Rights Of Victims,
Survivors, and Witnesses.
·
There
shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following
rights, which apply to any criminal court and/or juvenile court proceeding:
·
With respect to victims of violent
or sex crimes, to receive, at the time of reporting the crime to law enforcement officials, a written statement of the rights
of crime victims as provided in this chapter. The written statement shall include the name, address,
and telephone number of a county or local crime victim/witness program, if such a crime victim/witness program exists in the
county;
· To be informed by local law enforcement agencies or the prosecuting attorney of the
final disposition of the case in which the victim, survivor, or witness is involved;
·
To be notified by the party
who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur
as scheduled, in order to save the person an unnecessary trip to court;
·
To receive protection from harm
and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
·
To
be informed of the procedure to be followed to apply for and receive any witness fees to which
they are entitled;
·
To be provided, whenever practical,
a secure waiting area during court proceedings that does not require them to be in close proximity
to defendants and families or friends of defendants;
·
To have any stolen or
other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as
evidence.
· When
feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property
of which ownership is disputed, shall be photographed and returned to the owner within ten days
of being taken;
·
To be provided with appropriate
employer intercession services to ensure that employers of victims, survivors of victims, and witnesses
of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;
·
To access to immediate medical
assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance
administered. However, an employee of the law enforcement agency may, if necessary, accompany the
person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration
of medical assistance;
·
With respect to victims of violent
and sex crimes, to have a crime victim advocate from a crime victim/witness program, or any other support person of the victim's
choosing, present at any prosecutorial or defense interviews with the victim, and at any judicial
proceedings related to criminal acts committed against the victim. This subsection applies if practical and if the presence
of the crime victim advocate or support person does not cause any unnecessary delay in the investigation or prosecution
of the case. The role of the crime victim advocate is to provide emotional support to the crime victim;
·
With
respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify,
to be scheduled as early as practical in the proceedings in order to be physically present during
trial after testifying and not to be excluded solely because they have testified;
·
With respect to victims and
survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing
hearing for felony convictions upon request by a victim or survivor;
·
To submit a victim impact statement
or report to the court, with the assistance of the prosecuting attorney if requested, which shall
be included in all persistence reports and permanently included in the files and records accompanying the offender committed
to the custody of a state agency or institution;
·
With respect to victims
and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions;
·
With respect to victims and
survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced
to confinement, unless extraordinary circumstances exist which make restitution inappropriate in
the court's judgment; and
·
With
respect to victims and survivors of victims, to present a statement in person, via audio or videotape, in writing or by representation
at any hearing conducted regarding an application for pardon or commutation of sentence.
WA.State Child Victim’s Bill of Rights, RCW 7.69A.030
In
addition to the rights that have been provided for all crime victims and witnesses, Washington law requires reasonable efforts
be made to ensure the following rights for child victims and witnesses under the age of eighteen:
a)To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which
the child may be involved.
b)With
respect to child victims of sex or violent crimes or child abuse, to have a crime victim advocate from a crime victim/witness
program, or any other support person of the victim's choosing, present at any prosecutorial or defense interviews with the
child victim. This subsection applies if practical and if the presence of the crime victim advocate or support person does
not cause any unnecessary delay in the investigation or prosecution of the case. The role of the crime victim advocate is
to provide emotional support to the child victim and to promote the child's feelings of security and safety.
c) To be provided, whenever possible,
a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and
during any court proceedings.
d) To not have the names, addresses,
nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state
agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law
enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim
or witness.
e) To allow an advocate to make
recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential
effect of the proceedings on the child.
f) To allow an advocate to provide
information to the court concerning the child's ability to understand the nature of the proceedings.
g) To be provided information
or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact
of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.
h) To allow an advocate to be
present in court while the child testifies in order to provide emotional support to the child.
i) To provide information to
the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in
order to promote the child's feelings of security and safety.
j) To allow law enforcement agencies
the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates
or prosecutorial staff trained in the interviewing of the child victim.
k) With respect to child victims
of violent or sex crimes or child abuse, to receive either directly or through the child's parent or guardian if appropriate,
at the time of reporting the crime to law enforcement officials, a written statement of the rights of child victims as provided
in this chapter. The written statement shall include the name, address, and telephone number of a county or local crime victim/witness
program, if such a crime victim/witness program exists in the county
