Crime Victim's Rights
The entire staff of the Lincoln County District Attorney’s Office is committed to supporting victims and their rights as provided by the Oregon Constitution.
The following is a brief overview of crime victims rights provided by the Oregon Department of Justice (with some modified links for Lincoln County):
If you are a victim of crime, you have legal rights. The rights listed here apply in either the juvenile or the adult justice systems unless otherwise noted.
Sometimes you may have to request a right before you can use it. Once you have made a timely request of a right that applies in your case, you are entitled to that right. You may use the Victims' Rights Request Form to request any victims’ rights that you care to exercise. Because every case is different, some of the rights will not apply to you. Please contact the Lincoln County District Attorney's Victim Assistance Program or the Lincoln County Juvenile Department for help related to your specific case.
There are rights that apply generally to cases in the criminal and juvenile justice system. To get a fuller explanation of these rights, please see the Legal Rights for Crime Victims in Oregon. These general rights include:
- In most cases, you can choose a personal representative to be with you through the criminal process if you were harmed by a crime or if one of your close family members was killed as a result of a crime.
- You may be able to get financial help. There are several programs available, including the Crime Victims' Compensation Program, that help victims of crime when someone is harmed or killed.
- You can request to be notified of many court proceedings before they happen.
- You can also go to any proceedings that happen in open court when the defendant or alleged youth offender is there even if you have not asked to attend.
- You can have a copy of a recording made of any proceeding held in open court. You are expected to pay for any copies you request. Access to a juvenile delinquency transcript may be limited by confidentiality laws.
- You have the right to get some information about a defendant, alleged youth offender, convicted criminal, or youth offender.
You can know
- their conviction and sentence or juvenile disposition
- their criminal or juvenile history
- when and for how long they are imprisoned
- when they will be released.
- VINE, the Victim Information Notification Everyday service may be a good way for you to access this information.
- You have the right to reasonable protection from the defendant, convicted criminal, alleged youth offender, or youth offender as your case is being processed and decided.
- If you ask the court to keep your address and phone number from the defendant, the court will do so unless the court decides there is a good reason to give that information to the defendant. You can ask to use a substitute address on court papers.
- In a sexual offense or personal privacy offense case involving visual and/or audio recordings of sexual conduct, you can ask the Lincoln County District Attorney's Office to request a court order not to allow copying or distribution of the recordings.
- If the crime involves the transmission of body fluids, you have a right to ask the Lincoln County District Attorney's Office to request HIV testing of the person charged. The court can decide not to order the test if the person isn't convicted. If the person is convicted, the court has to order the testing if you request it.
- If the convicted person in your case has a positive HIV test, you may receive counseling and health care referrals. If you are eligible for crime victims' compensation, the Crime Victims' Compensation Program will pay for the HIV test and counseling.
Click here to visit www.oregoncrimevictimsrights.org, a web site maintained by the Oregon Department of Justice.