime can report the crime to the police or directly to the public prosecutor. Reports must be submitted in one of Luxembourg's official languages: Luxembourgish, French and German. An interpreter is available for free of charge for people who do not speak these languages. Statutory limitation periods for reporting apply. Victims are able to be directly involved in the process by acting as witnesses and providing testimony. Interpreters are free of charge and the victims are entitled to be represented by lawyers. Police must undergo a mandatory course on victimology which is partly run by the 'Service d'aide aux victims' (SAV). Police are obligated to inform victims of their rights to:

(i) receive assistance from VSS; (ii) compensation for damages; (iii) receive legal aid (available on the fulfilment of certain conditions); and (iv) to be fully informed about the status of their proceedings. If the case does not proceed to court, reasons for this outcome must be provided in order to help the victim decide whether to appeal this decision.

Compensation

In the interest of justice, Luxembourg offers compensation for victims who have suffered physical injuries from crime. Compensation is only paid out in instances were victims were unable to obtain adequate compensation from insurance, social security or from the offender. In 2012, over 405,000 Euro was paid out in compensation. This exceeded the budgeted amount of 350,000. A request for compensation has to be initiated within two years of an offence occurring and is addressed to the Ministry of justice. A commission formed by a magistrate, senior civil servant of the Minister of Justice and a lawyer will then meet within an applicant to assess if an application is successful. The maximum amount that could be awarded as of 2009 was 63.000 Euros. By way of appeal, legal action against the State can be brought before the 'tribunal d'arrondissement' of Luxembourg or Diekirch.

Directive 2012/29/EU

Directive 2012/29/EU seeks to ensure that all victims of crime have better rights, support and protection throughout all of Europe. Member states, including Luxembourg, were required to implement the terms of the Directive into national legislation by 16 November 2015. However, almost 60% of these have failed to comply with the requirement to communicate the legislative texts which transpose the Directive to the commission. As Luxembourg is one of these states, it now has an infringement case open against it.

Hotlines

The government of Luxembourg has implemented two telephone hotlines to assist victims of crime. The first, which assists victims in general, can be reached at +352 475 821-628/627. The second, directed specifically at youth and children, can be reached at + 352 12345. Further support is available online.

Netherlands

Criminal Justice in Netherlands has seen an era of reform with a greater focus placed on the rights of victims of crime. In 1987, a new victim-orientated reform was put in place in which victim's interested were to be taken into account during all processes of the criminal justice system. The reform of criminal law in the eyes of victims brought forth regulations in favor of victims' rights. Various procedural elements allow for victim compensation and institutional obligation to protect victim rights through policing, criminal proceedings and victim rehabilitation.

In practice, all official institutions are subject to monitoring by the National Ombudsman. If victims of crime feel they have been unjustly treated and victim-related rules were not correctly protected, they are able to raise a complaint with the Ombudsman. In light of this, Netherlands enforces levels of state compensation, which offers a 'one-off' payment, and has been institutionalized since 1974.

For further victim support, various NGO's operate within Netherlands on a local level and care for victims of crimes through providing emotional support, practical advice and judicial advice. An example of this support is seen within the nationwide agency Slachtofferhulp is partly funded by the government and gives aid to victims in specific groups and to victims of crime in general.

Poland

Domestic violence rates are very high in Poland, due to a number of factors. After surveying Polish women, it was found that as many as one in six women, from a variety of backgrounds and age groups, were victims of domestic violence. The Polish criminal justice system fails to effectively assist these victims and does not take their cases seriously. Unfortunately many perpetrators only receive suspended sentences and their female partners are often financially dependent on them and must continue to live with them. Furthermore, the authorities mistrust women who report domestic violence. Poland fails to meet its obligations under international human rights law, in relation to the rights of domestic violence victims.

In order to improve the rights of domestic violence victims in Poland, the Blue Card program was introduced as a way of standardising police interaction with those that involved in cases of domestic violence, including the family of the victim. This program enables persons who have alleged to be victims of domestic violence (DV) to gain access to services in counseling, support and reparations. Anonymous or suspicion of DV is enough for issuance of a "Blue Card – B". A Blue Card – B consists of a brochure detailing further actions against violence, help and support centre's near by, and is applicable to the whole of Poland. The efficiency of support centres indicates a positive increase in individuals attending victim support centre's, it however does not indicate a decrease in DV occurrence. In 2000 the Ministry of Justice in Poland sparked the notion of "Victim Support Week", connected to the International day of Victims of Crime These proactive measures are not legally regulated however do show promise in moving the Polish Nation forward to support those effected by domestic violence.

