Legal Rights Of Victims Of Sexual Assault

(Rights #1-6 apply to adult victims of crime, and in most cases applies to juvenile victims also since charges in juvenile court are likely to be bound over to adult court.)

  1. Free Rape Exams – Under O.R.C. 2907.28, any cost incurred by a hospital or other emergency medical facility in conducting a medical examination of a victim for the purpose of gathering physical evidence for a possible prosecution shall be charged to the appropriate local government agency.
  2. "Rape Shield" Laws – Under O.R.C. 2907.02 (D) a victim's past sexual history shall not be admitted into court, unless the court specifically finds limited exceptions.
  3. Do Not Have To Prove Force –Under O.R.C. 2907.02 (C) (rape) and O.R.C. 2907.05(C) (Gross Sexual Imposition) a victim need not prove physical resistance to the offender in prosecutions under this section.
  4. Spousal Rape is a Crime – Under O.R.C. 2907.02 (A) (2) & (G) spousal rape is a crime. Offender is not allowed to use the defense of being married or cohabiting at the time of the commission of the offence.
  5. Testing the Accused for Venereal Diseases and HIV – Under 2907.27 when the victim of a sexual assault or the prosecutor in the case requests the defendant to be tested for venereal and HIV diseases, the court is required to have the tests performed, and the offender re-tested within 6 months.
  6. Hire An Attorney – Per O.R.C. 2907.02 (F) upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence regarding the victim's past sexual activity.
    By law, rights 6-20 pertain to victims in proceedings through Juvenile Court and adult courts.
  7. Notification of Hearings – Under O.R.C.2930.06 (C) upon a request of the victim, the prosecutor shall notify victim of any court proceedings and related court schedule changes.
  8. Attend Hearings –Under O.R.C. 2930.09 a victim in a case may be present whenever the defendant in the case is present during any stage of the case, other than a grand jury proceeding, unless the court specifically finds it would cause an unfair trial.
  9. Victim Impact Statements –Under O.R.C. 2930.13 (A) Victims may make a written or oral statement for any victim impact statement or pre-sentence investigation (PSI) that a judge orders. If the victim requests, the victim's written statement must be included in the PSI.
  10. Confidentiality – Under O.R.C. 2930.07 concealment of victim's or representative's address, telephone number, and similar identify facts may be requested. Under O.R.C. 2921.22 and adult victim (18 and older) of sexual assault may disclose his/her sexual assault in confidence to a "bona fide program" providing counseling services, and the program is not required to report identifying information to the law enforcement.
  11. Employment Protection – Under O.R.C. 2930.18 a victim has the right, at the prosecutors request, to attend any reasonably necessary preparation or criminal proceeding without his/her employer discharging, disciplining or otherwise retaliating against the victim or family member.
  12. Property Return – Under O.R.C. 2930.11 the law enforcement agency responsible for investigating a crime shall promptly return to the victim of the crime any property of the victim that was taken in the course of the investigation.
  13. Objections to Delays in Court Process – Under O.R.C. 2930.08 a victim may object to the motion, request, or agreement between counsel that might result in a substantial delay in the prosecution of the case.
  14. Victim Compensation – Per O.R.C. 2743.191 victims must be told by Law Enforcement about a fund of money, collected from criminals, of up to $50,000 to pay for out-of-pocket costs related to the crime including: mental health expenses, sexually transmitted disease testing, pregnancy testing in some cases, pre-natal care and delivery, post-natal care for the mother, other hospital expenses, and wages lost from not working.
  15. Separate Waiting Area During Court Proceedings – Under O.R.C. 2930.10 (A) the court shall provide a waiting area for the victim, members of the victim's family, the victim's representative, or witnesses for the prosecution that is separate from the waiting area provided for the defendant and the defendant's family members.
  16. Hire an Attorney – Per O.R.C. 2907.02 (F) upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence regarding the victim's past sexual activity.
  17. Consultation Prior to Plea Bargaining – Per O.R.C. 2930.06 (A) Prosecutors must, "to the extent practical", confer with the victim before a plea bargain, diversion, amendment, dismissal, or trial.
  18. Appeal and Release of Defendant – Per O.R.C. 2930.15 (A) (1-4) victims have the right to information of an appeal, the process of the appeal, release of the defendant, time and place of appeal, and results of the appeal.
  19. Incarceration, Release Date, and Contact Person Regarding the Defendant – Per O.R.C. 2930.16(A) victims have the right to know the incarceration of defendant, the likely release date, and the contact information of the custodial agency.
  20. Notification of Judicial Release – Per O.R.C. 2930.16(B) victims have the right to know of judicial release hearings and to make a statement at any hearings for judicial release. The court must notify the victim of the result after any release hearings.
  21. Support Person – Per O.R.C. 2930.10(A) at the victim's request, the judge must permit a support person to accompany the victim unless the judge rules this will cause an unfair trial for the defendant.

 

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