Each year, millions of Americans are traumatized by violent crimes. Behind every statistic is a human life torn apart—someone who’s left not only with wounds but with questions: What are my rights? Will the system protect me?
In 2020 alone, 1.6 million violent crimes were reported in the U.S. But what remains hidden is the painful truth that many victims don’t know their rights—and even when they do, those rights are often ignored.
Here’s what every survivor—and every community—should know.
The Evolution of Victims’ Rights in America
Until the 1970s, victims were almost invisible in the courtroom. They had no voice, no standing, and no guaranteed role in the prosecution of their attackers.
That began to change with the rise of victims’ advocacy movements, which demanded dignity, representation, and legal protections. In 1984, the Victims of Crime Act (VOCA) created a federal fund for survivors. Since then, all 50 states have enacted laws granting core rights, including:
- The right to be treated with fairness and respect
- The right to notification of proceedings and releases
- The right to make a victim-impact statement
- The right to be present at court hearings
- The right to restitution and access to support services
Still, the existence of rights doesn’t always mean they’re enforced.
When the System Fails Victims—Even With Laws in Place
In theory, the 2004 Crime Victims’ Rights Act (CVRA) ensures transparency and participation. In reality, it’s sometimes ignored—especially in high-profile cases.
Take Jeffrey Epstein, whose secret 2007 plea deal excluded his victims entirely. Despite clear legal obligations, dozens of survivors were denied their right to be informed or consulted. Though a judge ruled their rights had been violated, the case was dismissed after Epstein’s death. Courtney Wild, one of his victims, took her fight all the way to the U.S. Supreme Court—only for it to be declined in 2022.
“I was denied my right to speak, to know, to matter,” Wild said. “That’s not justice.”
The failure wasn’t isolated.
When Transparency Disappears: The Aurora Case & Beyond
Victims of the 2012 Aurora movie theater massacre were stunned to learn—three years after the fact—that gunman James Holmes had been secretly transferred to another prison. The families were never informed.
In another example, Drew Peterson, a former police officer convicted of murder, was quietly moved to an undisclosed facility in 2019. Officials cited safety concerns, but legal experts argue that this withholding of information may violate victims’ rights to be notified.
“Safety shouldn’t override the legal right of victims to know where the criminal is,” says victim advocacy attorney Rachel Levin.
Marsy’s Law: A New Generation of Protections
To fix these systemic issues, some states have embraced Marsy’s Law, a powerful constitutional amendment named for Marsalee “Marsy” Nicholas, who was murdered by her ex-boyfriend in 1983.
Marsy’s Law ensures that victims are informed from the moment a crime is reported. They’re given a Marsy’s Card, outlining rights such as:
- Notification of bail and sentencing
- The right to speak at parole hearings
- Legal standing in plea deals
- Protection from the accused
It’s now in effect in 13 states, but critics say enforcement still varies widely by region.
“Knowing your rights shouldn’t depend on your zip code,” says advocate Sophia Fifner, a sexual assault survivor.
The Hidden Crisis: Most Victims Never Report the Crime
Even the strongest laws can’t help those who remain silent. According to the Justice Department, 60% of violent crimes go unreported. For sexual assaults, that number rises dramatically.
RAINN estimates that only 31% of sexual assault survivors contact police. Many cite fear, shame, or distrust in the system.
“We’re more likely to tell a friend, a teacher, or a coworker than to go to the police,” says Fifner. “That’s why public awareness is so critical.”
Educating communities on victims’ rights in violent crimes could help bridge the gap between trauma and justice.
Your Legal Rights as a Victim of Violent Crime
Here’s what you may be entitled to, depending on your state:
| Right | What It Means |
|---|---|
| Notification | You must be informed of all major developments—arrests, court dates, plea bargains, parole hearings |
| Participation | You have the right to attend and speak at key court proceedings |
| Restitution | You may be eligible for financial reimbursement for medical expenses, counseling, or lost wages |
| Protection | The justice system must offer safeguards against intimidation or harassment |
| Respect & Dignity | Authorities are legally required to treat you with compassion and fairness |
These aren’t just words—they’re legal obligations. But someone has to hold the system accountable.
What You Can Do If Your Rights Are Violated
If your rights are ignored or denied:
- Document everything: Dates, names, missed notifications
- Contact a victims’ rights attorney or local legal aid
- Report to your state’s Victim Rights Ombudsman
- File complaints through the Department of Justice’s Office for Victims of Crime
Remember, your voice matters. And the law is on your side—even if the system forgets.
Frequently Asked Questions
What is Marsy’s Law?
Marsy’s Law is a victims’ rights amendment that ensures survivors are informed and included in the criminal justice process from the start.
Do all states guarantee victims’ rights?
Yes, all 50 states and D.C. have some form of victims’ rights law, but the strength and enforcement vary widely.
Can I attend court if I’m a victim?
In most cases, yes. You have the right to be present and give impact statements, especially during sentencing.
What if the criminal is moved or paroled?
You are supposed to be notified. If not, it could be a violation of your legal rights.
What financial help is available for victims?
You may qualify for restitution, crime victim compensation funds, and other support services.
How do I find out what rights apply in my state?
Visit https://www.victimconnect.org or contact your state’s victims’ advocacy office.