Sexual Assault - Survivor Rights

SURVIVOR RIGHTS

Persons who are sexually victimized often feel as if they have lost all control over their bodies. They feel that they had all of their “RIGHTS” ignored by the assailant. Many times survivors feel that their only rights, after the crime, are the judicial rights of prosecution. This is not true. Due to some governmental legislation, survivors DO have rights. Although these rights cannot erase the crime, they may help the survivor during the recovery process.

LEGAL RIGHTS

All States provide legal rights to victims of crime. These rights and their enforcement may vary from State to State. Survivors have the right to:

•	Notification of the accused’s arrest, release from custody, or any judicial proceeding where the release of the accused will be considered.
•	Express an opinion on the release of the accused pending judicial proceedings.
•	Notification of any scheduled court proceedings.
•	Express an opinion about plea negotiations and/or participation in pretrial or post conviction diversion programs.
•	Wait in a separate waiting area from the accused, the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused.
•	Designate a spouse. adult child, parent, sibling, or grandparent to act on your behalf if you are physically unable to personally assume the rights under the law.
•	Information regarding the legal process.
•	Information regarding community services available.

In order to exercise your rights as a victim, you must provide your current address and telephone number (not a pager nor cellular phone number) to the investigating law enforcement agency, prosecuting attorney, the sheriffs office if the accused is in the sheriff’s custody, the Department of Corrections if the accused is in the custody of the state, any county correctional facility if the defendant is not in a state facility, and the State Board of Pardons and Parole.

Other Victim’s (Survivor) Rights can be found throughout this site. Additionally, State Legislators are continually voting on changes and amendments to victim’s rights. If you have specific or additional questions regarding the rights of sexual assault/rape survivors contact Turning Point, or the District Attorney’s/Solicitor’s Victim Assistance Program in your county.

RIGHTS OF DIGNITY FOR SURVIVORS OF SEXUAL ASSAULT

Survivors of sexual assault also have many other rights that should be granted because they are a human being. All sexual assault survivors have the right to:

•	Be treated with dignity and respect regardless of race, age, sex, socioeconomic status, or sexual orientation.
•	Be treated with as much credibility as victims of other crimes are.
•	Be treated with gentleness and sensitivity.
•	Obtain support during and after all proceedings.
•	Be made aware of all options available, legally and medically.
•	React to the crime in their own style, whether or not it fits with the reactions expected by the community.
•	Recover from the victimization at their “own pace” and not one imposed by society.

This list only touches upon those rights that are often overlooked by individuals who try to support a survivor. It must be understood that while a survivor needs to be treated with the rights mentioned above, they should never be “babied” or patronized.