Victims' Rights 

Communities around the country are grappling with how to properly process large numbers of sexual assault forensic examination kits (SAKs) that have remained untested for 10, 15, 20 years or more. Determining what rights victims have in these cases is an important obligation for these jurisdictions. Survivors of these old, unresolved crimes deserve fair and sensitive treatment throughout the backlog reduction process.

States are just beginning to adopt victims' rights laws that will apply specifically to these cases (see box on the right). In the meantime, many existing victims' rights laws may be interpreted to apply in this context. These include:

• The right to be treated with fairness, dignity, and respect;
• The right to be informed;
• The right to be heard and participate in the criminal justice process;
• The right to timely disposition of the case;
• The right to notice about the status of the case; and
• The right to apply for compensation.

Seeking Victim Compensation in Sexual Assault Backlog Cases

Across the country, jurisdictions are moving to process previously untested sexual assault kits (SAKS), some of which had remained untested for decades. When such testing results in further investigation or the reopening of cases, victims may need counseling or other services to cope with the impact of the retesting.They may need to travel or take time from work to speak with investigators. To help pay for these services, they may need to seek crime victim compensation.

Read the full report HERE

State and Federal Laws

More information can be found at Sexual Assault Kit Backlog Reduction Laws for State and Federal levels.