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Landmarks in Victims Rights and Services

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Landmarks in Victims Rights and Services Powered By Docstoc
					Crime Victims’ Rights in America: An Historical Overview


During 2009 National Crime Victims’ Rights
Week, we celebrate landmark federal legislation
                                                    Key Federal Victims’ Rights Legislation
that was enacted 25 years ago on behalf of          1974    Child Abuse Prevention and Treatment Act
victims of crime. The 1984 Victims of Crime         1980    Parental Kidnapping Prevention Act
Act (VOCA) affirmed our nation’s commitment         1982    Victim and Witness Protection Act
to helping crime victims rebuild their lives.       1982    Missing Children’s Act
VOCA established the Crime Victims Fund, a          1984	   Victims of Crime Act
non­taxpayer funding source, which continues        1984    Justice Assistance Act
today to provide critical support to state victim   1984    Missing Children’s Assistance Act
compensation and community victim assistance        1984    Family Violence Prevention and
                                                            Services Act
programs throughout the United States.
                                                    1985    Children’s Justice Act
     VOCA and countless other laws and policies     1988    Drunk Driving Prevention Act
reflect the tremendous progress that has been       1990    Hate Crime Statistics Act
made over the past four decades in securing         1990    Victims of Child Abuse Act
legal rights, protections, and services for         1990    Victims’ Rights and Restitution Act
victims of crime.                                   1990    National Child Search Assistance Act
     “Landmarks in Victims’ Rights and Services”    1992    Battered Women’s Testimony Act
charts that progress—from 1965 to the pres­         1993    Child Sexual Abuse Registry Act
ent—by highlighting the enactment of critical       1994    Violent Crime Control and Law
                                                            Enforcement Act
federal and state laws, the growth of national
                                                    1994    Violence Against Women Act
and community victim service organizations,
                                                    1996    Community Notification Act
the release of ground­breaking reports that                 (“Megan’s Law”)
focused national attention on crime victim          1996    Antiterrorism and Effective Death
issues, and the development of new victim                   Penalty Act
assistance strategies that expanded the nation’s    1996    Mandatory Victims’ Restitution Act
capacity to help victims rebuild their lives.       1997    Victims’ Rights Clarification Act
                                                    1998    Crime Victims with Disabilities Act
     You can use this historical overview—
                                                    1998    Identity Theft and Deterrence Act
updated through October 2008—to tell the
                                                    2000    Trafficking Victims Protection Act
story of the victims’ rights movement, an
                                                    2001    Air Transportation Safety and
incredible journey by victims, victim advocates,            System Stabilization Act (established
and many others who have worked tirelessly                  September 11th Victim Compensation
to bring hope to the millions of individuals,               Fund)
families, and communities harmed by crime           2003    PROTECT Act (“Amber Alert” law)
each year. This tool can be a valuable resource     2003    Prison Rape Elimination Act
                                                    2003    Fair and Accurate Credit Transactions Act
as you educate your community through public
                                                    2003    Trafficking Victims Protection
service announcements, presentations, speeches,
                                                            Reauthorization Act
media interviews, op­ed columns, and other          2004    Justice for All Act, including Title I
education efforts during National Crime                     The Scott Campbell, Stephanie Roper,
Victims’ Rights Week and throughout the year.               Wendy Preston, Louarna Gillis, and
                                                            Nila Lynn Crime Victims’ Rights Act
                                                    2006	   Adam Walsh Child Protection and
                                                            Safety Act
C R I M E V I C T I M S ’ R I G H T S I N A M E R I C A


                                “We must remember that a right lost to one is lost to all.”
                                                       William Reece Smith, Jr. (1925 ­ )


1965                                              •	    The first law enforcement­based          •	   The first hotline for battered
                                                        victim assistance programs are                women is started by Women’s
•	       The first crime victim compensation            established in Fort Lauderdale,               Advocates in St. Paul, Minnesota.
         program is established in California.          Florida, and Indianapolis, Indiana.      •	   Women’s Advocates and Haven
•	       By 1970, five additional compensa­       •	    Congress passes the Child Abuse               House in Pasadena, California,
         tion programs are created in                   Prevention and Treatment Act,                 establish the first shelters for
         New York, Hawaii, Massachusetts,               which establishes the National                battered women.
