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If we take the justice out of the criminal justice system, we leave behind a system that serves only the criminal.
Table of Contents Attendance at Court Proceedings and Victim Testimony/Input Access to Confidential Records/Test Results ________________________ Connecticut's Penal Statutes Relating to Sexual Abuse Connecticut's Criminal Statutes of Limitation Topic Home Page: Resources for Victims of Sexual Abuse Topic Feature: Remedies for Victims of Sexual Abuse Topic Feature: Statutes of Limitation for Victims of Sexual Abuse
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Assistance at crime scene and notification re: rights and services. A peace officer at a crime scene shall render immediate assistance to any victim, including obtaining medical assistance if required. The peace officer shall also present any victim with a card informing the victim of the rights and services available to the victim. C.G.S. §54-222a) Notification to Victim of Judicial Proceedings. The state's attorney shall notify any victim of an offense, if the victim has requested notification and has provided a current address, of any judicial proceedings relating to the cases including:
(C.G.S.§51-286e) Notification of Arraignment to Deceased Victim's Family. In cases of an offense which results in the death of the victim, the state's attorney shall identify and notify a member of the immediate family or next of kin of the date, time and place of the arraignment and shall furnish the designated family member with the name and telephone number of the person to contact for additional information or information on the status of the case. (C. G. S. § 5 1 286d) Notice of Application for Accelerated Pretrial Rehabilitation and Opportunity to be Heard. A defendant who makes application for participation in an accelerated pretrial rehabilitation program must provide notice to the victim or victims of the crime or motor vehicle violation, by registers or certified mal . The victim or victims have an opportunity be heard on the application. (C.G.S.§54-56e) Motion for or Order of Suspension of Prosecution for Treatment of Alcohol or Drug Dependency. In order to have a prosecution suspended for the treatment of alcohol or drug dependency, the accused must give notice of the crime and the motion for suspension of prosecution to the victim by registered or certified mail. The victim has the right to be provided the opportunity to testify at the hearing on the mot; on. (C. G. S. § 17a696) Request by a Defendant for Assignment to the Family Violence Education Program. The court shall give notice to the victim or victims that the defendant has requested assignment to the family violence education program and where possible, give the victim or victims opportunity to be heard. (C. G. S. §46b-3 8c(g)) Court and Psychiatric Security Review Board decisions After commitment by the court to the jurisdiction of the Psychiatric Security Review Board, the board shall make reasonable efforts to notify victims of any hearings, orders or escapes relating to the discharge, conditional release or confinement of a person found not guilty of criminal charges by reason of mental disease or defect. The victim may appear to make a statement at any court or board hearing. (C.G.S.§§ 17a-581, 17a-596, 17a-601) Notification by Office of Victim Services of Status of Inmate. A crime victim may request notification whenever an inmate makes any application to the:
The victim may also request notification whenever an inmate is scheduled to be released from a correctional institution for other than a furlough. The Office of Victim Services shall notify the victim of any of the above upon request, if the victim has provided a current inaling address. (C.G.S.§§54-228, 230) Board of Pardons: Testimony of crime victim at session of board. Notification of Office of Victim Services of Board's action. The Board shall permit any victim of specified crimes to appear before the Board for the purpose of making a statement for the record concerning whether the convicted person should be granted a commutation, release or pardon. The victim may choose to submit a written statement to the Board in lieu of a personal appearance. The Board of Pardons shall notify the Office of Victim Services upon the granting of a conditioned or absolute commutation of punishment or release, of a conditional or absolute commutation from the penalty of death, or of a pardon. (C.G.S.§18-27a) Release of Inmate from Correctional Institution. Upon release of an inmate from a Correctional Institute, the Commissioner of Corrections or designee shall notify any victim of the crime of such person's release if the victim has requested notification and provided a current address. (C.G.S.§18-81e) Notice of Dismissal of Case Within one year from the date of disposition of any case, the fact that the case was dismissed shall be disclosed to the victim of a crime or his legal representative. The identity of the defendant(s) shall not be released, except that any information contained in the erased records, including the identity of the person charged may be released to the victim or representative upon written application by the victim or representative stating:
(C.G.S.§54-142c) Notification of Failure of Defendant to Return to Treatment Facility. The prosecuting authority shall, within available resources, make reasonable effort to notify any victim or victims of the failure of a defendant, placed for treatment on an inpatient basis at a mental health or mental retardation facility, to return to the facility after release from the facility on a furlough or for work, therapy or any other reason. (C.G.S.§54-56d(l)) 2. Attendance at Court Proceedings and Victim Testimony/Input Victim's Input as Part of Pre-Sentence Investigation by Probation Office in a Criminal Matter. Whenever a presentence investigation is required, the probation officer shall inquire into, among other things, the attitude of the complainant or victim, or of the immediate family where possible in cases of homicide, and the damages suffered by the victim including medical expenses, loss of earnings and property loss. (C.G.S.§54-91a) Testimony of Crime Victim Prior to Acceptance of Plea and at Sentencing Hearing. The court shall permit the victim of most serious felonies to make an oral statement to the court or to submit a written statement explaining the effects of the crime prior to the sentencing of the defendant or the acceptance by the court of a plea of guilty or a plea of nolo contendere made pursuant to a plea agreement The victim's statement shall relate solely to the facts of the case and the extent of any injuries, financial loss and loss of earnings directly resulting from the crime. The victim also has the right to notification of the date, time and place of the original sentencing hearing or any proceeding concerning acceptance of a plea agreement. (C.G.S.§54-91c) Right to Attend Hearing to Make Statement on Reduction of Sentence or Discharge by Judge. At a hearing held by the sentencing court or judge, the court or judge shall permit any victim of the crime to appear before the court or judge for the purpose of making a statement for the record concerning whether or not the sentence should be reduced, the defendant discharged or the defendant discharged on probation or conditional discharge . In lieu of such appearance, the victim may submit a written statement to the court. (C.G.S.§53a-39) Request by Victim for Hearing by Panel of Parole Board Considering Release After Administrative Review. A parole hearing shall be conducted by a panel of the Board of Parole if a victim requests such a hearing. (C.G.S.§54-125b) Testimony of Crime Victim at Parole Hearing. At a hearing held by a panel of the Board of Parole for determining the eligibility of an inmate incarcerated for the commission of a class A, B or C felony or for a violation of certain Class D felonies, such panel shall permit any victim of the crime to appear before the panel to make a statement for the record concerning the release on parole of any terms or conditions to be imposed upon any such release. The victim may submit a written statement to the panel in lieu of an appearance. (C.G.S.§54-126a) Representative of Homicide Victim Entitled to be Present at Trial of Defendant. A representative of a homicide victim shall be entitled to be present at the trial or any proceeding Concerning the prosecution of the defendant for the homicide, except that a judge may remove such representative from the trial or proceeding or any portion thereof for the same causes and in the same manner as the rules of court provisions and of the general statutes provide for the exclusion or removal of the defendant. No representative may be excluded without a hearing. (C.G.S.§54-85c) Right to Attend Delinquency Proceedings. In delinquency proceedings, any victim of the delinquent act, the parents or guardian of such victim and any appointed victim advocate shall not be excluded unless the judge specifically orders otherwise. (C.G.S.§46b-122) Victim's Input as Part of Pre-disposition Investigation by Probation Officer in a Delinquency Matter. Prior to the disposition of the case of any child convicted of a delinquent act, the probation officer shall conduct an investigation which shall include, inter alia, an inquiry into the attitude of the complainant or victim and any damages suffered by the victim including medical expenses, loss of earnings and property loss. No disposition of the child's case shall be made until such investigation has been completed and the results have been placed before the judge. (C.G.S.§46b-134) Statement of Victim/Victim's Representative at Delinquency Proceeding. Any victim of alleged delinquent conduct, the parents or guardian of such victim, an appointed advocate, or the victim's counsel shall have the right to appear before the court in any proceeding on the alleged delinquency of a child for the purpose of making a statement to the court concerning the disposition of the case. (C.G.S.§46b-138b) Testimony of Victim of Child Abuse. The court MAY, upon motion, order that the testimony of a child victim of an assault, sexual assault or abuse, who is twelve years old or younger, be taken in a room other than the courtroom in the presence and under the supervision of the trial judge hearing the matter and be televised by closed circuit equipment in the courtroom or be recorded for later showing before the court. The people present during the testimony may be limited by the court. (C.G.S.§54-86g) Competency of Child as Witness. Any child victim of assault, sexual assault or abuse shall be competent to testify without prior qualification. (C.G.S.§54-86h) Polygraph Examination of victims of sexual assault restricted. No member of any municipal police department, the state police or the Division of Criminal Justice may request or require any victim of sexual assault under C. G. S. § § 5 3 a-70, 70a, 70b, 71, 72a, 72b, 73a to submit to or take a polygraph examination. (C.G.S.§54-86j) Victim Compensation. Upon application to the Office of Victim Services, the victim of a crime may receive compensation for expenses actually and reasonably incurred, loss of earning power, and pecuniary loss to the dependents of a deceased victim. (C.G.S. §§ 5 4-209 - 211) Restitution Services. The following persons also may obtain restitution services including medical)psychiatric, psychological or social services: - victims of child abuse and family members - victims of sexual assault and family members - family members of a victim of homicide (C.G.S.§54-216) Disposition Upon Conviction as Delinquent/Restitution. Upon conviction of a child as delinquent, the court MAY order the child or the parent(s) or guardian of the child, or both to make restitution to the victim of the offense. If the child has engaged in conduct which results in property damage or personal injury, the court MAY order the child or the parent(s) or guardian of the child, if such parent/guardian had knowledge of and condoned the conduct of the child, or both the child and the parent(s)/guardian to make full or partial restitution. (C. G. S. §46b- 140) Right to Profits Derived from Crime of Violence. A crime victim has the right to file a civil law suit seeking the profits the defendant might receive from any publication, movie, broadcast or dramatization of the violent crime if the defendant is convicted of the crime for which compensation may be paid by the Office of Victim Services. (C.G.S.§54-218) Return of Seized Property. A crime victim may request the police department to return any personal property confiscated by them in the investigation or prosecution of the crime committed against the victim. The property will be returned within 30 days of the request unless the court orders it held for a longer period. The victim has six months from the disposition of the criminal case to claim the property. After that, the property will be disposed of (C.G.S. §§54-36a, 54-203(b)(7)(E)) 4. Access to Confidential Records/Test Results Privileged Communications Between Psychiatrist/Psychologist and Patient for Use in Civil Action. The consent of a patient who consults with a psychiatrist or a psychologist is not required for the disclosure or transmission of communications or records of the patient to a member of the immediate family or legal representative of the victim of a homicide committed by the patient where such patient has been found not guilty of the offense by reason of mental disease or defect. These communications shall only be available during the pendency of, and for use in, a civil action relating to the person found not guilty. The family member or legal representative must request the disclosure not later than six years after such finding of not guilty. (C.G.S.§52146c, 52-1460 Delinquency Records. The record of the case of a juvenile matter involving proceedings concerning a delinquent child, shall be available to the victim of the crime committed by such child to the same extent as the record of the case of a defendant in a criminal proceeding in the regular criminal docket of the Superior court is available to a victim of the crime committed by such defendant. The court shall designate an official from whom such victim may request such information. Records disclosed pursuant to this subsection shall not be further disclosed. (C.G.S. §46b- I 24(e)). Youthful Offender Records. The records of any youth adjudged a youthful offender may be disclosed to an advocate appointed pursuant to section 54-221 for a victim of a crime committed by the youth, The records disclosed pursuant to this subsection shall not be further disclosed. (C.G.S.§54-761) Disclosure of Address and Telephone Number by Victim of Sexual Assault Not Required. Any person who has been the victim of a sexual assault, injury or risk of injury, or impairing of morals, or of any attempt thereof, shall not be required to divulge his or her address or telephone number during any trial or pretrial evidentiary hearing, provided the judge presiding over the legal proceeding shall find: the information is not material to the proceeding, the identity of the victim has been satisfactorily established, AND the current address of the victim will be made available to the defense in the same manner and time as such information is made available to the defense for other criminal offenses. (C.G.S.§54-86d) Confidentiality of Name and Address of Victim of Sexual Assault. Availability of Information to Accused. The name and address of the victim of a sexual assault, injury or risk of injury, or impairing of morals, or of any attempt thereof, shall be confidential and shall only be disclosed upon order of the Court. This information will be available to the accused in the same manner and time as such information is available to persons accused of other criminal offense. (C.G.S§54-86e) Confidentiality of Statements Made to Sexual Assault Counselor or Battered Women's Counselor. Any, statements made to a sexual assault or battered women's counselor ( as defined by statute) will remain confidential and will not be admitted as evidence in court unless the victim making the statement waives this right. (C.G.S.§52-146k) Admissibility of Evidence of Present or Prior Sexual Conduct of Victim. In the prosecution of a sexual assault case, the present or prior sexual conduct of the victim will not be brought into evidence in the trial unless the Court determines, after a hearing, that the material is relevant and material to the criminal trial. (C.G.S.§54-86f) HIV Testing of Defendant Accused of Certain Sexual Offenses. If the victim of a specified sexual offense requests that the accused be tested, the court shall order the testing of the accused for the presence of the etiologic agent for Acquired Immune Deficiency syndrome or Human Immunodeficiency Virus. The results of such test MAY be disclosed to the victim. Statutory prohibitions and limitations relating to the further disclosure of such test result apply. (C.G.S.§54-102a) HIV Testing of Persons Convicted of Certain Sexual Offenses. A court entering judgment of conviction or an adjudication of delinquency for commission of certain sexual offenses SHALL, at the request of the victim of such crime, order that the offender be tested for the presence of the etiologic agent for acquired immune deficiency syndrome or human immunodeficiency virus and that the results be disclosed to the victim and the offender. Statutory prohibitions and limitations relating to the further disclosure of such test results apply. (C.G.S.§54-102b) Assistance at scene of family violence incident. At the scene of a family violence incident the peace officer shall provide the following assistance to the victim, among other things: assistance in obtaining medical treatment if required notification of the right to file an affidavit or warrant for arrest, information on the services available and reference to the Office of Victim Services. In addition, in cases where it is determined that no cause exists for arrest the officer shall remain at the scene for a reasonable time until, in the reasonable judgment of the officer, the likelihood of further imminent violence has been eliminated. (C.G.S.§46b-38b) Relief from Abuse by Family or Household Member. A victim of assault by a spouse or former spouse, family or household member may request the arrest of the offender, request that the court issue a protective order or apply to the court for a restraining order. Family Violence Intervention Units can provide information about these issues. (C.G.S.§§54-203(b)(7)(1), 46b-15, 46b-38c) Protective Orders. In cases of family violence, the court MAY issue a protective order, a copy of which shall be sent to the victim by the clerk of the court and a certified copy of which shall be sent within forty-eight (48) hours of its issuance to the appropriate law enforcement agency. (C.G.S.§46b-38c) In stalking cases, upon the arrest of a person, the court MAY issue a protective order, a certified copy of which shall be sent to the victim and a certified copy of which shall also be sent to the appropriate law enforcement agency within forty-eight (48) hours of issuance. C.G.S.§54-1k) Standing Criminal Restraining Orders. If a person is convicted of certain specified assault or sexual assault offenses against a family or household member, the court MAY issue a standing criminal restraining order which shall remain in effect until modified or revoked by the court for good cause shown. (C.G.S.§53a-40e) Availability of Services of Local Family Violence Intervention Units. Each geographical area of the Superior Court shall have a local Family Violence Intervention Unit which shall take referrals from a judge or prosecutor and shall provide or arrange for services for victims and offenders. (C.G.S.§46b-38c) 6. Miscellaneous Employment Rights. An employer may not fire, harass or otherwise retaliate against an employee for appearing under a subpoena as a witness in any criminal proceeding. (C.G.S.'54-85b) Availability of Telephone Hotline. The Office of Victim Services makes a telephone hotline available to provide victims with information on referrals for various services for victims of crimes and their families. (C.G.S.§54-203(b)(10)) |
