Crime Survivors

Review Your Rights

Your Rights Based on Federal Law

Under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771 you are entitled...

To be protected from the accused
To receive notice of public court proceedings
To be excluded from public proceedings if testimony would be altered by you being in attendance
To be reasonably hear at a public proceeding
To communicate with the attorney for the prosecution
To a full and timely resolution to your case
To proceedings free from unreasonable delay
To be treated with fairness and respect for your dignity and privacy
To be informed of any plea bargain or prosecution agreement
To be informed of these rights.

View a full version of the Federal Crime Victim Rights Act.

Under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141 you are entitled...

To be informed of the place where they may receive medical and social services
To be informed of public and private programs available for counseling, treatment, and other support services
To receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender
To know the status of the investigation of the crime, to the extent it is appropriate and will not interfere with the investigation
To have personal property being held for evidentiary purposes maintained in good condition and returned as soon as it is no longer needed for evidentiary purposes

View a full version of the Federal Victims’ Rights and Restitution Act.

Your Rights Based on Illinois Law

The Illinois Crime Victims' "Bill of Rights" states you have the right…

To be treated with fairness and respect for your dignity and privacy and to be free from harassment, intimidation, and abuse through the criminal-legal process
To receive notice and hearing when there is a request for privileged and confidential victim records, information, or communications
To receive timely notice of all court proceedings
To communicate with prosecution
To be heard at proceedings where victim rights are at issue and proceedings involving release decision, pleas, or sentencing
To receive notifications of conviction, sentencing, imprisonment, and release of perpetrator
To a timely conclusion to the case following arrest
To be reasonably protected from the accused throughout the criminal legal process
To have your safety and your family’s safety considered in bail decisions after arrest and conviction
To be present at trial and all other proceedings
To have an advocate and support person(s) present at proceedings
To be offered restitution
To receive a free copy of the policy report regarding the incident within 5 days of the request
To retain an attorney at any time.

View a full version of the Illinois “Bill of Rights”.

Additional Illinois Crime Victim Rights...

Privileged Communication
- Confidentiality of statements made to personnel counseling victims of violent crimes
  - The policy can be found here: https://ilga.gov/legislation/ilcs/documents/073500050K8-802.2.htm
  - Survivors who disclose information to a counselor of an organization intended to support victims of violence are protected from public disclosure of these statements. According to this policy, statements surrounding the incident of violence shall not be disclosed by the organization or its personnel unless the maker of the statement consents in writing. There are limitations of the confidentiality as it relates to judicial proceedings involving the crime incident, which should be reviewed in the legislation.
- Privileged Communications: Restorative Justice
  - The policy can be found here: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K804.5#:~:text=(a)%20This%20Section%20is%20intended,used%20in%20any%20future%20proceeding
  - Recommends that survivors have access to restorative justice practices by providing a privilege for participation in such practices and ensuring that anything said or done during the practice, or in anticipation of or as a follow-up to the practice, is privileged ad may not be used in any future proceedings unless waived by the informed consent of the party or parties. Practices of restorative justice include peace circles or conferences, which involve victims, offenders, and affected family members, friends, and community members.
- Confidentiality of Statements Made to Rape Crisis Personnel
  - The policy can be found here: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K8
  - Protects the confidentiality of statements made in counseling session by survivors of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations within families, criminal sexual abuse, aggravated criminal sexual abuse, sexual exploitation of a child, indecent solicitation of a child, public indecency, exploitation of a child, or juvenile prostitution.
Illinois Parentage Act: Injunctive Relief
- You can find the section on Injunctive Relief here: https://www.ilga.gov/legislation/ilcs/documents/075000460K502.htm
- Provides protections to survivors of domestic violence who may be in legal proceedings to determine parentage. According to the Act, survivors are able to present evidence to prevent parental arrangements that could put children or adults at risk of domestic violence.
Relief from Judgement
- You can find the policy here: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1401
- Provides post-judgment relief/resentencing for survivors of gender-based violence.
Defense to Prosecution
- You can find the policy here: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K5-2
- Discusses the rights of survivors of domestic violence and coercion when they are being tried in a criminal proceeding.

Review Your Rights

As a survivor of violence in Illinois, these are your rights on both a state and federal level.

What Do You Need?

As a survivor of violence in Illinois, you may be eligible for support with financial needs, housing, medical costs, mental health services, funeral or burial costs, relocation costs, and more. Based on what happened to you, you may be eligible for different services and supports. Click here to see which policies can provide access to these supports.

Eligibility and Access

Policies outlining rights and services afforded to crime victims often involve definitions of who is considered a victim and what they must do to access services. Read through this section to better understand how to navigate policies intended to support survivors.

Illinois Policies

Here you can find a complete listing of Illinois policies related to services or supports available to crime victims. Each of these policies that enables access to services has eligibility requirements. Please use the hyperlinks available to review the eligibility requirements.