Victims’ Rights & How DA’s Office Staff Help Crime Victims Navigate the Court Process
Crime Victims Rights Week is held each year in April. First observed nationally in 1981, Crime Victims’ Rights Week brings awareness of victims’ rights, the importance of healing in the criminal justice process, and the people who work to support victims of crime.
Here, we highlight victims’ rights in North Carolina and Durham DA’s Office staff who support and inform victims throughout the court process.
How the DA’s Office Works with Crime Victims
Although the District Attorney’s Office has a duty to protect the rights of defendants and to act in the interest of our entire community, working with crime victims to understand what happened and to find a just outcome is central to the work of the Office.
While prosecutors frequently meet with victims, the main points of contact for crime victims in the DA’s Office are victim service coordinators (VSCs) and legal assistants. The Durham DA’s Office employs five VSCs and nine legal assistants.
These staff members contact victims in a case, detail the court process and explain resources and services available. One of the initial — and most critical — steps in ensuring victims are heard and kept informed throughout the court process is the Victim Impact Statement. A Victim Impact Statement allows victims to explain the emotional and physical impacts of the crime, opt-in to receive notifications about court proceedings, and detail any financial losses and medical expenses associated with the crime.
As cases progress through the court system, VSCs and legal assistants coordinate victim and witness appearances in court and provide support during proceedings. This may include arranging child care, transportation and lodging so victims can come to court, or simply sitting with that victim in the courtroom, a box of tissues in hand.
Brittany Connor, who has worked as a victim service coordinator with the Durham DA’s Office for nearly two years, says it’s critical to foster trust with crime victims — especially in her role with the Special Victims Unit, which prosecutes traumatic and sensitive crimes, like sexual assaults, domestic violence and child abuse. Victims may have to talk about these events, answer personal questions, or face their attacker in court. Staff with the Special Victims Unit, which was created by District Attorney Satana Deberry in early 2019, receive training on working with people who have experienced trauma and work closely with victim advocates who can provide support and safety planning.
“It’s important as a victim service coordinator to build a relationship with the victim so they feel comfortable communicating with us throughout the court process,” Connor said. “We want the victim to feel that justice has been served in the end.”
In order to ensure crime victims feel safe and comfortable during sometimes long and emotional visits to court, the Durham DA’s Office converted one of its conference rooms into a dedicated space for victims, witnesses, and their families last year. The idea came from Legal Assistant Christie Keith, who noticed a need for a kid-friendly place for families to wait during breaks in court proceedings. The room has been stocked with a television, gaming system, toys, art, victim services information, and community resource guides. In addition to items donated by staff, the project was provided by the NC Conference of District Attorneys through a federal grant awarded by the NC Governor’s Crime Commission.
Crime Victims’ Rights
In 2018, North Carolina voters approved a constitutional amendment on crime victims’ rights. Many of these rights already existed under state law and were already in effect in our courts. The types of crimes covered were expanded to include felony property crimes in addition to crimes against a person, including alleged crimes by juveniles. This law applies to offenses committed on or after August 31, 2019.
Under the law, crime victims in North Carolina have the right to:
- Be given information about the crime, how the criminal justice system works, the rights of victims and the availability of services.
- Upon request, to receive reasonable, accurate and timely notice of court proceedings. This includes a plea that disposes of the case or the conviction, sentencing, or release of the accused. It does not include initial appearances before a magistrate or first appearances before a district court judge.
- Upon request, to receive information about the conviction, final disposition and the sentence.
- Upon request, to receive notification of escape, release, proposed parole or pardon or notice of a reprieve or commutation of the accused’s sentence. To receive information about a defendant’s confinement or release, register with North Carolina Statewide Automated Victim Assistance and Notification at 1–877-NC-SAVAN or www.ncsavan.org To receive information about people on probation, in prison or on parole, contact NC Department of Public Safety Victim Services at 1–866–719–0108 to enroll in their notification program.
- To reasonably confer with the District Attorney’s Office.
- To present their views and concerns in writing, to the Governor or agency considering action, that could result in the release of the accused.
- Upon request, to be present and heard at court proceedings involving the plea, conviction, sentencing, or release.
- To receive restitution when ordered by the court.
Victim Compensation
The Victims’ Compensation Program is administered by the Department of Public Safety and provides assistance to people who incur medical expenses or lost wages as a result of a crime. Under state law, the victim, his or her survivors, or a legal representative may file a claim within two years to receive compensation.
The program pays for losses not covered by other sources, such as health insurance, restitution, or Medicaid. The program does not pay victims for damaged or stolen property, or for pain and suffering.
Reimbursement of medical expenses is capped at $30,000. A maximum of $5,000 may be paid for funeral expenses if the victim dies as a result of the crime. Benefits for are paid directly to the service provider. On average, claims take about three to six months to process.
More information about victim compensation eligibility and the application process can be found through the NCDPS website.
