Rights at Various Stages of the Criminal System

The victim of a person crime who was at least 15 years old when the crime is committed, may select a personal representative to accompany the victim to phases of the investigation and prosecution of the crime except for grand jury proceedings and certain child abuse assessments.

A crime victim may be eligible for compensation for a crime. Furthermore, victims of sexual assault, suspected child sexual abuse or child physical abuse may have the costs of certain medical assessments paid by the Oregon Department of Justice.

A crime victim may have, upon request, a court order prohibiting distribution of evidence in a proceeding involving a sexual offense, an offense involving the visual or audio recording of sexual conduct by a child, or invasion of person privacy.

A crime victim has, upon specific request, the right to be informed in advance of any critical stage of the proceedings held in open court when the defendant or alleged youth offender will be present. A crime victim has the right to be present at any such stage of the proceedings.

A crime victim may have a copy of a transcript, audiotape or videotape of any court proceeding in open court, if one is otherwise prepared.

A public body shall provide to the victim any of the following information of which it is the custodian and that is about the defendant, alleged youth offender, convicted criminal, or youth offender: (a) the conviction and sentence; (b) criminal history; (c) imprisonment; and (d) future release from physical custody.

A crime victim has the right to be reasonably protected from the criminal defendant, convicted criminal, the alleged youth offender, or youth offender throughout the criminal justice process or juvenile delinquency proceeding.

A crime victim has the right to have an address and phone number withheld from the defendant upon request unless good cause is otherwise shown. A victim of domestic violence, sexual assault or stalking may have a substitute address designated when disclosure of the address may threaten the safety of the victim or the victim’s child.

When a criminal act involves the transmission of body fluids, a crime victim may request HIV testing of the person charged or convicted of the offense, which, under certain circumstances, the court must order. If any such HIV test is positive, a victim shall be provided with counseling and referral for appropriate health care, testing and support services. The costs of this testing and counseling shall be paid through the crime victims’ compensation program.