General victim support centres have extended ranges since 2012 following the implementation of tasks in article 11 of the Ministry of justice Directive. Such implementation includes covering costs of heath services, medical products, secondary or vocational education, temporary accommodation and other facilities. Weak aspects still include; uneven support on a national basis in provinces that are further reaching, non-uniform project development and insufficient numbers for providing assistance, both legally and psychologically. Strong aspects however must be acknowledged, including the establishment of networks with communicative and mutual support, as well as assistance fund establishments and legal compensation.

Portugal

In Portugal, victims of crime (both tourists and national citizens) have 6 immediate rights; The Right to Information, The Right to Receive a Statement of the Complaint, The Right to Translation, The Right to Compensation for Participation in the Process and to the Reimbursement of Expenses, The Right to Compensation from the Perpetrator of the Crime, and The Right to Compensation from the Portuguese State.

A 'victim of crime' is defined as; having "suffered damage, as a result of an incident which constitutes a crime according to national law". During legal proceedings, a victim in Portugal can assume two roles: as an assistant, where they cooperate with the Public Prosecutor in the proceedings, or as a civil party, where they act only to provide evidence to support the claim for damages

The Portuguese Government offers several avenues of help and support for victims of crime such as; the National Commission for Protection of Children and Young People at Risk, Directorate General of Social Affairs, The Portuguese Association for Victim Support, the Commission for Equality and Against Racial Discrimination, and Open Window – Support to Victims of Domestic Violence.

Slovakia

Slovakia is a nation where various targeted groups, particularly young women, as well as men, the disabled, the uneducated and the unemployed are commonly susceptible to the likes of fabricated international job prospects; and in turn increase their likelihood of becoming a victim of the human trafficking trade. Many Slovakian's end up being deported to highly active trafficking countries; such as, 'Germany, Austria, the UK, Ireland, Switzerland and Poland'. Slovakia is a prominent country which specifically has victims from Bulgaria, Romania, Vietnam, Ukraine and Moldova. People from these countries are then transported against their own will, compelled into sexual activity and prostitution.

The Government of the Slovak Republic undertook numerous steps to tackle the fight against human trafficking. In 2005 an Action Plan was initiated to undertake steps to 'control and coordinate' the activity of the slave trade. This Action was further improved with the implementation of the 2011 'National Program to Combat Trafficking in Human Beings for the years 2011–2014'. Improvements regarded achieving an effective solution to combat human trafficking. Additionally, emphasis surrounded ensuring adequate support and care for subjected victims. This includes victims receiving 'comprehensive care' and prepare them for their return to their home country.

Slovenia

Slovenia currently has a very low crime rate (30.75 and 7.32 rapes per million people, as of 2010).

Slovenia has regulated the rights of victims of crime during legal proceedings in the Criminal Procedure Act. Before this act was introduced, victims of crime were still entitled to compensation under civil law. In 2005, the Witness Protection Act, the Crime Victims Compensation Act, and the Resolution for Preventing and Combating Crime came into effect. The Resolution focuses particularly on protecting human rights and fundamental freedoms, in terms of victims of crime. Slovenia's definition of victims includes immediate families of the injured party.

Victims are entitled to: Be heard during proceedings, to give evidence, to pose questions to witnesses and experts involved, to be acquainted with all rights and for the injured party, a right to inspect material evidence supplied. They are also entitled to a translator to avoid language difficulties. Slovene is the national language, but Italian and Hungarian are also spoken in certain regions of Slovenia. To claim compensation either through the criminal proceedings, or through civil suit if necessary to avoid delays.

In certain criminal offences, such as sexual abuse or mistreatment and neglect of minors or trafficking in human beings, the minor-injured party is required to have a specific authority to look after their rights, and certain stipulations apply to the investigation procedures, such as preventing the offender from being in the courtroom at the same time as the minor-offender during the proceedings.

Witness protection: If during criminal proceedings, the physical safety of the victim and/or their immediate families is in danger, they are entitled to the greatest amount of protection possible in pre-trial, during and after the procedure is completed. Within the Slovenian Police, the Endangered Persons Protection Unit specifically oversees the protection of witnesses under the Witness Protection Act. The Unit is also encouraged to engage with non-governmental organizations if necessary in order to provide appropriate psychological and legal assistance to the protected persons, separate from other forms of compensation they may receive. The Unit also allows for alternate measures during proceedings, for example providing evidence via video conference. These are set out in the Official Gazette of the Republic of Slovenia, as is the Code of Obligation which specifically concerns the rights of victims of terrorist violence in Slovenia.

