II. History Of Crime Victims’ Rights

The crime victims’ rights movement celebrated its 30th anniversary in 2002. The official birth of the movement is considered to be in 1972 when three locally based organizations, the D.C. Rape Crisis Center, St. Louis’ Aid for Victims of Crime, and the Bay Area Women Against Rape, started providing services to victims and advocating for victims rights¹. Before the advent of the crime victims’ rights movement, victims had virtually no statutory or constitutional rights. The crime victims’ rights movement grew primarily out of grassroots activism that was often initiated by victims themselves or family members impacted by violence perpetrated against loved ones [Gregorie, et al. 2002; OVC 1999 (c)].²

Throughout the 1970s, the crime victims’ rights movement grew on the local, state and national level, focusing on providing services to victims and their families, raising the consciousness about the impact of violence and advocating for policies that support victims’ rights.

In 1974, Congress passed the first federal legislation, the Child Abuse Prevention and Treatment Act, which established a national clearinghouse to provide technical assistance and help establish model programs.
In 1974, an amendment to the Social Security Act mandated adult protective services.
The first national grassroots organization, the National Organization for Victim Assistance, formed in 1975 and focused on bringing attention to victim issues.
In 1976, advocates in St. Paul, Minnesota established the first domestic violence hotline.
Three national organizations formed by the end of the 1970s include Parents of Murdered Children, the National Coalition Against Domestic Violence, and the National Coalition Against Sexual Assault.

During the 1980s the victims’ rights movement achieved tremendous success on the federal level.

In 1981, Ronald Reagan established the President’s Task Force of Victims of Crime which made recommendations resulting in a number of important initiatives.

In 1982, the Federal Victim and Witness Protection Act provided protection, restitution and fair treatment for federal victims and witnesses of crimes.
In 1983 the Office for Victims of Crime (OVC) was established and charged with implementing the Task Force recommendations.
In 1984, Congress passed the Victims of Crime Act (VOCA), establishing the Crime Victims Fund as well as the Family Violence Prevention and Services Act, making federal funds available to serve victims of domestic violence.
In 1984, OVC established a national clearinghouse for publications and resources.
By 1986, 35 states had established victim compensation programs.
By the end of the 1980s five states had ratified constitutional amendments giving victims rights, including Texas in 1989.
Lastly, two national organizations that have brought important attention to the issues of victims formed in the 1980s: Mothers Against Drunk Driving and the National Center for Missing and Exploited Children.
Two organizations that were fundamental in establishing victims’ rights in Texas were People Against Violent Crime (est. 1982) and for the Love of Christie (est. 1987).

Victims in Texas Have the Right to: *

1. Be protected from further harm or threats for cooperating with prosecution efforts
2. Have their safety considered in the setting of bail
3. Receive information about relevant court proceedings, including appellate proceedings and decisions
4. Receive Information about a defendant's right to bail, the procedures in a criminal investigation and in the criminal justice system
5. Provide information in pre-sentence investigations about the impact of the offense and have this information considered prior to sentencing and parole
6. Receive information about the Crime Victims' Compensation Program
7. Receive Information about parole procedures and notification of defendant release
8. Be provided with a separate and secure waiting area at a trial
9. Prompt return of property held as evidence when it is no longer required
10. Have employer notified if testimony requires absence from work
11. Have counseling regarding acquired immune deficiency syndrome (AIDS) and court ordered testing for sexual offenses
12. Complete a victim impact statement and be informed of its uses
13. Be present at all court proceedings related to the offense, subject to judge's approval
14. Receive information and an explanation of these rights

* For complete text of Texas victims’ rights laws, go to: Ch.56, Sub. A, Code of Criminal Procedure (rights of crime victims) or Ch. 57, Family Code (rights of victims of juvenile crime)

Throughout the 1990s victims and their advocates continued to gain recognition and experience success on all levels.

In 1991, the first effort to include victims’ rights in the U.S. Constitution was introduced.
In 1993, the Child Sexual Abuse Registry Act passed, establishing the first national information resource about child sex offenders.
In 1993, anti-stalking measures passed in 22 states.
In 1994, President Clinton signed the Violent Crime and Control Act, establishing the Violence Against Women Act, authorizing more than $1 billion to fund programs that combat violence against women, and enhancing the provisions of VOCA.
In 1996, the National Domestic Violence Hotline was established to provide crisis intervention, information and referral to victims of domestic violence, their friends and family.
In 1997, Congress passed the first federal anti-stalking law.

Most recently, the Strengthening Abuse and Neglect Courts Act of 2000 provided $25 million in state and local grants to reduce the backlog of cases, improve automated case tracking, and expand the Court-Appointed Special Advocate (CASA) programs that serve abused and neglected children.

While significant progress has been achieved in the last three decades, advocates continue to work to expand services, improve treatment of victims, secure training for criminal justice professionals, ensure the availability of resources, and to secure their rights through an amendment to the U.S. Constitution.

1. Five states had created victim compensation programs before 1972.
2. The information for this section is compiled from Gregorie, et al. as well as a piece from Office for Victims of Crime 1999 (c).