Common Questions for Victims
I think I have been the victim of a crime or I am a next-of-kin for a deceased victim, now what?
Establish Safety – Find a safe place and ask for help if you need it.
Call for help – Call police and/or contact your local crisis response agency for domestic and sexual violence. Find your local agency here.
Care for Injuries – Go to the hospital, tell them you have experienced a crime and have your injuries treated.
Document the Crime – While it may be the last thing you want to do, write down exactly what happened and take photos as soon as possible following your incident.
I am safe, now what?
Remember that you are not alone. Resources and assistance are available. If you are injured, seek medical attention. Some injuries may not be apparent for several days. In order to document the crime and establish your legal right to receive compensation, you should:
What are my rights as a crime victim?
In Oregon, victims of crime have specific legal rights under the Oregon Constitution and state statutes. However, victims' rights vary according to which court the offender is being prosecuted in. Please click here to learn your rights as a crime victim and contact OCVLC.
How can I find out if an arrest has been made?
Call the law enforcement agency you reported the crime to or the agency who is investigating the case. Provide your name and the offenders’ name. If you want an update on the case call and ask for the office who took your original report of the crime.
The person who hurt me was arrested, how do I know if they are released?
VINE service lets victims call a toll-free number, visit www.vinelink.com, or use the VINELink™ mobile app to anonymously check on an offender’s custody status.
Victims can also register to receive automated notifications about changes in that status via their choice of format: phone, email, or text. TTY (hearing impaired) service is also available.
It is offered free of charge to registrants, is completely confidential, and features multiple language support. Click here to register or contact OCVLC.
If charges were filed, how can I check on the status of the case?
Contact your local District Attorney’s Office. Find your local office here.
Provide your name and the offender’s name. Ask for the Victim Advocate who is assigned to your case. Let the advocate know you want information on your legal rights, ask for updates on the progress of your case, and notification of all court proceedings.
Do I have the right to be present at all court proceedings?
Yes, you have the right to be present at and, upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present. Please contact OCVLC or your local Victim Assistance Program to learn what “critical stages” are.
Do I have the right to speak at sentencing?
Yes, you have the right to give a victim impact statement at sentencing. You should let the District Attorney’s office (the attorney prosecuting the crime) know you want to speak at this hearing. The Victim Assistance Program or OCVLC can help you prepare your victim impact statement.
Will the offender be ordered to pay for my losses?
Yes, you may ask to impose a Restitution Order. You should talk to the District Attorney's Office. Under Oregon state law, defendants generally must be ordered to pay restitution to victims of crime, or survivors of homicide victims, to help with their financial losses.
Information concerning restitution is collected by and presented to the court by the District Attorney’s Office. The court then orders the defendant to pay restitution as part of thier sentence. In most cases, payment of the restitution becomes a condition of probation or post-prison supervision.
Unfortunately, actually collecting restitution has proven to be difficult, in many if not most cases, for various reasons.
Crime Victims Compensation Program (CVCP) is also a fund that can help ease the financial burden suffered by victims if they have qualifying expenses that resulted from a crime. Compensation can be awarded to the victim even when no one is arrested or convicted for the crime. As soon as a police report has been created, a victim has the option to apply for compensation. CVCP can accept a claim without an identified perpetrator or a criminal conviction. For more detail please see our Crime Victims Compensation Program page here and contact OCVLC.
If I am the victim of a crime can I have an attorney represent me?
Yes, although it is not required you have an attorney represent you. It is important to remember the parties to a criminal case are the government and the accused criminal defendant. The attorneys for the government (the District Attorney also known as the prosecutor) must advocate for the interests of society as a whole, which are sometimes different from the interests of the victim – the person directly affected by the crime. Having an attorney represent you can ensure your rights as a crime victim and advocate on your behalf.
What should I do if my therapeutic, employment, medical records or other personal information has been subpoenaed by the court?
A subpoena is a court order that requires a person to come to court or provide information. When a subpoena is served (given to the person who has to respond), a copy has to go the court and the other party in the case or their lawyer. If a person does not respond to a subpoena, they may be punished by the court.
If a victim in a criminal case is subpoenaed, certain protections apply. Contact OCVLC if you have been served a subpoena or are continuously being contacted by a defense attorney.
What is the difference between criminal and civil?
The legal system is divided into two areas: civil law and criminal law. Separate courts govern (control) these two areas of the law.
One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court and the reason for the case.
The criminal system begins when an event that involves people or property is reported to law enforcement. Law enforcement officers investigate what happened. Prosecutors (also called the district attorney) decide whether to file criminal charges against the person who may have committed a crime. Prosecutors file a criminal case on behalf of the government. The victim does not get to decide whether or not to file charges. If a defendant is found guilty or pleads guilty, the court sets the punishment (also called the sentence). The sentence is enforced by the corrections system (prison, jail, probation, parole, or community corrections).
