Over the last 30 years, the awareness and acceptance of crime victims’ rights have continued to expand throughout the United States. In Texas, the commitment to speak out and bring attention to the victim’s movement has excelled, bringing victims of crime to the forefront so they are no longer invisible in the laws and policies that govern our criminal justice system.

It is difficult not to hear about the horrific crimes that occur on a daily basis, but no one expects to become a crime victim themselves. If you or a family member were to become a victim of a violent crime, would you expect to be treated with compassion and dignity? Would you expect anything less than fair treatment? Would you expect reasonable protection from the defendant? Would you expect the right to be notified of court proceedings? Would you expect the right to be present at all public court proceedings and the right to confer with the prosecutor?

To ensure crime victim’s rights were acknowledged and respected, victim assistance groups were formed and worked tirelessly just to be heard. Together these pioneers created an opportunity for victims and their families to participate in the criminal justice system. As a result, crime victims’ rights across America began to take hold. In 1974, the first victim/witness programs in the Brooklyn, New York and Milwaukee, Wisconsin District Attorney’s Offices were funded. In 1976, the first Victim Impact Statement was created, and in 1980, the first Crime Victims’ Bill of Rights passed in Wisconsin.

Nationwide, it became evident that it takes a voice in the community to speak out for change to occur. In Texas, one of many voices was that of Nell Myers, founder of the victim advocacy program People Against Violent Crime (PAVC). Myers created the program in Austin Texas in 1979 after the brutal murder of her daughter. She was a leader in the passage of state victim-oriented legislation, including the Crime Victims Compensation Act, the Crime Victims’ Bill of Rights and the Constitutional Amendment for Crime Victims. Through PAVC, the work to bring awareness and resources to crime victims’ rights continues. Their work truly paid off, awareness led to acceptance, and acceptance to responsiveness. This historic shift in Texas can be traced back to the late 1970s. In 1979, the Texas Crime Victim’s Compensation Act was passed; in 1983, the Texas Crime Victim Clearinghouse was formed; and in 1990, the Women’s Advocacy Project was created. During this time, work to create the Rights of Crime Victims was passed bringing these liberties to the forefront of the victims’ rights movement in Texas.

Article I, § 30 of the Texas Constitution guarantees specified rights to crime victims. Subsection 30 (a) guarantees the rights to be treated with fairness and respect for the victim’s dignity and privacy and to be reasonably protected from the defendant. Subsection (b) guarantees the following rights upon request: (1) the right to notification of court proceedings; (2) the right to be present at all public court proceedings, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial; (3) the right to confer with the prosecutor; (4) the right to restitution; and (5) the right to information about the conviction, sentence, imprisonment, and release of the offender.

To make these protections more than just symbolic, the legislature enacted statutes to guarantee crime victims’ rights. Article 56.02 of the Texas Code of Criminal Procedure guarantees a victim, guardian of a victim, or close relative of a deceased victim the following rights in criminal proceedings:

1. The right to protection from harm and threats of harm arising from cooperation with prosecution efforts;
2. The right to have your safety, and that of your family, taken into consideration when bail is being considered;
3. The right to be informed about court proceedings, including cancellations or rescheduling upon request;
4. The right to information about procedures in criminal investigations and in the criminal justice system;
5. The right to provide information to a probation department conducting a pre-sentence investigation about the impact of the offense on the victim or the victim’s family;
6. The right to receive information about the Texas Crime Victims Compensation Fund and referrals to available social service agencies;
7. The right to be notified about parole proceedings, to participate in the parole process, and to be notified of the inmate’s release;
8. The right to a safe waiting area before and during court proceedings;
9. The right to prompt return of any property that is no longer needed as evidence;
10. The right to have the prosecutor notify the employer of the victim that the need of the victim’s testimony may involve the absence of the victim from work for good cause;
11. The right to counseling, on request, regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection and testing for AIDS and HIV related infections, if the offense is an offense under Section 21.02, 21.11(a)(1), or 22.021, Penal Code;
12. The right to request victim-offender mediation; and
13. The right to be informed of the uses and purpose of the victim impact statement, to complete the victim impact statement, and to have the statement considered.

In addition, Section 57.002 of the Family Code guarantees a crime victim’s rights in juvenile proceedings. These rights are essentially the same rights as those enacted under Article 56.02 in the Code of Criminal Procedure.

It is easy to read the Crime Victim’s Bill of Rights in the Texas Constitution and the Crime Victims’ Rights Laws enacted by the Legislature, but it takes continued work by those who have dedicated countless hours to ensure these rights are not overlooked when someone is propelled unexpectedly into the criminal justice system. Not only did these laws make victim’s rights visible, they required prosecutors’ offices and law enforcement agencies to designate a victim assistance coordinator/liaison to ensure that victims are afforded their rights.

