It should come as no surprise to learn that crime victims have rights and those rights are protected under the Utah Constitution which provides in pertinent part:
(a) To be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process;
(b) Upon request, to be informed of, be present at, and to be heard at important criminal justice hearings related to the victim, either I person or through a lawful representative, once a criminal information or indictment charging a crime has been publicly filed in court; and
(c) To have a sentencing judge, for the purpose of imposing and appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, character, and conduct of a person convicted of an offense except that this subsection does not apply to capital cases or situations involving privileges.
Although there are state and federal statutes protecting victims’ rights including state constitutional amendments, an amendment to the United States Constitution extending constitutional rights to victims has never been passed putting victims at a distinct disadvantage in the system. Currently, because victims’ rights are not guaranteed by the U.S. Constitution whereas defendant’s rights are, victims are not on equal footing with defendants as far as enforcing their rights and being provided with appropriate and meaningful remedies.
First, even though the Crime Victims’ Rights Act provides for victims’ rights enforcement through a writ of mandamus there is currently a four district split as to the appropriate standard of review leaving victims’ without an adequate remedy thereby compromising their rights. Second, none of the state statutory rights extended to victims or the Crime Victims’ Rights Act provides for civil damages as an appropriate remedy for rights violations. Although there is a question as to who would pay in the event civil damages were an option or if this is even an appropriate remedy for enforcement, it would at least provide some teeth to a statutory system of rights which might be described as un-enforceable due to a lack of available remedies. It is clear, just based on these two examples, that enforcing victims’ rights is a challenge courts are currently facing. However, within the last few years, Utah had enacted legislation which provides a remedy for victims whose rights have been violated by allowing for a “do-over” provision. Under, Utah Code Annotated 77-38-11, that as long as a victim does not unduly delay in seeking to protect their rights and was not voluntarily absent from relevant proceedings, the court must first determine whether there was a violation of rights and can proceed to determine the appropriate remedy such actions as are necessary to provide to the victim the right to which the victim was entitled which may include reopening previously held proceedings. Obviously this is a step in the right direction and will hopefully will provide a meaningful remedy should rights be violated.
Although the area of crime victim’s rights is still evolving, there are services in Utah where victims can get assistance.
• Utah Crime Victim Reparations – They assist victims, through financial compensation, to help them get their lives back on track which includes medical and dental care, mental health counseling, funeral and burial costs, cost of relocation if necessary, lost wages, loss of support to defendants and child care.
• The Department of Health and Human Services – Services include a domestic violence program through Child and Family Services and the Utah Domestic Violence Counsel which offers assistance through a 24/7 hotline which when called can offer victims free help including counseling and shelter programs.
• Utah Crime Victims Legal Clinic – Serves as a contact point, including a website, which provides victims with information outlining their rights and contact information for crime victim service agencies throughout the state including websites, addresses and phone numbers for these agencies. In addition being a great resource for victims, the Crime Victims Legal Clinic provides free legal representation to crime victims whose rights are at issue. This is possible through pro bono attorneys and law students dedicated to protecting victims’ rights.