The civil system deals with issues between people (such as divorce/child custody, landlord-tenant issues, and restraining orders) as well as harm to people and property. Sometimes people refer to a civil case as a lawsuit or suing someone. In the civil system, the person who files a case is the petitioner and the person you are suing is the Respondent. You are NOT asking the court to send a person to jail. When a Petitioner files a civil case, there is no prosecutor.
Sometimes victims are told by law enforcement or prosecutors that what happened to them was not a crime or cannot be proven as a crime. Even in those cases, victims may still have civil legal options.
How do I get a restraining order (also known as a protection order)?
A restraining order or protective order is a legal order issued by a state court which requires one person to stop harming another. In Oregon, there are several types of orders. For more details on types of restraining orders and qualifications please see this link at WomensLaw.org or call OCVLC. You can contact your local domestic and sexual violence agency for support in filing an order or go to your local courthouse.
What are the common responses to trauma or crime?
Being the victim of the crime is often a life-altering experience that can affect you in many ways. It is normal to have physical and psychological reactions after experiencing a crime. You may feel shocked, numb, fearful or angry. It may help you to know that what you are feeling and experiencing are normal reactions.
It is important to look after yourself, and get the support and treatment you need. Talking or writing about your experience can be helpful, as can connecting with other survivors, joining support groups, or working with a therapist, counselor, or advocate. Try to be patient with yourself and allow yourself the time you need to work through the healing process. It may not be easy, but there is hope and help.
Common emotional reactions after crime:
Establish Safety – Find a safe place and ask for help if you need it.
Call for help – Call police and/or contact your local crisis response agency for domestic and sexual violence. Find your local agency here.
Care for Injuries – Go to the hospital, tell them you have experienced a crime and have your injuries treated.
Document the Crime – While it may be the last thing you want to do, write down exactly what happened and take photos as soon as possible following your incident.
I am safe, now what?
Remember that you are not alone. Resources and assistance are available. If you are injured, seek medical attention. Some injuries may not be apparent for several days. In order to document the crime and establish your legal right to receive compensation, you should:
- Notify local police as soon as possible.
- Ask the police officer for their business card and the crime report number. Call the officer back if you remember additional details.
- If the case is submitted to the District Attorneys Office, call their office and ask to speak with the victim advocate assigned to your case. Request information on your legal rights, and ask for updates on the progress of your case and notification of all court proceedings.
- Apply for all applicable benefits. If you have insurance, file a claim as soon as possible. If you are not certain whether your insurance covers your loss, speak to your insurance agent and obtain a copy of your policy. If you have been injured or have a family member who has been injured or killed, your local Victim Assistance Program can assist you with in filing for Oregon’s Crime Victims’ Compensation Program.
- Keep a complete record of your crime-related losses and expenses for future restitution and compensation. Provide as much information as you can to the District Attorney to document your loss of property, wages, as well as your medical expenses.
- Give a victim impact statement at sentencing. The Victim Assistance Program or OCVLC can help you prepare a Victim Impact Statement.
- If the judge orders the offender to pay restitution, request a certified copy of the order and a copy of the defendant’s financial disclosure from the court clerk. Keep this in a safe place. If the probation department or other agency does not collect your restitution, you can enforce the restitution order by obtaining a judgment in civil court.
What are my rights as a crime victim?
In Oregon, victims of crime have specific legal rights under the Oregon Constitution and state statutes. However, victims' rights vary according to which court the offender is being prosecuted in. Please click here to learn your rights as a crime victim and contact OCVLC.
How can I find out if an arrest has been made?
Call the law enforcement agency you reported the crime to or the agency who is investigating the case. Provide your name and the offenders’ name. If you want an update on the case call and ask for the office who took your original report of the crime.
The person who hurt me was arrested, how do I know if they are released?
VINE service lets victims call a toll-free number, visit www.vinelink.com, or use the VINELink™ mobile app to anonymously check on an offender’s custody status.
Victims can also register to receive automated notifications about changes in that status via their choice of format: phone, email, or text. TTY (hearing impaired) service is also available.
It is offered free of charge to registrants, is completely confidential, and features multiple language support. Click here to register or contact OCVLC.
If charges were filed, how can I check on the status of the case?
Contact your local District Attorney’s Office. Find your local office here.
Provide your name and the offender’s name. Ask for the Victim Advocate who is assigned to your case. Let the advocate know you want information on your legal rights, ask for updates on the progress of your case, and notification of all court proceedings.
Do I have the right to be present at all court proceedings?
Yes, you have the right to be present at and, upon specific request, to be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present. Please contact OCVLC or your local Victim Assistance Program to learn what “critical stages” are.
Do I have the right to speak at sentencing?
Yes, you have the right to give a victim impact statement at sentencing. You should let the District Attorney’s office (the attorney prosecuting the crime) know you want to speak at this hearing. The Victim Assistance Program or OCVLC can help you prepare your victim impact statement.
Will the offender be ordered to pay for my losses?