         Maryland, and the U.S. Virgin Islands.         Center on Child Abuse and                •	   Nebraska and Wisconsin become
                                                        Neglect. The new Center                       the first states to abolish the
1972                                                    establishes an information clearing­          marital rape exemption.
                                                        house and provides technical
•	       The first three victim assistance              assistance and model programs.
         programs are established:                                                               1977
         > Aid for Victims of Crime in
            St. Louis, Missouri.                  1975                                           •	   The National Association of Crime
                                                                                                      Victim Compensation Boards is
         > Bay Area Women Against Rape in         •	    The first “Victims’ Rights Week”              established by the existing 22 state
            San Francisco, California.                  is organized by the Philadelphia              victim compensation programs
         >	 Rape Crisis Center in Washing­              District Attorney.                            to foster a nationwide network of
            ton, DC.
                                                  •	    Citizen activists from across the             compensation programs.
                                                        country unite to expand victim           •	   Oregon becomes the first state to
1973                                                    services and increase recognition             enact mandatory arrest in domestic
                                                        of victims’ rights through the                violence cases.
•	       The results of the first National              formation of the National
         Crime Victimization Survey are                 Organization for Victim Assistance
         released. The survey, commissioned             (NOVA).                                  1978
         by the President’s Commission on
                                                                                                 •	   The National Coalition Against
         Law Enforcement and the Adminis­
         tration of Justice, asks U.S. house­     1976                                                Sexual Assault is formed to combat
                                                                                                      sexual violence and promote
         hold members about their exposure
                                                  •	    The National Organization for                 services for rape victims.
         to crime. It is intended to comple­
                                                        Women forms a task force to              •	   The National Coalition Against
         ment what is known about crime
                                                        examine the problem of battering.             Domestic Violence (NCADV) is
         from the FBI’s annual compilation
                                                        It calls for research into the                organized as a voice for the
         of crimes reported to law enforcement
                                                        problem, along with money for                 battered women’s movement on
         agencies.
                                                        battered women’s shelters.                    a national level.
                                                  •	    The first national conference on         •	   Parents Of Murdered Children, Inc.
1974                                                    battered women is sponsored by the            (POMC), a self­help support group,
                                                        Milwaukee Task Force on Women                 is founded in Cincinnati, Ohio.
•	       The Law Enforcement Assistance                 in Milwaukee, Wisconsin.
         Administration (LEAA) funds the                                                         •	   Minnesota becomes the first state
                                                  •	    In Fresno County, California, Chief           to allow probable cause (warrant­
         first victim/witness programs in the
                                                        Probation Officer James Rowland               less) arrests in cases of domestic
         Brooklyn and Milwaukee District
                                                        creates the first victim impact state­        assault, regardless of whether a
         Attorneys’ offices, plus seven others
                                                        ment to provide the judiciary with            protection order has been issued.
         through a grant to the National
                                                        an objective inventory of victim
         District Attorneys Association, to
                                                        injuries and losses at sentencing.
         establish model assistance programs
         for victims, encourage victim
         cooperation, and improve prosecution.

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1979                                          1981                                                  missing children is promptly
                                                                                                    entered into the FBI National
•	   Frank G. Carrington, considered by       •	   President Ronald Reagan proclaims                Crime Information Center (NCIC)
     many to be “the father of the                 the first “National Victims’ Rights              computer system.
     victims’ rights movement,” founds             Week” in April.                             •	   Congress abolishes, through failure
     the Crime Victims’ Legal Advocacy        •	   The abduction and murder of                      of appropriations, the Law Enforce­
     Institute, Inc., to promote the rights        six­year­old Adam Walsh prompt a                 ment Assistance Administration;
     of crime victims in the civil and             national campaign to raise public                many grassroots and system­based
     criminal justice systems. The non­            awareness about missing children                 victim assistance programs close.
     profit organization is renamed                and enact laws to better protect
     VALOR, the Victims’ Assistance                children.
     Legal Organization, in 1981.
                                              •	   The Attorney General’s Task Force
                                                                                               1983
•	   The Office on Domestic Violence is            on Violent Crime recommends that            •	   The Office for Victims of Crime
     established in the U.S. Department            a separate national task force be                (OVC) is established by the U.S.
     of Health and Human Services but              created to examine victims’ issues.              Department of Justice within the
     is later closed in 1981.
                                                                                                    Office of Justice Programs to
•	   The World Society of Victimology                                                               implement recommendations from
     is formed to promote research            1982                                                  the President’s Task Force on
     relating to crime victims and victim                                                           Victims of Crime. OVC establishes
                                              •	   In a Rose Garden ceremony,
     assistance, advocate for victims’                                                              a national resource center, trains
                                                   President Reagan appoints
     interests, and advance cooperation                                                             professionals, and develops model
                                                   members of the Task Force on
     of international, regional, and local                                                          legislation to protect victims’ rights.
                                                   Victims of Crime, which holds
     agencies concerned with crime
                                                   public hearings in six cities across        •	   U.S. Attorney General William
     victims’ issues.
                                                   the nation to focus attention on the             French Smith establishes a Task
                                                   needs of crime victims. The Task                 Force on Family Violence, which
1980                                               Force’s Final Report offers 68                   holds six public hearings across
                                                   recommendations that become the                  the United States.
•	   Mothers Against Drunk Driving                 framework for the advancement               •	   U.S. Attorney General Smith issues
     (MADD) is founded after the death             of new programs and policies. Its                the first Attorney General Guidelines
     of 13­year­old Cari Lightner, who             final recommendation, to amend                   for Victim and Witness Assistance,
     was killed by a repeat drunk­driving          the Sixth Amendment of the U.S.                  which outlines standards for federal
     offender. The first two MADD chap­            Constitution to guarantee that                   victim and witness assistance and
     ters are established in Sacramento,           “…the victim, in every criminal                  implementation of victims’ rights
     California, and Annapolis, Maryland.          prosecution, shall have the right to             contained in the federal Victim and
•	   Congress passes the Parental                  be present and to be heard at all                Witness Protection Act of 1982.
     Kidnapping Prevention Act of 1980.            critical stages of judicial proceed­
                                                                                               •	   In April, President Reagan honors
•	   Wisconsin passes the first “Crime             ings…” becomes a vital source of
                                                                                                    crime victims in a White House
     Victims’ Bill of Rights.”                     new energy to secure state victims’
                                                                                                    Rose Garden ceremony.
                                                   rights constitutional amendments.
•	   The First National Day of Unity is                                                        •	   The First National Conference of
     established in October by NCADV          •	   The Victim and Witness Protection
                                                                                                    the Judiciary on Victims of Crime
     to mourn battered women who                   Act of 1982 brings “fair treatment
                                                                                                    is held at the National Judicial
     have died, celebrate women who                standards” to victims and witnesses
                                                                                                    College in Reno, Nevada, with
     have survived the violence, and               in the federal criminal justice system.
                                                                                                    support from the National Institute
     honor all who have worked to             •	   California becomes the first state to            of Justice. Conferees develop
     end domestic violence.                        amend its constitution to address                recommendations for the judiciary
•	   The first Victim Impact Panel is              the interests of crime victims by                on victims’ rights and services.
     sponsored by Remove Intoxicated               establishing a constitutional right
                                                                                               •	   President Reagan proclaims the
     Drivers (RID) in Oswego County,               to victim restitution.
