Crime Victims’ Rights are Symbolic!
The Texas Governor (2011), the Founder of the National Crime Victims Law Institute (2005), and the Executive Director of the Crime Victims Institute (2005) all agree that crime victims’ rights are often symbolic and illusory. This is true until a victim or survivor needs or wants them to be meaningful. This is the real problem. How do we make crime victims’ rights less symbolic/illusory and more meaningful? Crime Victims First is pioneering the efforts to educate, advocate, and enforce rights to achieve this vision.
Background
Over the past few decades, the victims’ rights movement has been highly successful in securing statutory rights and constitutional rights for victims/survivors of crime. These rights are intended to provide opportunities for participating in the criminal justice process and protect them throughout it. All states have some statutory protections and 33 states have constitutional rights. Texas has had constitutional rights on the books since 1989. In fact, Texas has some of the strongest language, terms, and protections on paper in America. The problems include lack of awareness, training and education, understanding, utilization and enforcement. According to research, a small number of crime victims are eligible for these rights (primarily violent crime victims); violent crime victims only report half (50%) of incidents; and only (9%) of these violent crime victims seek services and participate in the justice process (U.S. Department of Justice, 2011). Therefore, roughly (1 out of 10) violent crime victims are in a position to be notified of their rights, have them afforded to them, and if those rights are violated consider enforcement as a remedy to ensure their voice is heard and they can participate in the justice process. This also means that even if the crime is reported, a majority of victims/survivors go without information, support and assistance. This is alarming! It’s also important in terms of enforcement because there are violent crime victims who will do everything in the pursuit of justice. So, if this group reports, cooperates, requests rights in writing, requests meetings, calls and emails, writes a victim impact statement, attends hearings, sends final demand letter, and feels they are getting nowhere, they learn about their rights, and now want to enforce them. This is a specialized group and they are making enforcement a challenging issue that is likely to reshape victim services and assistance forever. It must be done to preserve the profession and fulfill the promises made to victims/survivors of crime. It can be done! It is being accomplished in at least 13 other states – See Oregon, Maryland or S. Carolina as potential models.
Problems
The majority of crime victims do not report and get nothing. The only statistic that has remained constant for several decades is lack of reporting. To be eligible for crime victims’ rights, victims/survivors must be involved in a violent crime (i.e. murder, rape, assault), report the crime, cooperate, be notified of rights, invoke those rights since most are “upon request,” and do all of this under duress. A large number of victims/survivors do not report and are not aware of their right or services and programs available to support and assist them. This is one reason that victims’ rights and enforcement are symbolic. This is beginning to change. A victims’ rights enforcement movement is emerging and there are enforcement programs/clinics starting to address these concerns related to fulfilling the promises to victims/survivors including increasing awareness, availability and accessibility of crime victims’ rights and accountability making these rights more meaningful and less symbolic.
Solutions
Crime Victims First (CV1) is the first victims’ rights education, advocacy, and enforcement nonprofit in Texas. CV1 is a 501(c)(3) tax-exempt organization and a leader on the forefront of increasing awareness and accountability. CV1 was created in 1999 and officially launched in 2007. CV1 is a grassroots private initiative supported and managed by a small and dedicated team of volunteers. We do not accept government funding. CV1 wants and can do more. We need your help. Please join our Step Up Now – Learn Your Rights Campaign or make a tax deductible contribution today. The goal is to promote and protect crime victims’ rights through education, advocacy, enforcement, and to provide support and assistance to anyone affected by crime and victimization. Your tax-deductible donation helps CV1 implement and expand the following services and programs including educational services, victim services, and legal services making crime victims’ rights more meaningful and less symbolic. It also ensures that anyone affected by crime or victimization has a place to go for support and assistance regardless of their circumstances. Will you help?
