Victims of crime often sufferand lost productivitybillion annually Th

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Office of Justice ProgramsOffice for Victims of CrimeNew Directions from the FieldVictimsRights and Services forthe 21st CenturyVictimsrights litigation if successful vindicates the rights ofthe immed Download

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1 Victims of crime often sufferand lost pr
Victims of crime often sufferand lost productivity,billion annually. Theprice of the pain, suffer-annually.losses. In particular,tion rarely, if ever,continuing pain and suffer-ing. Ajudgment in a civil suit Office of Justice Programs Office for Victims of Crime New Directions from the Field:VictimsÕRights and Services forthe 21st Century [VictimsÕrights] litigation, if successful, vindicates the rights ofthe immediate victim. . . . Perhaps more importantly, if a body ofvictimsÕrights law develops, it will have the preventive aspect ofputting would-be criminals and third parties who are responsibleaddition to punishing the wrong-doer.Frank Carrington, Founder, VictimsÕAssistance Legal Organization Message from The Director ew Directions from the Field: VictimsÕRights andnation. The report represents a significant maturationin the field of victimsÕrights and services since thePresidentÕs Task Force on Victims of Crime releasedNew Directions 21st century.New DirectionsyearsÕwork by over 1,000 individuals in the victimsnational victim advocacy and service organizations,notes of each of the 18 chapters. The work of thesethis material has been supported by the Office forVictims of Crime (OVC). The report and recommenda-tions represent views from the field, however, and doJustice. Moreover, while the recommendations maynot reflect all of the individual contributorsÕviews, theDirectionsAs we move into the 21st century, New Directionstims well into

2 the next century. As comprehensive asthi
the next century. As comprehensive asthis report is, however, the real challenge begins now.to see how you can implement improvements in a man-Kathryn M. TurmanActing DirectorOffice for Victims of Crime OfÞce for Victims of CrimeOVC Bulletin Advocating for the FairTreatment of Crime VictimsNew Directions New Directions from the Field: VictimsÕRights and Services for the 21st Century action alone. s Task Force onVictims of Crime did not address theuse of civil litigation to secure reliefThe Task Forcefocused entirely on recommendationsged as ameaningful option for crime victimsThis progress has been duein large part to the legal research andadvocacy efforts of the late FrankCarrington, a member of the TaskForce. Throughout the 1980s, Mr.Carrington provided legal advice andWith support from the Officefor Victims of Crime, he teamed upwith the National Victim Center in1990 to create the nationÕs first trainingseries on civil legal remedies for crimerights throughthis nationwide training series.High-profile cases in recent yearshave highlighted the financialpursue civil litigation. In one case,$33.5 million was awarded to the3andin another, $5.2 million was awardedto a woman sexually assaulted at aVegas convention.4Othersuccessful civil lawsuits were5and bytwo adult sisters who were sexually6These cases havedramatically raised the consciousnessIn addition to compensating victimsfinancially for their losses, civilVictims decidewhether or not to pursue

3 a civil suit,-ing a less rigorous measur
a civil suit,-ing a less rigorous measure of the. Adefendant can be required to testify atfer. Civil litigation can have preventativeeffects as well. Civil suits may bebrought against other parties involvedor office building may be sued by arape victim for security violations. Thiskind of lawsuit may change the wayHowever, the ability of victims toseek civil remedies has beenoptions for pursuing acivil lawsuit, including how to. Providing CriticalInformation to Victims , information aboutpursuing civil remedies has not been, andvictim service providers and victims¥The Coalition of Victim Attorneysand Consultants (COVAC), anationwide referral service forVictim Center(NVC) in Arlington, Virginia.COVAC consists of attorneys withexperience representing crime-sionals from other fields who serve By pursuing civil litigation claims,crime victims have often found theestitution and thesense of justice that eluded them in the criminal justice system. Jay Howell, Attorney and Victim Advocate,Jacksonville, Florida The group is the membership armof NVCÕs Carrington VictimsÕLitigation Project (CVLP), whichhascompiled a Civil Justice Case Law¥The organization One Voice inWashington, D.C. has compiled adatabase of attorneys who handleIn order for any attorney network tobe successful, however, crime victimsmust be informed of their right toficers, prosecu-tors, and victim service professionals.Legislative Changes enacted numerous laws to assistwithin which people

4 must file suit.Many states now extend t
must file suit.Many states now extend the statute. Connecticut, forexample, established one of the, or age 35. Civilactions in these cases are alloweds reason fornot bringing the action earlier. Otherlaws enable adults who were7-based violence, stalking,and hate-motivated violence. TheViolence Against Women Act(VAWA) of 1994 introduced a newcivil remedy for victims of sexual.Ó8Under this provision ofthe Act, anyone who commits acrime of violence motivated by thes gender is liable to thevictim for compensatory andVAWAallowsrestitution ordered for expenses, lost income,and attorneyÕs fees in criminalgender-motivated cases to beenforced like a civil damage award., all 50 states and theDistrict of Columbia have enactedstalkers. Afew state legislatureshave also enacted laws that create a9Finally,many laws have been passed thats race, color, national origin,religion, gender, sexual orientation,disability, or age.10Recommendations fromthe Field for Civil Remedies CIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #1 Crime victims should be fullyinformed of their legal rights topursue civil remedies.It is always the victimÕs decisionwhether or not to pursue a civil. It is alsosolely the victimÕs decision to select acivil attorney. Victim serviceproviders, however, can serve as avital source of information to helpNew Directions from the Field: VictimsÕRights and Services for the 21st Century ding to a recent USA Todayopinion poll, the American public ise knowl

