(*** At Victim's Request)
General Constitutional Protections Provided in Article I, Section 24 of The Alaska Constitution to All Crime Victims:
- Be treated with dignity, respect and fairness.
- Protection from accused through the imposition of appropriate bail or conditions of release by the court. (including release on appeal)
- Confer with the prosecution.
- Timely disposition of the case.
- Obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present.
- Be heard, upon request, at sentencing, before or after conviction and at any proceeding where the accused's release from custody is considered .***
- Restitution from the accused.
- Be informed, upon request, of the accused's escape or release from custody before or after conviction or juvenile adjudication .***
Rights Of Crime Victims Upon Initial Police Contact:
- Right to obtain access to immediate medical assistance.
- Transportation to safe house or shelter.
- Assistance obtaining a 72-hour protective order.
- Ability to participate, upon request, at the defendant's initial appearance before a magistrate when bail conditions are set.***
Sexual Assaults and Domestic Violence - Medical Concerns:
- Council on Domestic Violence and Sexual Assault is established within the Department of Public Safety. The council is to provide for planning and coordination of services, crisis intervention and prevention programs to victims of domestic violence, sexual assault or to their families.
- Sexual assault victims may not be charged for sexual assault exams.
- In a crime involving sexual assault where penetration is an element of an offense, a victim may petition the court to order that the defendant submit to a blood test for presence of HIV and other STDs. The defendant need not be convicted, the court may order the testing as soon as the defendant is charged by complaint, indictment, presentment, or information filed with a magistrate or court, that alleges a sexual assault involving penetration. The court may not order such testing until seven days have passed since arrest nor after a disposition favorable to the defendant.***
- If the results of a blood test conducted indicate exposure to or infection by HIV or other sexually transmitted diseases, the victim is entitled to free counseling, testing and referral to appropriate health care facilities and support services at the request of the victim.***
- Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged.
Protective Orders for Crime Victims:
- A victim of a crime involving domestic violence may file a petition for a protective order against a household member. A parent, guardian, or other representative may file a petition for a protective order on behalf of a minor.***
- A certified copy of an unexpired protective order issued in another jurisdiction and filed with the clerk of court in any judicial district in this state, has the same effect and must be enforced in the same manner as a protective order issued by a court of this state. .***
Privacy Rights of Crime Victims:
- In a crime involving kidnapping, sexual assault, sexual assault of a minor, or indecent exposure, the name of a victim is not public record and may not be used in court documents, instead the victim's initials will be used.
- The residence and business addresses and telephone numbers of a victim of a crime or witness to a crime are confidential.
- Victims are not required to speak with defense counsel and may request the presence of a prosecuting attorney or other person present during an interview.***
- If a victim agrees to be interviewed by the defense, the interview may not be recorded unless the victim gives permission to record the interview and a copy of the tape is furnished to the victim upon request. If the victim is a minor, the parent or guardian must provide written consent prior to the interview even if the interview is not recorded.***
- Applications to the Violent Crimes Compensation Board are confidential.
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