Today, law enforcement agencies and prosecutor’s offices must send information to a crime victim once they are aware that person has become a victim of a violent crime. For example, in the Harris County District Attorney’s Office, a Victim Assistance Coordinator will initially notify the crime victim by mail. The information mailed to a crime victim will include:

1. The Victim Information Sheet and Victim Impact Statement;
2. The Crime Victims Compensation Application;
3. A list specifying crime victims’ rights;
4. The case and court number the case is assigned; and
5. A brochure including the stages in the criminal justice system.

The Victim Impact Statement is a form that allows the victim or the victim’s family members to share, with the court, how the crime has impacted them physically, financially and emotionally. In addition, the statement asks the victim if they would like to be notified about a defendant’s parole. If they choose to be notified, the Texas Department of Criminal Justice – Victim Services Division will contact them regarding offender status. Of course, in order for this right to be exercised and the Victim Impact Statement to have an effect, it is extremely important for the victim or survivor to return the form for the officials’ in the criminal justice process to review. With this said, it is essential for those of us responsible for providing this form to the survivor to remember the difficulty they may have when asked to share the impact the crime has had on them or how this crime has affected their family. They did not ask to be involved in the process, and our responsibility, in addition to providing this right, is to listen and support them in this difficult time. Therefore, it also is important to provide encouragement and communicate to them how the impact statement is vital in the sentencing phase of the offender. Victim Assistance Coordinators not only help victims maneuver through the system, they serve as case managers, educators, and mentors to those they serve. They often meet with victims in person to assist them with completing their paperwork, explain the court system and accompany them to trial. The coordinators also support the assistant district attorney handling each case by serving as a liaison with the victim.

In addition, the coordinator works closely with the victim to provide information regarding Texas Crime Victims’ Compensation. The Crime Victim Compensation Fund was created to encourage greater victim participation in the apprehension and prosecution of criminals and reimbursing innocent victims for certain out-of-pocket expenses incurred as a result of violent crime. The program is administered by the Office of the Attorney General and is “the payer of last resort” after all primary sources of payment have been exhausted. Crimes covered by Crime Victims Compensation are those in which the victim suffers substantial threat of physical or emotional harm or death. These may include sexual assault, kidnapping, robbery, assault, homicide and other violent crimes. Claims may be approved for benefits up to a total of $50,000. Individuals who suffer total and permanent disability as a result of the crime may qualify for an additional $75,000, which may be used for specific and limited expenses, such as lost wages, prosthetics, rehabilitation or making a home accessible, depending upon the law in effect on the date of crime. Upon approval, benefits may be awarded for the following:

• Medical, hospital or physical therapy expenses;
• Loss of wages and travel reimbursement due to participation in, or attendance at, the investigation, prosecutorial and judicial processes;
• Loss of wages and travel to seek medical treatment or counseling;
• Loss of earnings or support;
• Child or dependent care;
• Funeral and burial expenses;
• Counseling for members of the immediate family;
• Crime scene clean-up;
• Replacement of property seized as evidence or rendered unusable as a result of the investigation;
• Attorney fees for assistance in filing the Crime Victims Compensation application and in obtaining benefits, if the claim is approved;
• One-time relocation assistance for victims of family violence or sexual assault who is assaulted in the victim’s place of residence; and
• Travel associated with witnessing an execution.

In 2007, Crime Victims Compensation awarded over $64 million in compensation on behalf of victims and their families. The program has provided financial support to many crime victims over the years and, through the unwavering support of the Texas Legislature, the Fund can continue to provide financial relief for victims of violent crimes.

Although victims’ rights have matured and are respected by law enforcement and social service professionals, there is still much work to be done. Court decisions have provided inconsistent protection for victims’ rights. The next step in the victims’ rights movement is for state laws to consistently uphold victims’ rights and clarify whether victims of crime can take action to enforce these rights, and if they do take action, what options they have. Victims and legal professionals also need to be educated about victims’ rights laws and the means by which they can be enforced.

Texas continues to make progress along with the nation to expand and enforce the rights of those who have been impacted in so many ways by crime. The march for victim rights should never end. It is the duty of citizens, legislators, and advocates to continue the advancement of crime victims rights. To stop now would be an injustice in itself and to those who have dedicated their lives to this work.

Michelle Permenter is the Director of the Harris County District Attorney’s Office Victim/Witness Division. She graduated from Sam Houston State University in 1993 with a Bachelor of Science in Criminology and Corrections.