Code of Obligation regarding victims of terrorist violence: If terrorist violence occurs, the Code of Obligation states that the state, or the person who should have prevented the harm (depending on whether there was a statewide or individual failure), is responsible for redressing the harms to the victims, and liable for damages. Liability will still apply regardless of whether the person or state who should have prevented the violence, did everything they could to prevent it. These rules also apply to acts of violence that occur during public demonstrations or gatherings.

For victims of crime in Slovenia, there are several websites dedicated to assisting victims understand the process for receiving compensation such as the European Judicial Network (soon to updated to the European e-Justice Portal). Here the process is clearly outlined including conditions for applying for compensation, legal assistance available and the form and amount of evidence required. Of particular concern to Slovenia's government is the protection of women's rights. In place to protect women's right under Slovenian Law are Article 14 of the Constitution of Slovenia which, "guarantees everyone equal human rights and fundamental freedoms" and "equality before the law" as well as article 53 which states, "marriage is based on the equality of both spouses" and "the state shall protect the family", article 141 of the Criminal Code "Violation of Right to Equality", as well as the 2002 Act on Equal Opportunities for Women and Men which imposes punishments on all people, especially an official who can be imprisoned for up to three years for discrimination. The Slovenian government has also established an Office for Equal Opportunities to manage Acts related to equal opportunities and engage in activities which focus on areas such as the inclusion of women political and violence against women.

Spain

Victims of crime in Spain have a number of avenues available to them to seek legal compensation or aid for the damages they have suffered. The Ministry of Justice is the state body who is in charge of awarding compensation to victims. It also is responsible for state legal aid, and has a separate department for protection of victims of terrorism-related crimes.

Beyond the Ministry of Justice, there are organisations such as the Office of Crime Victims Assistance Barcelona, the Association of Terrorism Victims, the 11-M Association of Victims of Terrorism and the National Association of Victims of Violent Crime (which provides psychological assistance and specialises in aiding victims of domestic violence). These associations are all able to assist with legal aid and providing general information to people affected by crime about their rights.

If you are a foreign citizen who is a victim of crime in Spain, you should contact your country's embassy or consulate as soon as possible.

Legal process

In a criminal trial in Spain, the victim can choose to participate in the trial either as a witness, or as a 'private prosecutor' ('acusación particular') which grants them additional rights and responsibilities, and makes them an official party to the trial.

If you wish to claim compensation in Spain, you must submit an application form to the Ministry of Finance, and a separate 'petition for assistance' must be filed with the Ministry of Economy and Finance. There will then be a hearing, and the state attorney will submit a report for consideration. During the hearing, the victim must prove they were legally in Spain at the time of the crime. If you are a foreign citizen and you wish to apply for compensation, then you must provide evidence during the hearing of situations where your home country has provided compensation similarly for Spanish citizens – this is referred to as 'proof of reciprocity'.

Compensation

Compensation will only be awarded after the criminal trial is concluded and the offender is found guilty. In exceptional circumstances, a victim or the family members of a victim may claim emergency compensation before the conclusion of the trial, if their 'precarious' situation can be validated by the relevant authority. Spanish law does not provide a maximum amount of compensation that can be awarded, but determines a maximum amount for the individual based on different factors. The amount of compensation a victim or their beneficiaries is entitled to is determined based on the minimum monthly salary of the victim, and the negative mental and physical effects the victim suffers as a direct result of the crime. The financial situation of the victim, the number of people dependant on the victim, and the cost of therapy and psychological healthcare are all considered when deciding how much compensation is awarded. Compensation can be awarded to cover medical expenses, mental health expenses, lost wages for disabled victims, lost wages for dependants of homicide victims, and funeral and burial expenses. The compensation amount is paid by the offender, and if they are unable to pay then the Spanish government will cover the amount – however if the victim's losses are covered by insurance (i.e. in circumstances of theft) then they are not eligible for compensation.

Directive on victims' rights

According to the European directive on victims' rights, Spain is showing compliance with the directives. However, information for victims of crime for citizens and non citizens can be quite strenuous to find due to specialised websites for each organisation. In comparison, the UK have implemented one simple to use website for victims of crime which makes information for victims rights far more accessible. A similar system could better help victims of crime in Spain with creating awareness of their rights.

Sweden

Various laws addressing victim's crimes were enacted from the mid-1980s onward in Sweden. In 1988 alone, Sweden ratified the European Convention on the compensation of victims of violent crimes and passing the Act on Visiting Bans Act on Counsel for Injured Party in 1988. Crime victims may be represented y a legal advisor throughout the legal process under the provisions of the latter Act. Under the 1994 Government Bill "Crime Victims in Focus" various provisions were designed to improve for crime victims. For example, The Crime Victim Fund established together with the Crime Victim Compensation and Support Authority allows the assessment of state compensation and provide economic support for research, education and information on crime victims, financed through a few imposed in everyone convicted of a crime punishable by imprisonment.

Crime victims became a separate area of responsibility for Swedish social services in 2001 through the Social Service Act. Despite not actually strengthening crime victims' rights not increase costs at the time, it served as a normative reorientation of the Social Services Act towards a holistic view and right to assistance according to need.

Victim–offender mediation

Swedish multiplicities are obliged to offer mediation, based on restorative justice principles, to offenders under 21 years old. Simultaneously, offenders are offered the chance to deeply apologise for their actions and redeem themselves. The expectation is that mediation has the potential to substantially reduce cases of recidivism.

The mediation system in Sweden evolved independently from any political decision-making procedure in the second half of the 1980s. In 1998, the role of mediation in the justice system for young offenders was analysed by the Commission on Mediation which then founded their policy recommendations for legislative reforms on these evaluation studies in 2000. Mediation was formally acknowledged in 2002 by the Mediation Act (Swedish Code of Statutes, 2002:445), where the aim of mediation is explained in Section 3 as:

Mediation happens for the interests of both sides. The goal is to reduce the negative effects of the crime committed. Mediation aims to help to increase insight for the offender of the consequences of the offence. At the same time, opportunities are given to the victims to process and finally in a comprehensive way integrate the painful experience. The act offers the chance for victims to express their emotional needs and have them addressed in an attempt to prevent recurrent symptoms of anxiety, self-image distortions and loss of self-esteem and self-confidence as the result of being victimised.

Mediation is one of several procedural operations available to a prosecutor, and sentencing an offender to mediation may be seen as a lenient sentence where the offender benefits. Another criticism is that mediation will further violate the victim's integrity and well-being.

Romania

Human trafficking

Human trafficking in Romania is a prominent issue. The country is used as a 'source, transit and destination country for men, women and children subject to labor trafficking and women and children subject to sex trafficking', meaning that various victims in different stages of trafficking are either poached from, exploited or transferred to Romanian soil. Promisingly, the numbers have been to decreasing in recent years ( in 2005 there were 2551 recorded victims of human trafficking, in 2009 there were 780) perhaps due to mechanisms such as the National Agency for Preventing Trafficking in Persons and for monitoring the Assistance Granted to Victims of Trafficking in Persons Agency, legal implementations such as Law 678/2001 (combating trafficking in persons); G.D 299/2003 (standard rules for application of Law 678); law 211/2004 (protection of victims) and G.D 1654/2006 to approve the National Strategy against Trafficking to approve the National Strategy against Trafficking in Persons in persons 2006–2010). Romania also prescribed to international legal mechanisms such as the UN Convention against Transnational Organized Crime and Council of Europe Convention on Action against trafficking Human Beings, showing that is making a conscious effort to eradicate human trafficking within the state. These mechanisms show that Romania is taking active steps towards ensuring that all individuals can live a life free from exploitation.

Violent crimes

Between the years of 2004–2011, 800 people were killed as a result of crimes involving domestic violence

Psychological counselling is provided to victims of attempted homicide, murder, hitting and other violent criminal offences. Counselling is provided free of charge for up to 3 months, and 6 months for victims under the age of 18. Other forms of assistance by not governmental organisations, independent or in partnership, can also be provided by way of referral.

Upon application, free legal aid is provided to several categories of victims. Factors taken into account include the seriousness of the offence committed and material status of the victim. Direct victims of serious violent or sexual offences (e.g., homicide, serious bodily harm, rape, sexual perversion committed upon a minor) are provided with free legal aid. Additionally, indirect victims of such offences, such as close family members, may also be granted free legal aid. For any of the above offences, free legal aid is granted if the offence was committed within Romanian territory, or if the victim is a Romanian citizen or foreign citizen living legally in Romania and the criminal prosecution is taking place within Romania.

