Ask for the report number and ask what crime was cited. Get help from people you trust so they can be with you or speak for you. NOTE B When law enforcement notifies the local rape crisis center that they are taking a rape victim to a rape exam, most all rape crisis centers will send a victim advocate to meet you at the exam room.
Police are paid by your taxes to take domestic violence seriously. If you feel shy about doing any of these things, remind yourself again that your safety depends on a proper police response to domestic violence. And remember, you are always within your rights and your best interest to completely refuse to talk with anyone connected with the defense attorney team.
People mistakenly conclude that restraining orders are useless. Offer to write you an Emergency Protective Order? NOTE D Most of the time the prosecutor will contact you about a pending plea bargain in the weeks before a scheduled trial.
Though it does happen from time to time that a prosecutor outright fails to inform you of a deal, a much more common way that your rights are violated under this law is that a prosecutor will misinform you about the pending deal in order to get you to agree to the deal and to dissuade you from testifying.
Your willingness to stand by your rights is very often enough to assure that officials will respect your rights. Nothing in this section shall preclude a court from exercising its discretion to remove a person from the courtroom whom it believes is prompting, swaying, or influencing the witness.
However, Rape victims rights other states have very similar Rape victims rights. However, there are some prosecutors who may come to you about a plea bargain very early on and in the minutes just prior to the preliminary hearing when you are likely very nervous and anxious about testifying.
Be sure and meet with your support persons and advocates before the interview. Ask you about the history of abuse? The most important thing to the advocates is that you have the exam in the way you feel most comfortable.
Tell your support person what happened. For example, if a prosecutor offers a man charged with kidnaping and rape a deal to plead guilty to misdemeanor assault, this is very likely a deal that is a miscarriage of justice for both the victim and the community.
Under California law see discussion of Family Code below domestic violence victims now have a legal right to a complete copy of your domestic violence report. If there is anything at all that makes you uncomfortable during, or before, or after a rape exam, and you find it difficult to speak up or ask your questions, tell the medical examiner or the detective that you want to talk alone with your advocate or support person.
Or you can simply refuse to do the exam. The best way to do this is to write a one page letter addressed to the judge. For example, if you suddenly find out one day that the accused in your case has pled guilty to a minor offense when he was initially charged with a major offense, chances are pretty good that the prosecutor offered the defense a deal and the defense accepted.
How to Download Small Sections of Text. So check to see that all statements written out by you, by other witnesses, and the perpetrator, if they wrote a statementare included in the report.
The law says prosecutors must notify victims of pending plea bargains so that if you feel the offered deal is unjust, you have time to express your objections to the deal.
Some states have an automated victim notification system that automatically calls or e-mails the victim with updates on the status of the offender, while others require the victim to telephone the authorities to receive such updates.
But way too many police treat these situations as silly complaints.
When your rights are trampled on top of everything else it can quickly make you feel very depressed. You can very often succeed in getting a bad pending plea bargain withdrawn.
To find the laws covering your rights in other states you can consult your state codes on the internet or in the reference section of your library, you can call victim advocates, talk to your county law librarian, or ask a lawyer to look up your rights for you.
If police do not make an arrest, or do not make a determined attempt to make an arrest when you report a violation of your domestic violence restraining order A.
Call a victim advocate or a smart friend to help you protest the police treatment. Note that subdivision c of the law instructs the court that if one of your support persons is also being called to testify, than that person should testify before you so the support person can be present in the courtroom when you testify.
All domestic violence-related calls for assistance shall be supported with a written incident report, as described in subdivision cidentifying the domestic violence incident. However, keep in mind that officials can never exclude your victim advocate from accompanying a victim in interviews under any circumstances.
The person or persons so chosen shall not be a person described in Section of the Evidence Code unless the person or persons are related to the prosecuting witness as a parent, guardian, or sibling and do not make notes during the hearing or proceeding.
Your safety, your right to justice, and your freedom from violence, depend on the full exercise of your rights. This subdivision applies to investigators and agents employed or retained by law enforcement or the district attorney. Do you want someone to take notes during the interview highly recommended?Victims' Rights and Sexual Assault Kits.
that have remained untested for 10, 15, 20 years or more. Determining what rights victims have in these cases is an important obligation for these jurisdictions. This legislation addresses the issue of the importance of timely DNA analysis of rape kit evidence and provides sexual assault victims.
Parental Rights and Sexual Assault: State Laws The person who alleges that he or she is a victim of sexual assault and who alleges that a child was conceived as a result of a sexual assault in which a conviction did not occur may file a petition in the juvenile court to prevent future contact with the parent who allegedly committed the.
Oct 04, · Parental rights for rapists?
You’d be surprised how cruel the law can be Rape victims are often forced to consult with their assailants on matters such as schools, summer camps and religious.
Victims generally have the right to receive information about victims' rights, victim compensation (see "Right to Apply for Compensation," below), available services and resources, how to contact criminal justice officials.
Maryland rape victims that provide "clear and convincing" proof will be able to file to eliminate assailants parenting rights, ending forced co-parenting. Victims’ Rights Constitutional Amendments.
In addition to statutory victims’ rights, nearly two-thirds of the states have adopted amendments to their state constitutions guaranteeing rights to victims of crime. referrals to victim services, such as rape crisis centers, battered women’s shelters, and general victim service agencies.Download