Delaware County, Indiana

Victims' Rights

In 1996, 89% of Indiana's voters approved of a State Constitutional Amendment for victims' rights.   Article 1, Section 13(b) of the Constitution of the State of Indiana provides as follows:

Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity and respect throughout the criminal justice process; and, as defined by law, to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.

To date, only 32 states have amended their constitutions to include victims' rights. 

The Indiana General Assembly has codified its intent to protect the rights of victims.  

The legislature recognizes that many innocent persons suffer economic loss and personal injury or death as a result of criminal or delinquent acts.   Indiana Code § 35-40-1-1 provides "It is the intent of the general assembly to do the following: 

• Enact laws that define, implement, preserve, and protect the rights guaranteed to victims by Article 1, Section 13 of the Constitution of the State of Indiana.
• Ensure that Article 1, Section 13 of the Constitution of the State of Indiana is fully and fairly implemented."

 Additionally, the code provides that “[t]his article shall be construed to preserve and protect the rights to which a victim is entitled without interfering with the rights of the accused to receive a fair trial or the duty of the prosecuting attorney to represent the people of Indiana.”  I.C. § 35-40-3-1.   Victim's rights in Indiana apply to all victims irrespective of whether the perpetrator of the crime is an adult or a juvenile.   I.C. § 35-40-3-3. 

 To that end, the Indiana General Assembly has passed multiple statutes relating to victim’s rights.  It shall be the policy of the Delaware County Prosecuting Attorney's Office to ensure that these rights are enforced and honored.  Among those rights, are the following:

1.   RIGHT TO FAIR TREATMENT 

• Victims have the right to be treated with fairness, dignity, and respect; free from intimidation, harassment, and abuse throughout the criminal justice process. I.C. § 35-40-5-1.
  

• A prosecuting attorney shall provide that: (1) victims are treated with dignity, respect, and sensitivity at all stages of the criminal justice process; and (2) the rights of victims are protected. I.C. § 35-40-6-2.
  

• The following shall be identified by means of a designation omitting the victim's name, such as “Victim 1”, in court documents open to the public: (1) A victim of a sex crime under IC 35-42-4; (2) A child victim of a crime of violence (as defined in I.C. 35-50-1-2). The state shall provide to the court a confidential document identifying the victims named in the court documents.  I.C. § 35-40-5-12
  

2.   RIGHT TO CONFER WITH PROSECUTOR’S OFFICE 

        Upon request, you have the right to speak with a representative of the Prosecuting Attorney’s Office

• after a crime committed against you has been charged;
• before the trial of the crime committed against you;
• and before any disposition of a criminal case involving you.

       However, this right does not include the authority to direct the prosecution of the criminal case involving      

       you as a victim.   I.C. § 35-40-5-3(b). 

3.   RIGHT TO INFORMATION 

• Victims have the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim. I.C. § 35-40-5-8.
  

• Victims have the right to be informed, upon request, when a person who is accused of committing, or convicted of committing, a crime perpetrated directly against them is released from custody or has escaped. I.C. § 35-40-5-2(a).
  

• Upon request of a victim, the office of the prosecuting attorney having jurisdiction or a law enforcement agency having custody of a person accused of a crime against the victim shall notify the victim of the scheduling of a bond hearing, the escape or death of a person accused of committing a crime against the victim, release of a person convicted of a crime against the victim to a work release program, or any other type of post arrest release of a person convicted of a crime or charged with a crime against the victim. I.C. § 35-40-7-2.
• Notwithstanding I.C. 35-38-1-13, the victim has the right to read pre-sentence reports relating to the crime committed against the victim, except those parts of the reports containing the following:

                   (1) The source of confidential information.

                   (2) Information about another victim.

                   (3) Other information determined confidential or privileged by the judge in a proceeding.

•  The information given to the victim must afford the victim a fair opportunity to respond to the material included in the pre-sentence report.  I.C. § 35-40-5-6.
  