Prior to the commencement of Law 211/2004, when a perpetrator of a crime remained unknown, insolvent, or was missing, the "costs" of the offence were incurred by the victim alone. Currently, upon application, a victim may be granted financial compensation for serious violent and sexual crimes.

The birth of the National Agency for Family Protection (NAFP) has increased support for victims of domestic violence. The agency has assisted in the setting up of shelters for victims of domestic violence, recuperation centers for victims of violence and assistance centers for aggressors.

United Kingdom

In 1974, the charity Victim Support was set up in Bristol, aimed at providing help and support to victims of crime on a local and national level. Trained volunteers and employees offer free, confidential, practical and emotional support to people affected by crime in England and Wales. The charity offers support to around one million victims of crime per year. People may seek practical or emotional help, for example, making their home secure after a burglary, applying for compensation from the Criminal Injuries Compensation Authority, getting re-housed, or asking for counselling through a GP.

Victim Support also provides specialist services, such as: a national "homicide service", helping families who have been bereaved by murder or manslaughter, local services helping victims of domestic or sexual violence, exploitation, anti-social behaviour, or hate crime, local services for young victims of crime, including specialist support for children who have to testify in court and for recent victims of grooming, and using restorative justice to help victims.

In Scotland and Northern Ireland, similar services are provided by the charities Victim Support Scotland and Victim Support NI.

UN declaration

In 1985, the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which outlines international best practices for treatment of crime victims. The report recognizes an offender's obligation to make fair restitution to his or her victim, acknowledges that victims are entitled to fair treatment and access to the mechanisms of justice, and generally draws attention to the need for victims' rights in the criminal justice process. Other United Nations provisions that touch on victims' rights include (1) The International Covenant on Civil and Political Rights (ICCPR); (2) the Convention on the Elimination of Discrimination of Women (CEDAW); and (3) the Convention on the Rights of the Child (CRC). The ICCPR has been ratified by 172 nations, including the United States, Canada, Russia, and France. It includes the following provisions related to victims' rights:

• Rights to be protected from harm, which impose obligations on governments to have effective criminal justice systems (Article 6.1, Article 7, and Article 17)
• Rights to be recognized by and treated equally before the law (Articles 2, 3, 16, and 26)
• A right of non-discrimination (Article 2)
• Rights to a remedy and to access to justice (Articles 2 and 14)
• Due process rights (Articles 9, 10, 14, and 15)

In 2008, Human Rights Watch published an analysis comparing United States victims' rights laws to international Human Rights Standards. This report, titled "Mixed Results: U.S. Policy and International Standards on the Rights and Interests of Crime," found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld." The report states that the U.S. should use the UN's Basic Principles as a guide to inform their laws and policies. In addition, it recommends that the U.S. adopt policies that: (1) Remove arbitrary limits on the definition of "victim" in state and federal laws; (2) Expand access to victim services and compensation; and (3) "Maintain and enforce standards for the collection and preservation of evidence, particularly rape kit evidence." The report also recommends U.S. ratification of the CEDAW and CRC.

Criticisms of the victim-inclusion approach

There are three major criticisms of the Victims' Rights Movement, and the accompanying victim-inclusion approach to criminal justice.

1. Some claim that proposed incorporation of victims' rights will directly undermine defendant's rights, since designating the accuser as a "victim" presupposes that the alleged crime actually occurred even before this has been established to be the case in a court of law.
2. Some view victims' rights as impinging on prosecutorial discretion.
3. Some argue that victim participation will inappropriately focus criminal proceedings on vengeance and personal emotion.

In connection with the last of these criticisms, it has been noted that victims seeking "closure" may promote outcomes as diverse as retribution, on one hand, and forgiveness on the other, and the legal system is inadequate to providing therapeutic satisfaction in either case.

Proponents of victims' rights respond by noting that victims' rights of privacy, protection and participation are civil rights that ensure that individual harm is among the harms recognized by the system, and that such rights afford a voice in the process, not a veto of enforcement discretion. Proponents also cite the criminal courts' well-established capacity to afford rights to participants other than the defendants (such as the media), suggesting that accommodation of victims' interests is both possible and desirable.

External links

• Primer: Crime Victims’ Rights U.S. Sentencing Commission
• VictimLaw, Office for Victims of Crime Training and Technical Assistance Center
• Victim’s Law, A bill produced by Keir Starmer, the victims of a crime would have extended right to challenge decisions over criminal investigations.