Yes, you may ask to impose a Restitution Order. You should talk to the District Attorney's Office. Under Oregon state law, defendants generally must be ordered to pay restitution to victims of crime, or survivors of homicide victims, to help with their financial losses.
Information concerning restitution is collected by and presented to the court by the District Attorney’s Office. The court then orders the defendant to pay restitution as part of thier sentence. In most cases, payment of the restitution becomes a condition of probation or post-prison supervision.
Unfortunately, actually collecting restitution has proven to be difficult, in many if not most cases, for various reasons.
Crime Victims Compensation Program (CVCP) is also a fund that can help ease the financial burden suffered by victims if they have qualifying expenses that resulted from a crime. Compensation can be awarded to the victim even when no one is arrested or convicted for the crime. As soon as a police report has been created, a victim has the option to apply for compensation. CVCP can accept a claim without an identified perpetrator or a criminal conviction. For more detail please see our Crime Victims Compensation Program page here and contact OCVLC.
If I am the victim of a crime can I have an attorney represent me?
Yes, although it is not required you have an attorney represent you. It is important to remember the parties to a criminal case are the government and the accused criminal defendant. The attorneys for the government (the District Attorney also known as the prosecutor) must advocate for the interests of society as a whole, which are sometimes different from the interests of the victim – the person directly affected by the crime. Having an attorney represent you can ensure your rights as a crime victim and advocate on your behalf.
What should I do if my therapeutic, employment, medical records or other personal information has been subpoenaed by the court?
A subpoena is a court order that requires a person to come to court or provide information. When a subpoena is served (given to the person who has to respond), a copy has to go the court and the other party in the case or their lawyer. If a person does not respond to a subpoena, they may be punished by the court.
If a victim in a criminal case is subpoenaed, certain protections apply. Contact OCVLC if you have been served a subpoena or are continuously being contacted by a defense attorney.
What is the difference between criminal and civil?
The legal system is divided into two areas: civil law and criminal law. Separate courts govern (control) these two areas of the law.
One of the most confusing things about the legal system is the difference between civil cases and criminal cases. In domestic violence situations, there may be both civil and criminal cases occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court and the reason for the case.
The criminal system begins when an event that involves people or property is reported to law enforcement. Law enforcement officers investigate what happened. Prosecutors (also called the district attorney) decide whether to file criminal charges against the person who may have committed a crime. Prosecutors file a criminal case on behalf of the government. The victim does not get to decide whether or not to file charges. If a defendant is found guilty or pleads guilty, the court sets the punishment (also called the sentence). The sentence is enforced by the corrections system (prison, jail, probation, parole, or community corrections).
The civil system deals with issues between people (such as divorce/child custody, landlord-tenant issues, and restraining orders) as well as harm to people and property. Sometimes people refer to a civil case as a lawsuit or suing someone. In the civil system, the person who files a case is the petitioner and the person you are suing is the Respondent. You are NOT asking the court to send a person to jail. When a Petitioner files a civil case, there is no prosecutor.
Sometimes victims are told by law enforcement or prosecutors that what happened to them was not a crime or cannot be proven as a crime. Even in those cases, victims may still have civil legal options.
How do I get a restraining order (also known as a protection order)?
A restraining order or protective order is a legal order issued by a state court which requires one person to stop harming another. In Oregon, there are several types of orders. For more details on types of restraining orders and qualifications please see this link at WomensLaw.org or call OCVLC. You can contact your local domestic and sexual violence agency for support in filing an order or go to your local courthouse.
What are the common responses to trauma or crime?
Being the victim of the crime is often a life-altering experience that can affect you in many ways. It is normal to have physical and psychological reactions after experiencing a crime. You may feel shocked, numb, fearful or angry. It may help you to know that what you are feeling and experiencing are normal reactions.
It is important to look after yourself, and get the support and treatment you need. Talking or writing about your experience can be helpful, as can connecting with other survivors, joining support groups, or working with a therapist, counselor, or advocate. Try to be patient with yourself and allow yourself the time you need to work through the healing process. It may not be easy, but there is hope and help.
Common emotional reactions after crime:
- Problems remembering details about the crime (for example, the order in which things happened).
- Problems remembering information people give you after the crime.
- Feeling nervous, fearful, and anxious.
- Feeling hopeless about the future, detached from others, and emotionally numb.
- Decreased interest in everyday activities.
- Feeling jumpy or easily startled, on guard or hyper-alert.
- Having trouble concentrating.
- Having disturbing dreams, memories or flashbacks.
- Feeling irritable or restless.
- Having outbursts of anger or rage.
- Emotional swings — such as crying and then laughing.
- Feeling ashamed, betrayed, and isolated.
- Having suicidal thoughts.
- Aches and pains.
- Changes in sleep, appetite and sex drive.
- Being easily startled.
- Having upset stomach, trouble eating, constipation or diarrhea.
- Getting sick more often.
- Having severe headaches.