Crime Victims' Rights in State Court

If the defendant is an adult or a remanded juvenile being prosecuted in an Oregon state court, the victim has the following rights:

The Right to Legal Representation

A victim may represent themselves or be represented by an attorney, including one from the Oregon Crime Victims Law Center or a district attorney who has agreed to represent the victim in asserting their rights. 
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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 “critical stage” of the case that takes place in open court when the defendant will be present. (A victim must request this right from the district attorney or other prosecuting attorney in the case.) “Critical stages” include the following: release hearings, hearings relating to the rescheduling of trial, other pre-trial hearings; entry of guilty or “no-contest” pleas, trials, sentencings, restitution hearings, probation and parole hearings (For notice of parole board hearings, contact the Oregon Board of Parole and Post-Prison Supervision at (503) 945-0907) , and any other stages that the court determines to be “critical.”

• Notified if the defendant is being considered for an “early disposition” program.

• Notified of any Psychiatric Security Review Board hearing and of the defendant’s conditional release, discharge, or escape. (A victim must request this right from the Psychiatric Security Review Board, (503) 229-5596.)
• To be notified by the State Board of Parole and Post-Prison Supervision prior to the review of defendant's release plan. (A victims must request this right from the  State Board of Parole and Post-Prison Supervision.)
  

• TO be notified of the release on parole or post-prison of the defendant. (A victims must request this right from the  State Board of Parole and Post-Prison Supervision.)

• Notified of a hearing on the defendant’s motion to set aside their conviction or arrest record.
• To be notified by the district attorney of rights concerning a defendant's petition for post conviction relief and of proceedings conducted by the Oregon Board of Parole and Post-Prison Supervision. (A victim must request this right from the district attorney before judgement of conviction is entered.)
• To receive reasonable, accurate, and timely notice from counsel from the Attorney General when an appeal is taken. (A victim must request this right from the district attorney before judgement of conviction id entered.)
• To receive reasonable, accurate, and timely notice from counsel for the State when a petition for post-conviction relief is filled. (A victims must request this right from the district attorney before judgment of conviction is entered.)

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 defendant will be present, and to be heard at any pretrial release hearing and at sentencing.

• Provide statements for the pre-sentence investigation report.

• Reasonably express views at a probation or parole hearing, and to provide relevant information to the State Board of Parole and Post-Prison Supervision regarding the defendant’s release on parole.

• Make a statement at a hearing on the defendant’s motion to set aside their conviction or arrest record.
• To attend any public hearing related to the criminal proceeding that is conducted by an appellate court. (A victim must request this right from the district attorney before judgment of conviction is entered.)
• To be heard, orally or in writing, at a post-conviction proceeding.

The Right to Protection includes the right to: 

• Request testing of the defendant for HIV and other communicable diseases if the crime involved the transmission of body fluids, and under certain circumstances, to obtain a court order requiring the defendant to be tested.

• Have the victim’s personal identifying information not disclosed to the defendant by the defendant’s attorney without a court order, and to have the victim’s address and phone number not given to the defendant without a court order. (A victim must request this latter right.)

• Have decisions regarding the defendant’s pretrial release based on the victim’s reasonable protection.

• Have the defendant prohibited from contacting the victim, directly or indirectly, while the defendant is on pre-trial release without a court order.

• Refuse to provide an interview or other information to the defendant or defendant's attorney.

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

• Obtain information from a “public body” about the defendant’s criminal history, conviction, sentence, imprisonment, and/or future release date. (A victim must request this information.)
• To be reasonably protected from the offender at any related appellate or post-conviction relief proceeding. (A victim must request this right from the district attorney before judgment of conviction is entered.)

Other rights that victims have in Oregon State court include the right to:

• Have the case, including trial and sentencing, conducted with “all practicable speed.”

• Be taken into consideration when the dates for court appearances are set or reset.

• Have the victim’s interests “strongly consider[ed]” by the court in deciding whether co-defendants should be tried jointly or separately.

• Be allowed to consult on plea negotiations in violent felony cases. (A victim must request this right from the prosecuting attorney.)

• Have the victim’s views considered regarding whether the criminal charge(s) against the defendant should be diverted.

• Obtain prompt restitution.

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.

• Have certain evidence excluded at trial.

• 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 a defendant/driver who was involved in a vehicle collision with the victim. ­(A victim must request this right.)

• Be notified of, present and heard at any hearing on the defendant/driver’s petition for diversion if the driver caused damage to the victim’s property.

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.