Having a victim for a crime does not necessarily mean that you have to be the victim of the crime. There are laws that protect victims. These laws can include Non-punishment provisions, compensation and confidentiality laws. These laws can help you to get the justice that you deserve.
Compensation
Several states have taken steps to increase the public’s awareness of crime victim compensation programs. Some have also bolstered their funding mechanisms to improve the program’s efficiency. Other states have developed systems to ensure offenders are held accountable for their actions.
In some states, claims for compensation for victims for crimes increased nearly three-fold. Others reported a slight decrease in applications. Yet in many states, the time it takes to process a compensation claim has decreased. In fact, the median time for processing claims nationwide is 21 weeks.
There are a number of reasons why a claim might take longer than expected to process. These reasons include delays in completing the application process, delays in obtaining health care, and delays in contacting bill collectors. In the worst-case scenario, the delay may delay the victim’s access to health care.
In addition to processing claims, compensation programs have other important responsibilities. They work with prosecutors to make sure that restitution is ordered. They must also make sure that victims are informed about their rights.
Non-punishment provisions
Among the most important tools in criminal justice response to human trafficking is the non-punishment provision. This is the promise that the victim’s testimony will not be used against them. It aims to protect victims from criminalization and re-victimisation, and to promote compliance with human rights obligations.
In the United Kingdom, the legal principle of ‘non-punishment’ was adopted in law in 2015. The non-punishment provision protects victims of trafficking from prosecution, detention, and any form of punishment that is related to their status. It is also included in the Council of Europe Convention on Action against Trafficking in Human Beings.
The principle of non-punishment can be applied to all crimes, or to specific offenses. It can also be related to defenses in criminal proceedings. The application of the non-punishment principle must be in accordance with other fundamental principles of national legal systems.
According to the UN Working Group on Trafficking in Persons, the non-punishment provision should be applied to offences which are likely to be connected to the exploitation of human beings. During the reporting period, anti-trafficking amendments were made to the criminal code, including the provision of a non-punishment provision for child trafficking victims.
Confidentiality laws
Various states and federal laws provide confidentiality protections for victims of crimes. However, these laws vary significantly, making it important to understand them.
Often, victims will disclose their experiences to service providers as a way to protect themselves. However, confidentiality does not always protect a victim’s privacy.
Confidentiality laws are a complex field that includes a variety of laws, regulations, and policies. For example, California Civil Code provides rules for service of process and confidentiality in all civil proceedings. Similarly, the Federal Family Violence Prevention and Services Act (FVPSA) and the United States Department of Health and Human Services’ Office for Civil Rights (OCR) enforce confidentiality rules.
There are several exceptions to confidentiality that are both legal and ethical. For example, the California courts have placed a duty on psychotherapists to warn third parties of patient threats. Similarly, a duty to report was imposed on hospitals to disclose past threats of patients scheduled for release.
In addition to confidentiality laws, there are several other privacy protections that are important to victims. For example, some states provide similar privilege protections to victims of sexual violence.
Making restitution real toolkit
Having a toolkit to help collect restitution for victims of crime can be invaluable. The National Center for Victims of Crime has developed the Making Restitution Real toolkit. The toolkit is a collection of information drawn from the knowledge and experience of successful collectors. The toolkit is available through the National Center for Victims of Crime web site. It includes a brief survey, contact information, and access to a Google site where you can talk to other collectors about restitution.
The National Center for Victims of Crime is interested in receiving information about other resources that might be useful to its efforts. To learn more, visit the web site, or contact them directly. The opinions expressed in materials do not reflect the views of the Office on Violence Against Women or the Office of Justice Programs. The materials are for informational purposes only and do not constitute legal advice. The opinions contained in the materials are the sole responsibility of the author and do not reflect the views of the Office on Domestic Violence, the Office on Violence Against Women, or the Office of Justice Programs.
