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Indiana - Crime Victims' Rights

Rights Granted to Victims of a Crime in the State of Indiana.

By , About.com Guide

  • A victim has the right to be treated with fairness, dignity, and respect throughout the criminal justice process.
  • A victim has the right to be informed, upon request, when a person who is accused of committing or convicted of committing a crime perpetrated directly against the victim, is released from custody or has escaped. This includes release or escape from mental health facilities.
  • A victim has the right to have the victim's safety considered in determining release from custody of a person accused of committing a crime against the victim.
  • A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or the conviction, sentence, and release of a person accused of committing a crime against the victim.
  • A victim has the right to be heard at any proceeding involving sentence or a post-conviction release decision. A victim's right to be heard may be exercised, at the victim's discretion, through an oral or written statement, or submission of a statement through audiotape or videotape.
  • A victim has the right to make a written or oral statement for use in preparation of the pre-sentence report. The victim also has the right to read pre-sentence reports relating to the crime committed against the victim in order that the victim can respond to the pre-sentence report.
A victim has the right to confer with a representative of the prosecuting attorney's office after a crime allegedly committed against the victim has been charged; before the trial of a crime allegedly committed against the victim; and before any disposition of a criminal case involving the victim.

This right applies in the following situations:

  • The alleged felony was directly committed against the victim.
  • The alleged felony or misdemeanor was an offense against the person, which includes the crimes of:
    • Battery
    • Domestic Battery
    • Aggravated Battery
    • Battery by Body Waste
    • Criminal Recklessness
    • Intimidation
    • Harassment
    • Invasion of Privacy
    • Pointing a Firearm

  • The alleged felony or misdemeanor was committed against the victim by a person who:
    • Is or was a spouse of the victim;
    • Is or was living as if a spouse of the victim;
    • Or has a child in common with the victim.
For other misdemeanors, a victim must file a request for notice, which includes a current telephone number and address.

A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a crime against the victim.

A victim has the right to be informed of the victim's constitutional and statutory rights.

More Information on Victims' Rights in Indiana

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