FAQ and Factsheets: NCVC "Get Help" Legislative Topics

Federal Legislation; State Legislation; References; Bibliography; For additional information [More...]

The law has traditionally treated children differently than other victims. State criminal codes define many crimes against children separately from the same offenses committed against adults. [More...]

The rights of crime victims have only begun to be recognized in the law during the last two decades. Prior to that, crime victims had no rights during the criminal justice process. They did not have to be informed of court proceedings or of the arrest or release of the defendant, they had no right to be present during the trial or other proceedings, and they had no right to make a statement to the court at sentencing or at other hearings. [More...]

Domestic violence has traditionally been defined as violence in the home, or between family members. As society's definition of family has changed, so has the law's definition of family violence. While some states cling to the traditional view of domestic violence as between spouses or former spouses, increasingly legislatures are expanding the scope of the law to include children, relatives, unmarried persons living together, persons with a child in common, and even those in an "intimate relationship." [More...]

The "graying of America" has given senior citizens a large and powerful political voice. As a result, crimes against the elderly, particularly those involving abuse or neglect, are coming to the attention of the general public and our nation's elected policy makers. [More...]

Most states have laws limiting the time during which crimes other than murder may be prosecuted. All states have time limitations for bringing a lawsuit to recover money for damages from the wrongdoing of another -- a civil action. In recent years, many states have adopted extensions to their criminal and civil statutes of limitation for cases of child sexual abuse and in certain other sexual assault cases. The length of the extension varies greatly between the states. [More...]

In recent years, most states have enacted laws concerning the testing of criminal offenders and their victims for infection and transmission of the human immunodeficiency virus (HIV). HIV causes acquired immune deficiency syndrome, (AIDS). Such laws were passed in response to the recognized possibility of the transmission of HIV/AIDS during sexual assault or abuse, as well as other crimes where an exchange of bodily fluids takes place. They were also the result of a new understanding of the added trauma a sexual assault victim endures when faced with the possibility of having contracted a terminal disease. In a study conducted by the National Center for Victims of Crime and the National Crime Victims Research and Treatment Center, 40 percent (40%) of sexual assault victims indicated that the fear of contracting HIV/AIDS was a major concern. [More...]

The practice of requiring an individual who has harmed another to repay the victim for the harm caused has been at the heart of jurisprudence in the civilized world. In fact, throughout most of history, the concept of repayment or restitution was inseparable from principles of crime and punishment. But as the power of the state grew, and as the interest of monarchs to intervene in an effort to quell violent settlement of disputes also grew crimes against individuals became "crimes against the state." [More...]

Many states have laws to protect the confidentiality of victims of crime. Confidentiality laws exist to encourage the reporting of offenses, and to prevent the re-victimization of the crime victim through publicity, unwarranted intrusion upon the victim's privacy, and insensitive treatment by the media. To find out what confidentiality rights exist in your state, visit your local law library or contact your state Attorney General or state legislator. [More...]

Historically, the American criminal justice system was patterned primarily after the English judicial system. One significant difference has been the manner in which criminal prosecutions are viewed. Traditionally, criminal prosecutions in England were private actions brought by the victim or a representative of the victim. While this was also true during the American colonial period, the new United States of America soon moved to a tradition of public prosecution, undertaken by a public official -- the prosecuting attorney. In the United States, a crime is considered to have been committed against the state -- in other words, against society as a whole -- rather than solely against a victim. One especially unfortunate result of our system is that victims have been treated as evidence against the accused, usually included only as a witness to the crime committed against them. Since the crime is considered to have been committed against the state, and it is the state's job to prosecute, victims are not even recognized as a party to the case. Thus, they have had little or no involvement in the process of bringing offenders to justice. [More...]

Sexual assault is a general term which can include many different crimes and varying degrees of severity of those offenses, such as: rape in the first degree, second degree sexual contact, sexual conduct, and indecent exposure, to name a few. Sexual assault almost always involves sexual intercourse oral or anal intercourse or the penetration or touching of the genitals or anal orifice with a part of the body or an inanimate object. It can be committed by one or more persons against another who is unwilling or unable to physically, mentally or legally consent to the sexual act. In recent years, many states have amended their laws concerning sexual assault to make such crimes gender-neutral that is, sexual assault can be by a male against a female, male against male, female against male, or female against female. [More...]

As awareness of the prevalence of crimes against children increases, and legislators become educated as to the needs of child victims in the judicial system, a wide range of special provisions has been adopted to make the child's participation in the system less traumatic. All states and the District of Columbia have adopted one or more of the child victim and witness provisions discussed here. [More...]

Stalking, commonly defined as "the willful, malicious and repeated following or harassing of another person" is gaining recognition and credibility as a serious crime in the United States. Victims of stalking include those currently at risk of physical and/or emotional harm, and those in constantly pending danger, but not immediately at risk. Women are the victims of stalking in disproportionate numbers [More...]

The term "victim impact statement" refers to written or oral information about the impact of the crime on the victim and the victim's family. Victim impact statements are most commonly used at sentencing. Such statements provide a means for the court to refocus its attention, at least momentarily, on the human cost of the crime. They also provide a way for the victim to participate in the criminal justice process. The right to make an impact statement generally is extended beyond the direct victim to homicide survivors, the parent or guardian of a minor victim, and the guardian or representative of an incompetent or incapacitated victim. [More...]