DPS Victim Services

Declaration of Victims’ Rights

RIGHTS OF CRIME VICTIMS IN UTAH

Victims of crime have constitutional and statutory rights to ensure that all victims are treated with dignity, respect, courtesy, and sensitivity, and that the rights extended to victims and witnesses of crime are honored and protected by law in a manner no less vigorous than protections afforded criminal defendants. You can locate these rights in the Utah Constitution, Article 28 and in the Utah Criminal Code at 77-37, 77-38 and 77-38a. Following is a brief summary of the rights entitled to victims of crime; felony crimes and A and B misdemeanor crimes, including juvenile charges:

1. Victims have the right “to be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process.”
2. Victims have the right to be informed and assisted as to their role in the criminal justice process, including clear explanations regarding legal proceedings.
3. Victims have the right to be present and heard at important criminal justice and juvenile justice hearings. Those hearings include preliminary hearings, arraignment, any court proceeding involving the disposition of charges or the delay of a previously scheduled trial date, a court proceeding relating release of the defendant from custody, the criminal trial, sentencing hearings and parole hearings.
4. Victims have the right to be heard and that right may be exercised at the victim’s discretion in any appropriate fashion, including an oral, written, audio taped, or videotaped statement or direct or indirect information that has been provided to be included in any presentence report.
5. Victims have the right to receive notice of important criminal justice hearings in felony cases. The victim’s address, telephone number and written impact statement are protected and only available to a limited group of victim specialists.
6. Victims of several violent and sexual crimes may request a pretrial criminal no contact order be issued by the court.
7. Victims have the right to a speedy disposition of the charges, free from unwarranted delay caused by the defendant and to a prompt and final conclusion of the case after the disposition or conviction and sentence.
8. Victims have the right to have the sentencing judge receive and consider information about the impact of the crime upon the victim and any other information the victim would like to share with the sentencing judge
9. Victims have a right to have a representative exercise the same rights that the victim is entitled to.
10. Victims have the right to restitution.
11. Victims have the right to have any personal property obtained in an investigation returned to the victim when the property is no longer needed by the court or prosecution.
12. Victims have the right to object to a petition for expungement.
13. Victims of sexual assault have the right to have their confidential communication to a sexual assault counselor remain confidential.
14. Additionally, should a convicted person, or representative of the convicted person, receive a profit from the sale or transfer of memorabilia, the profit shall be given to the Crime Victim Reparations Fund.
15. Access to VINE (Victim Information & Notification Everyday www.VINELink.com) System (See VINE under other victim resources)

Additional Rights for Children

1. Victims who are 13 years of age or younger shall be communicated to in age-appropriate language.
2. Child victims have the right to have the process conducted in the most effective and least traumatic, intrusive, and intimidating manner.
3. Children are not responsible for inappropriate behavior adults commit against them and have the right not to be questioned, in any manner, nor to have allegations made, implying this responsibility.
4. Child victims have the right to have interviews related to criminal prosecution kept to a minimum.
5. Child victims have the right to be informed of available community resources that might assist them and how to gain access to those resources.

Additional rights for victims of sexual offenses

1. Victims of sexual offenses have the right to request voluntary testing for themselves for HIV infection and to request mandatory testing of the alleged sexual offender for HIV infection.
2. Victims of sexual offenses have the right to be informed whether a DNA profile was obtained from the testing of the rape kit evidence or from other crime scene evidence.
3. Victims of sexual offenses have the right to be informed whether a DNA profile developed from the rape kit evidence or other crime scene evidence has been entered into the Utah Combined DNA Index System.
4. Victims of sexual offenses have the right to be informed whether there is a match between a DNA profile developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Utah Combined DNA Index System, as long as disclosure would not impede or compromise an ongoing investigation.
5. Victims of sexual offenses have the right to designate a person of the victim’s choosing to act as a recipient of the information gathered in HIV infection testing and DNA testing.