Advocacy

Victims’ Rights in Indiana

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.

Related Victims Rights Statutes:

Article I, § 13(b) Indiana Constitution – Victim Rights Amendment

IC 33-14-10 Victim Assistance Programs – Duties of Prosecutor

IC 16-21-8-6 Hospital Services for Sex Crime Victims

IC 31-6-11 Reporting / Investigation of Child Abuse or Neglect

IC 35-33-12 Crime Victim Notification of Offender Release

IC 35-35-3 Crime Victim Notification of Plea Agreements

IC 35-37-4-11 Crime Victim Safeguards In Court

IC 35-37-6 Victim Counseling

IC 35-38-1-8 Victim Input at Sentencing

IC 35-46-1-14 Immunity for Reporting of Neglect or Exploitation

IC 5-2-12 Sex Offender Registration