The Silent Struggle: What the Justice System Owes to Victims of Violent Crime
Each year, millions of Americans become victims of violent crimes—an experience that leaves lasting scars not just on the individuals directly affected, but also on their families and loved ones. In 2020 alone, 1.6 million violent crimes were recorded across the United States. Though this was a decline from the 2 million cases reported in 2019, the harsh reality remains: countless victims are left to navigate the legal system while coping with unimaginable trauma.
But what rights do these victims actually have? And more importantly, are those rights truly upheld?
A Long Road to Justice: The Evolution of Victims’ Rights
Historically, victims of violent crimes were often left in the shadows, with little to no role in legal proceedings. That began to change in the 1970s and ’80s, as advocacy groups fought for crime victims to have a voice. Courtrooms started to allow victim-impact statements, and legal reforms limited the intrusive questioning of rape survivors about their personal histories.
A major step forward came in 1984, when the Victims of Crime Act (VOCA) established a federal fund to provide financial support to crime victims. Today, all 50 states and Washington, D.C., have laws granting victims certain rights, including fair treatment, notifications of legal proceedings, and access to prosecutors. But as history has shown, having rights on paper doesn’t always mean they are respected in practice.
Take the case of Halyna Hutchins, the cinematographer killed on the set of the film Rust. The district attorney handling the investigation confirmed that, under New Mexico’s Victim’s Rights Act, Hutchins’ family had a constitutional right to attend court hearings and weigh in on plea deals. Similarly, during the sentencing of serial sexual abuser Larry Nassar in 2018, 156 women stood in court to share the harrowing impact of his crimes. These statements can be powerful tools for justice, but they are not always enough to protect victims from being ignored—or even deceived—by the system.
When Rights Are Ignored: High-Profile Failures
Even with federal protections in place, victims’ rights are sometimes disregarded in shocking ways. The 2004 Crime Victims’ Rights Act requires that victims be informed about plea deals, yet that did not happen in the infamous Jeffrey Epstein case. In 2007, Epstein struck a secret deal with Florida prosecutors that allowed him to avoid federal sex trafficking charges. Many of his victims were kept in the dark or outright misled about the agreement, which resulted in Epstein serving just 13 months in jail—while being allowed out during the day.
Courtney Wild, one of Epstein’s accusers, fought to have the deal voided. A federal judge ruled that the prosecution had violated the law by keeping the agreement secret, but Epstein’s apparent suicide in 2019 led to the case’s dismissal. Wild continued her legal battle, but in 2022, the Supreme Court declined to hear her appeal.
Other victims have also faced obstacles in seeking transparency. Survivors of the 2012 Aurora, Colorado, movie theater shooting learned in 2015 that the gunman, James Holmes, had been quietly transferred to an out-of-state prison after being attacked in his original facility. His victims were never notified, and it wasn’t until 2017 that his location in Pennsylvania’s United States Penitentiary, Allenwood, was revealed. Similarly, convicted murderer Drew Peterson’s whereabouts have been kept secret by the Illinois Department of Corrections, citing safety concerns due to his former career as a police officer. However, some legal experts argue that withholding such information violates victims’ rights.
The Fight for Stronger Protections
While flaws in the system persist, efforts to strengthen victims’ rights continue. One significant initiative is Marsy’s Law, a movement backed by billionaire Henry Nicholas, whose sister Marsy was murdered in 1983. The law, which has been adopted in 13 states, ensures that crime victims are informed of their rights from the moment they interact with law enforcement. Victims receive a Marsy’s Card, outlining their legal protections and the support available to them.
Sexual assault survivor and advocate Sophia Fifner recalls that, as the daughter of immigrants, she was unaware she had rights after her assault. “Marsy’s Law changes that,” she explains. “It gives victims an opportunity to realize they have a voice and an equal space within the criminal justice system.”
Yet, even the strongest legal protections cannot address one of the biggest issues: the reluctance of many victims to come forward at all. The Justice Department reports that in 2020, approximately 60% of violent crimes went unreported. When it comes to sexual violence, the numbers are even more staggering—RAINN (Rape, Abuse & Incest National Network) estimates that only 310 out of every 1,000 sexual assaults are ever reported to law enforcement.
Advocates argue that raising public awareness is key. “The chances of us sharing our experience with a friend, a neighbor, or a teacher are much higher than reporting to law enforcement,” Fifner says. Ensuring that communities understand victims’ rights could help bridge the gap between silence and justice.
A Future of Hope?
Legal expert Paul Cassell believes progress is possible. “I’m hoping that society as a whole—not just the courts, but everyone—will recognize the important role victims play in making sure the justice system moves forward fairly and effectively.”
Though the fight for victims’ rights is far from over, the past decades have shown that change is possible. As survivors continue to speak out and demand accountability, the justice system must answer a pressing question: Will it truly stand for those who need it most?
