Right to Reasonable Protection
Victims’ rights laws often include a victim’s right to safety from the accused perpetrator. This may be a constitutional amendment granting a broad right; for example, Connecticut’s constitution grants crime victims the “right to be reasonably protected from the accused throughout the criminal justice process.”1 The right to protection may also be acknowledged within specific state statutes that have the goal of keeping victims/witnesses safe, some examples of which are:
- provisions for protection orders related to the criminal case
- provisions regarding notice of the perpetrator’s release from custody
- provisions for maintaining privacy of the victim’s personal or contact information during the pendency of the case and/or testimony.
Note that this right to protection is generally preceded by the word “reasonable,” which means that the government (prosecution, law enforcement, etc.) is only required to take steps towards maintaining the victim’s safety but cannot ensure it with any certainty. What constitutes “reasonable” is fact-specific and dependent on individual state law and case law. Consult your agency’s state-specific supplemental guide regarding applicable victim protection laws in your state.
Victims themselves can keep constant track of a defendant’s custody status through the Victim Information and Notification Everyday (VINE) system. This free system allows victims to access information about a defendant’s custody status and, in some instances, case and protective order information, 24 hours a day/7 days a week. It can be accessed through www.vinelink.com or through your participating state’s toll free phone number. Advocates should ensure that victims are made aware of its availability and how to access it for their own cases.
Disclaimers and Footnotes
1. Conn. Const. art.1 §8(b)(3).