The World Assembly,
Assured that crime victims play a valuable part in the criminal justice system;
Acknowledging that a resolution regarding the rights of crime victims was passed in the past that is no longer in effect;
Determined to give crime victims the justice they deserve, along with the respect, civility, and fair treatment that they merit;
Urging that the correct proceedings should be conducted during trial to certify that the rights of crime victims and the rights of the accused maintain a fair balance;
Defines the following terms necessary for this proposal:
- “crime victim” as a person in a criminal prosecution who has presumably or allegedly been harmed in an emotional, physical, sexual, or financial manner or has been threatened to be harmed as a result of the criminal misconduct of another who is not simultaneously accused of another crime that occurred as a result from the same occurrence or incident.
- “the accused” as a person who has been formally charged with a crime based on evidence that they have recently committed a criminal offense against the crime victim in a related case.
- “critical stage of the prosecution” as any date or event in which a vital or jurisdictional component of the case is resolved or decided, including release hearings, hearings related to the trial’s scheduling, preliminary hearings, plea hearings, parole and probation hearings, trials, sentencing's, and other events deemed critical in the national justice system in question.
Commissions that member nations will provide their crime victims with the following rights:
1. Rights to be reasonably protected from the accused, including but not limited to:
a. The right to be tested for serious illnesses the crime victim may have been exposed to during the act of the crime.
b. The accused or any associates may not harass, stalk, harm, or threaten the victim.
c. The accused may not directly contact the victim without the presence of law enforcement unless the victim consents to the contact.
d. In certain cases, the court may grant protective orders to limit the disclosure of the crime victim's personal information, including through the process of filing under seal.
Additionally,
2. Crime Victims shall be allowed to hear any important events during the critical stage of the prosecution unless the crime victim requests otherwise.
3. Crime victims can exercise their rights personally, through an attorney, or a personal representative. In the case of a crime victim who is under the age of majority, incompetent, incapacitated, or deceased, the legal guardians of the crime victim, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights.
4. If any property is lost, crime victims have the right to full and timely restitution from the accused (if convicted) through the process of civil matters until the end of the prescriptive period.
5. Crime victims have the right to be referred to services that support victims and have them tailored to their needs.
Establishing that member nations will allow crime victims to exercise the rights stated above in the name of civility and justice.
