Crime Victims' Rights in Juvenile Court

If the offender is a juvenile whose case is being adjudicated in an Oregon state juvenile court, victims’ rights include the following:

Legal Representation
A victim may represent themselves or may be represented by an attorney, including one from the Oregon Crime Victims Law Center or a prosecuting attorney who has agreed to represent the victim in asserting their rights.

The Right to Notice includes the right to be:

• Informed of victims’ rights under the Oregon Constitution as soon as practicable.

• Notified in advance of any detention hearing. (A victim must request this right.)

• Notified in advance of any “critical stage” of the case that takes place in open court when the youth offender will be present. (A victim must request this right.)

       “Critical stages” include the following:
        -  Release hearings.
        -  Hearings relating to the rescheduling of the adjudication.
        -  Other pre-adjudication hearings.
        -  Entry of pleas and formal accountability agreements.
        -  Adjudications.
        -  Dispositions.
        -  Restitution hearings.
        -  Certain probation hearings.
        -  Any other stage that the court determines to be “critical.”

• Notified of the youth offender’s application to remove the offense from their record.

• Notified of any Psychiatric Security Review Board hearings concerning the youth offender and of their conditional release, discharge, or escape. (A victim must request this right from the Psychiatric Security Review Board, (503) 229-5596.)

Right to Presence and Participation
The Right to Presence and Participation includes the right to be present at any “critical stage” of the case that takes place in open court where the youth offender will be present, and to be heard at any pre-adjudication release hearing and at disposition.
  
The Right to Protection includes the right to: 

• Obtain an order that the youth offender submit to HIV testing in certain cases. (The victim must request this right.)

• Have the victim’s address and telephone number not be given to the youth offender without court order. (The victim must request this right.)

• Have the youth offender prohibited from contacting the victim, directly or indirectly, while the offender is on pre-adjudication release without court order.

• Refuse an interview or other information to the alleged youth offender or their attorney.

• Have decisions regarding the alleged youth offender’s pre-adjudication release based on the victim’s reasonable protection.

• Obtain a court order preventing the disclosure of certain information.

• Obtain information about the youth offender’s juvenile system history, adjudication, sentence, confinement and/or future release date, and to be notified of the youth offender’s release from a youth correction facility. (A victim must request these rights.)

Other Rights
In addition to the rights listed above, a victim in a juvenile court has the right to:

• Have the case, including adjudication and disposition, conducted with “all practicable speed.”
• Be consulted regarding plea negotiations concerning an act that would constitute a violent felony if committed by an adult. (A victim must request this right.)
• Obtain prompt restitution.
• To be heard at a hearing on a motion to set aside, vacate or dismiss case.
• To be notified if the youth offender applies for expunction. (A victim must request this right from the district attorney before judgment of conviction is entered.)
• To attend an expunction hearing.
• To be heard at an expunction hearing.
• To be notified about juvenile review hearings including hearings where probation may be revoked. (A victim must request this right from the district attorney before adjudication).
• To be notified of hearings for relief from sex offender reporting requirements. (A victim must request this right from the district attorney before adjudication.)
• If the juvenile is committed to the Oregon Youth Authority, the victim has the right to be notified when the adjudicated youth is released from an OYA Youth Correctional Facility. (A victim must request this right in advance, and must give contact information directly to OYA and keep this information up to date with any changes.)
• If the juvenile is committed to the juvenile Psychiatric Security Review Board (PSRB), the victim has the right to be notified of PSRB hearings and the right to be heard at such hearings. (This right must be requested from the district attorney before adjudication. The victim must keep contact information updated with the PSRB.)

Additional Rights Available to Victims of Sex Offenses
In addition to the rights listed above, victims of sex offenses have the right to:

• Receive accurate and unbiased information about emergency contraception from a hospital and, upon request to the hospital, to receive emergency contraception immediately.

• Bar the use of media sound- and/or visual-recording equipment in courtroom proceedings. (A victim must request this right.)

• Limit the copying and/or distribution of information concerning sexual conduct.


Additional Rights Available to Victims of Driving Under the Influence of Intoxicants Offenses
In addition to the rights listed above, victims of Driving Under the Influence of Intoxicants Offenses have the right to obtain the same reports and information as the defendant/driver who was involved in a vehicle collision with the victim. (A victim must request this right.) 

This list is not all-inclusive and is not intended to be legal advice or an agreement to provide legal advice or representation. If you have any questions about victims’ rights in a federal court, please contact the Oregon Crime Victims Law Center.