5 edgeable about victimsÕcivil legal righ
edgeable about victimsÕcivil legal rights resulting from boththe increased attention at state andnational levels, and more mediaattention afforded to victimsÕ civil litigation.Crime VictimsÕ Litigation QuarterlyNational Victim Center, May 1997 New Directions from the Field: VictimsÕRights and Services for the 21st Century victims make decisions that are wellinformed. When victims express aninterest in filing a civil lawsuit,ficials should be able to providecrime victims with basic informationCIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #2State and local networks of civilattorneys who have experiencerepresenting crime victims shouldbe expanded. Education andemedies forvictims should be offered toattorneys to increase the pool ofqualified lawyers in thesetise among memberattorneys. Non-attorney expertsand professionals should partici-pate in these trainings andneys onvictim issues and make theirepresentation more effective. Victims need referrals to experi-enced civil attorneys. Membershipganizations for attorneys such asthe American Bar Association, theAmerican Trial Lawyers Associa-tion, local bar associations, and-tion on behalf of crime victims toVictimAttorneys and Consultants. Barassociations should cosponsorissues in civilcases. Specialized continuing legalCIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #3Increased efforts should be madeto identify consultants with thetise to testify on issuesrelevant to victimization in civiland criminal cases.Exp

6 ert consultants are often crucialto succ
ert consultants are often crucialto successful ligation and prosecu-tion. Not only do they provide vital, and forensicevidence. Legal organizations andassociations should encourage theexpert witnesses while formingbetter partnerships with their profes-sional organizations (for example,the International Association ofProfessional Security ConsultantsAssociation ofTrauma Counselors). CIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #4Civil attorneys should work withvictim service providers, lawenforcement officials, andprosecutors in their communitiesto develop an easy-to-understandemedies forcrime victims.Most crime victims do notunderstand the criminal, let alone theCIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #5Civil attorneys should providetraining to victim serviceproviders on civil remedies forcrime victims.The Office for Victims of Crime hasfunded the development of a curricu-lum for victim service providers onThetraining has been conducted in 15 program or a workshop that is part ofa larger statewide or regional confer-ence. Training for victim serviceproviders in civil litigation should beCivil LegalRemedies for Crime Victimsas abasic text. This training should beheld jointly with training for lawyersCIVIL REMEDIES RECOMMENDATIONFROM THE FIELD #6Statutes of limitations for civilactions involving child abuseelating to other criminalacts to determine whether theyshould be extended to provide ameaningful opportunity for crimevictims to obtain needed re

7 lief.Many states have extended the statu
lief.Many states have extended the statuteof limitations for bringing cases11Civil extensions for childsexual abuse cases are most oftenThisÒdelayed discoveryÓ is frequently due-nied by repression of the memory of.New Directions from the Field: VictimsÕRights and Services for the 21st Century New Directions from the Field: VictimsÕRights and Services for the 21st Century Carrington,F., ictimsÕRights Litigation:A Wave of the Future?,11 U.RICH.L.REV.,Spring:447,454 (1977).2Miller,T.,Cohen,A.M.and B.Wiersema,Victim Costs and Consequences:A New Look,Washington,DC:National Institute of Justice,U.S.Department of Justice,1996:2.3Rufo,et al.v.Simpson,et al.,SC 031947 (Cal.Super.4Coughlin v.Hilton Hotels Corp.,879 F.Supp.1047 (Nev.1995),affÕd112 F.3d 1052 (9th Cir.1997).5Hattoriv.Peairs,662 So.2d 509 (La.Ct.App.1995).6Sabiav.State of Vermont,164 Vt.293,669 A.2d 1187 (1995).7See The Child Abuse Accountability Act of 1994,Pub.L.No.103-358,(codified at vTitle 5,U.S.C.).8SeeThe Violent Crime Control and Law Enforcement Act of 1994,Pub.L.No.103-322,Title IV,Subtitle C,¤40302,108 Stat.1941(codified at 42 U.S.C.¤ 13981).9See CAL.CIVILCODE¤1708.7 and WYO.STAT.A.CaliforniaÕs law allows victims of stalking to sue perpetrators for punitivedamages.10Representative statutes include:CAL.CIVILCODE¤51.7;FLA.STAT.A.IOWACODE¤729A.5;MICH.COMP.LAWS¤28.344;N.J.REV.STAT.2A:53A-21 and OKLA.STAT.¤21.850.11See e.g.,CAL.CIVILCODE¤340.1;CONN.G.STAT.ME.REV.STAT.A.and NEV.REV

8 .STAT.¤11.215. The report and recommend
.STAT.¤11.215. The report and recommendationsrepresent views from the field, and doThe Office for Victims of Crime is acomponent of the Office of JusticePrograms, which includes the BureauAssistance, the Bureau ofJustice Statistics, the National Institutefice of JuvenileJustice and Delinquency Prevention.To obtain a copy of the full report,New Directions from the Field:VictimsÕRights and Services for the21st Century,contact the OVCResource Center at 800-627-6872, org, or send inthe order form below. y for First Class Postage No. Copies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _y for Book Rate Postage No. Copies _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ganization: Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ der Form August 1998NCJ# 172826 U.S. Department of JusticeOffice of Justice ProgramsOffice for Victims of CrimeWashington, D.C. 20531Official BusinessPenalty forPrivate Use, $300BULK RATEPOSTAGE & FEES PAIDDOJ/OVCPermit N

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