• If a defendant has filed an appeal of the defendant's conviction or the state has filed an appeal in connection with criminal proceedings against a defendant, a (1) victim or alleged victim; or (2) spouse or member of the immediate family (as defined in IC 27-14-1-17 as any child, stepchild, grandchild, parent, stepparent, grandparent, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, and includes adoptive relationships) of the victim or alleged victim, if: (A) the victim or alleged victim is deceased; and (B) the spouse or the immediate family member is not a defendant in the criminal case; is entitled, at no charge, to an electronic copy of the transcript prepared for appeal in the case. The trial court clerk shall provide the victim or alleged victim (or spouse or immediate family member) with an electronic copy of the transcript as soon as practicable after the court reporter has filed the transcript with the clerk.  The victim or alleged victim (or spouse or immediate family member) is not entitled to any confidential information that the court has excluded from public access under the Indiana rules of appellate procedure, the court administrative rules adopted by the Supreme Court, or any other statute or court rule.  I.C. § 35-40-5-8.5.
  

• Upon request of a victim, a criminal court shall notify the victim of any probation or forensic diversion revocation disposition proceeding or proceeding in which the court is asked to terminate the probation or forensic diversion of a person who is convicted of a crime against the victim. I.C. § 35-40-8-1.
  

• Upon request of a victim, a criminal court shall notify the victim of a modification of the terms of probation or a forensic diversion program of a person convicted of a crime against the victim only if: (1) the modification will substantially affect the person's contact with or safety of the victim; or (2) the modification affects the person's restitution or confinement status. I.C. § 35-40-8-2.

4.   RIGHT TO SAFETY CONSIDERATIONS 

• Victims have the right to have their safety considered when determining release from custody of a person accused of committing a crime against the victim. I.C. § 35-40-5-4.

5.   RIGHT TO BE HEARD 

• Victims have the right to be heard at any proceeding involving sentencing, a post-conviction release decision, or a pre-conviction release decision under a forensic diversion program. I.C. § 35-40-5-5.
  

• Victims have the right to make a written or oral statement for use in preparation of the pre-sentence investigation report. I.C. § 35-40-5-6(a).
  

• A victim's right to be heard may be exercised, at the victim's discretion, through an oral statement, submission of a written statement, or submission of a statement through audiotape or videotape. I.C. § 35-40-11-2.
  

• If a victim is in custody for committing or allegedly committing an offense, the victim may be heard by submitting a written statement to the court. I.C. § 35-40-11-3.

6.   RIGHT TO SEEK CIVIL REMEDIES 

• Victims have the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against you. I.C. § 35-40-5-7.
  

7.   SPECIAL RIGHTS OF CHILD VICTIMS

• This section applies only to a child less than sixteen (16) years of age who is the victim or alleged victim of a sex offense (as defined in I.C. 11-8-8-5.2). As used in this section, “defense counsel” includes an agent of: (1) the defense counsel; or (2) the defendant. After charges are filed against a defendant, if defense counsel would like to interview a child described in subsection (a), the defendant or defense counsel must contact the prosecuting attorney. The child has the right under section 3 of this chapter to confer with the prosecuting attorney before the interview occurs. The prosecuting attorney may not instruct the child not to speak with defense counsel.  If the parties are unable to agree to the terms of the interview, the parties may petition the court for a hearing on the terms of the interview prior to the interview taking place. The court shall review the terms suggested by the parties and consider the age of the child, any special considerations, and the rights of victims provided by I.C. 35-40-5-1 in setting reasonable terms for the interview.  I.C. § 35-40-5-11.
  

• When a child less than sixteen (16) years of age is summoned as a witness to any hearing in any criminal matter, including a preliminary hearing, a comfort item or comfort animal shall be allowed to remain in the courtroom with the child during the child's testimony unless the court finds that the defendant's constitutional right to a fair trial will be unduly prejudiced. I.C. § 35-40-5-13.

8.   RIGHT TO KNOW YOUR RIGHTS 

• Victims have the right to be informed of your constitutional and statutory rights as a victim. I. C. § 35-40-5-93.