National Indian Country Clearinghouse on Sexual Assault

Victim Rights

In many instances, rape or sexual assault committed by an Indian in Indian Country is a federal crime.  In 2004, Congress passed the Crime Victims’ Rights Act (18 U.S.C. § 3771), also known as the CVRA. This landmark federal legislation secures eight, major rights to federal victims of crime:

 

  • The right to be reasonably protected from the perpetrator
The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or any release or escape of the perpetrator
The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding
  • The right to be reasonably heard at any public proceeding in the district court involving the perpetrator’s release, plea,
 
  • plea, sentencing, or parole proceedings;
The reasonable right to confer with the attorney for the government in the case
The reasonable right to confer with the attorney for the government in the case
The right to full and timely restitution as provided in law
The right to proceedings free from unreasonable delay
  • The right to be treated with fairness and with respect for the victim's dignity and privacy

 

While the CVRA applies solely in federal jurisdictions, all states (and an increasing number of Tribes) have also adopted their own victims’ rights legislation.  More than 100 Tribes have adopted some form of victims’ rights legislation. Some tribes have modeled victims’ rights codes after the federal and/or state statutes. Notification of hearings and the right to be heard during the sentencing phase are other common victims’ rights provisions in tribal codes.

American Indian/Alaskan Native women are citizens of their tribe, the state in which they live, and of the United States.  Sexual assault victims may access state victim compensation funds for crimes reported to state, tribal, or federal law enforcement that are not prosecuted by the federal government.  Federal victim compensation funds are available for crimes committed under federal law.

Publications:

 

Statutes - 2

State and Territorial Victim Rights Statutes - 12

Other Resources - 10

 

Full Publication List

 

 

  • Featured Publications

 

Public Hearning on Victim Issues in Probation and Parole Recommendation Report

 

Public Hearing on Victim Issues in Probation and Parole Recommendation Report

 

 

 

 

 

 

 

 

 

 

 

The report, funded and distributed by the Office for Victims of Crime, summarizes comments from the panel of crime victims and survivors and provides 10 recommendations for improving services to victims and survivors throughout the community corrections process.

 

 

Public Hearning on Victim Issues in Probation and Parole Recommendation Report

 

Promising Practices in Indian Country

 

 

 

 

 

 

 

 

 

 

 

This monograph, funded and distributed by the Office for Victims of Crime, describes promising practices for assisting victims of violence and abuse in 12 Indian Country locations throughout the United States. Each description includes the program's keys to success, relevant demographic data, and a contact for further information.

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2013

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy