Your rights and responsibilities as a crime victim
If you have been a victim of any of the crimes listed below (or, in the case of a murder, if a member of your family has been killed), Ohio law gives you a variety of specific rights before, during, and after the trial or juvenile proceeding.
Any felonious crime (i.e. murder, rape, kidnapping, felonious assault)
Intimidation of crime victim or witness
Menacing by stalking
For more information, see Picking Up the Pieces: Your Rights and Responsibilities as a Crime Victim published by the Ohio Attorney General's Office
[See Ohio Revised Code Section 2950.01 (A)]
For more information on crime victim rights, visit nvcap.org
The proposed amendment is now pending before 113th congress (2013-2014) as house joint resolution 40.
STATEMENT OF DAVID L. VOTH
DIRECTOR, CRIME VICTIM SERVICES, ALLEN & PUTNAM COUNTIES, OHIO
BOARD MEMBER, NATIONAL VICTIMS CONSTITUTIONAL AMENDMENT NETWORK
BEFORE THE CONSTITUTION SUBCOMMITTEE
COMMITTEE OF THE JUDICIARY
U.S. HOUSE OF REPRESENTATIVES
MAY 9, 2002
Mr. Chairman and Members of the Committee, I am pleased to testify about my passionate desire to see H.J.R. 91 enacted as the 28th Amendment to the United States Constitution. I have been Director for 17 years of a non-profit crime victim assistance program serving all types of victims with a Restorative Justice philosophy, and I helped draft Ohio’s Victims Rights Law and Constitutional Amendment. I am convinced that only a federal Victim Rights Amendment will cause essential victim rights to be meaningful, permanent, consistent, and accessible.
Levels of Sexual OffendersThere are certain offenses which qualify the offender as a Sexually Oriented Offender. They are: a) Regardless of victim's age: rape sexual battery gross sexual imposition murder (sexually oriented) or similar laws in Ohio or other states, including attempt, conspiracy or complicity to any sexually oriented offense. b) If the victim is under 18 and offender is not a parent: kidnaping abduction unlawful restraint child stealing endangering children (sexually oriented) corruption of a minor compelling prostitution pandering obscenity criminal child enticement creating nudity oriented material or performance Every offender convicted of a second sexually oriented offense, regardless of the date of the first offense can be designated as a Habitual Sex Offender. Every offender convicted or released after 1-1-97, of a sexually oriented offense is presumed to be a Sexual Predator unless the judge, in a required hearing, determines otherwise by clear and convincing evidence. Judges may consider any prior convictions, victim's age, use of drugs or alcohol to impair the victim, sexually deviant behavior, whether threats or acts of torture were used, offender personality disorder, or other behavioral characteristics to determine the offender's status. Judges may later determine to drop the offender's predator status. Hearsay evidence is admissible.
SentencesEach crime has certain sentence options allowed by law, but sexual predators must be sentenced to a minimum two years and up to life in prison (not local jail). The judge can later reduce the sentence or the "predator" status. Offenders convicted with a sexually violent predator specifications must be sentenced to life in prison without parole when that option is available for the crime (except for death penalty cases). Any mandatory sentences for firearms or repeat violent offenders, or prior sentences for sexually violent predator convictions must be served consecutively. Offenders must submit to DNA collection.
Registration RequirementsRequirements include registration with sheriff and verification of changes in residence. Failure to register is a felony 5th degree if original offense was a felony, a misdemeanor 1st degree otherwise. Sexually oriented Offenders must register annually for ten years. This is the minimum that applies to all offenders convicted of a sexually oriented offense; and also applies retroactively to similarly convicted offenders who were or are currently incarcerated. All offenders must also personally register within 7 days prior to establishing residence or when visiting for more than 7 days. Offenders who are not "habitual" or "predator" offenders are not subject to victim and community notification. Possible Enhancements above the minimum requirement may be ordered by the sentencing judge. Habitual Sex Offenders may be required to register annually for twenty years (may be changed by court order). Sexual Predators and Sexually Violent Predators may be required to register every 90 days for life (may be changed by court order.)
Victim & Community NotificationSheriff's registration information is public (A.G. Opinion 97-038): name, identifying factors, criminal history, photograph and fingerprints, employer name & address, and residence address. For Habitual Sex offenders (if court ordered) and all Sexual Predators. Victims, if requested to sheriff or judge, and adjacent neighbors must be notified within 72 hours of registration. Other community notifications include area Children Services, school, pre-school and day care programs, college, & local police. Ohio's county by county sex offender links Allen County's Sex Offender Registry
Victim Rights Under Ohio Revised Code
For more information on crime victim rights, visit nvcap.org.