Rights of Victims of Violent Crime

Regional Crime Victim Crisis Center

Assisting Victims and Survivors of Violent Crime
and Working to Prevent Violence

THE RIGHTS OF VICTIMS OF CRIME

According to the Code of Criminal Procedure, Chapter 56, Rights of Crime Victims, a victim of violent crime
is (1) someone who is the victim of sexual assault, kidnapping or aggravated robbery or who has suffered
bodily injury or death because of the criminal conduct of another, (2) the close relative (spouse, parent,
adult brother or sister, or child) of a deceased victim, or (3) the guardian of a victim. These rights also
apply to victims of juvenile crime, including victims who suffer property loss.

Victims of Crime have the right to:

receive adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
have their safety considered by the magistrate when setting bail;
receive information, on request, of relevant court proceedings, including appellate
proceedings, of cancellations and rescheduling prior to the event, and appellate
court decisions after the decisions are entered but before they are made public;
be informed, when requested, by a peace officer about the defendant's right to bail
and criminal investigation procedures, and from the prosecutor's office about
general procedures in the criminal justice system, including plea agreements,
restitution, appeals, and parole;
provide pertinenet informaiton concerning the impact of hte crime to the probation
department prior to sentencing;
information about the Texas Crime Victims' Compensation Fund and payment for a
medical examination of a victim of sexual assault, and, on request, referral to social
service agencies that provide additional assistance;
information, on request, about parole procedures; notification of parole
proceedings and of the inmate's release, and the right to participate in the parole
process by submitting written information to the Board of Pardons and Paroles for
inclusion in the defendant's file for consideration by the Board prior to parole;
a separate or secure waiting area at all public court proceedings;
prompt return of any property that is no longer needed as evidence;
have the prosecutor notify, upon request, an employer that the need for the victim's
testimony may involve the victim's absence from work;
on request, the right to counseling and testing regarding AIDS and HIV infection
and testing for victims of sexual assault;
request victim-offender mediation coordinated by the Victim Services Division of the
Texas Department of Criminal Justice;
be informed of the use and purpose of a victim impact statement, to complete a
victim impact statement and to have the statement considered before sentencing
and acceptance of a plea bargain and before an inmate is released on parole.

A victim, guardian of a victim, or close relative of a deceased victim is entitled to be
present at all public court proceedings, with the consent of the presiding judge.

A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a
failure or inability to provide a right enumerated herein.

Art.56.045 CCP States that a victim of a sexual assault has the right to the
accompaniment of a victim advocate during the sexual assault exam if an advocate is
available at the time of the examination.