                                                                                                    first National Missing Children’s
     New York.                                •	   The passage of the Missing Children’s            Day in observance of the fourth
                                                   Act of 1982 helps guarantee that                 anniversary of the disappearance
                                                   identifying information about                    of six­year­old Etan Patz.

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•	       Wisconsin passes the first Child       •	   The Spiritual Dimension in Victim           Power that serves as the basis for
         Victim and Witness Bill of Rights.          Services in Charleston, South               victim service reform at national
•	       The International Association of            Carolina, is founded to involve             and local levels throughout the
         Chiefs of Police Board of Governors         the faith community in violence             world.
         adopts a Crime Victims’ Bill of             prevention and victim assistance.      •	   President Reagan announces
         Rights and establishes a Victims’      •	   Congress passes the Family                  the Child Safety Partnership to
         Rights Committee to focus atten­            Violence Prevention and Services            enhance private sector efforts
         tion on the needs of crime victims          Act, which earmarks federal                 to promote child safety, clarify
         by law enforcement officials                funding for programs serving                information about child victimiza­
         nationwide.                                 victims of domestic violence.               tion, and increase public awareness
                                                •	   Concerns of Police Survivors                of child abuse.
                                                     (COPS) is organized at the first       •	   The U.S. Surgeon General issues
1984                                                 police survivors’ seminar held in           a report identifying domestic
•	       The passage of the Victims of Crime         Washington, DC, by 110 relatives of         violence as a major public health
         Act (VOCA) establishes the Crime            officers killed in the line of duty.        problem.
         Victims Fund, made up of federal       •	   A victim/witness notification
         criminal fines, penalties, and bond         system is established within the
         forfeitures, to support state victim        Federal Bureau of Prisons.
                                                                                            1986
         compensation and local victim          •	   Victim/witness coordinator             •	   The Crime Victims Fund deposits
         assistance programs.                        positions are established in the            total $62 million.
•	       President Reagan signs the Justice          U.S. Attorneys’ Offices within         •	   OVC awards the first grants to
         Assistance Act, which establishes           the U.S. Department of Justice.             support state victim assistance and
         a financial assistance program for     •	   California State University, Fresno,        compensation programs.
         state and local government and              initiates the first Victim Services
         funds 200 new victim service                                                       •	   Two years after its passage, the
                                                     Certificate Program offered for             Victims of Crime Act is amended
         programs.                                   academic credit by a university.            by the Children’s Justice Act to
•	       The National Center for Missing        •	   OVC establishes the National                provide funds specifically for the
         and Exploited Children is                   Victims Resource Center, now                investigation and prosecution of
         established as the national                 named the Office for Victims of             child abuse.
         resource agency for missing                 Crime Resource Center (OVCRC),
         children. The Center was mandated                                                  •	   More than 100 victim advocates meet
                                                     to serve as a clearinghouse for OVC         in Washington, DC, at a forum
         as part of the Missing Children’s           publications and other resources.
         Assistance Act of 1982.                                                                 sponsored by NOVA, and formally
                                                                                                 agree to seek a federal constitu­
•	       The Task Force on Family Violence                                                       tional amendment on victims’ rights.
         presents its report to the U.S.        1985
         Attorney General with recommen­                                                    •	   Rhode Island passes a victims’
         dations for action, including          •	   The Crime Victims Fund deposits             rights constitutional amendment
         improving the criminal justice              total $68 million.                          granting victims the rights to
         system’s response to battered          •	   The National Victim Center                  restitution, to submit victim
         women and establishing prevention           (renamed the National Center for            impact statements, and to be treated
         and awareness activities,                   Victims of Crime in 1998) is                with dignity and respect.
         education and training, and data            founded in honor of attempted­         •	   MADD’s “Red Ribbon Campaign”
         collection and reporting.                   murder victim Sunny von Bulow               enlists motorists to display a red
•	       The National Minimum Drinking               to promote the rights and needs             ribbon on their automobiles,
         Age Act of 1984 is enacted, provid­         of crime victims and to educate             signaling a pledge to drive safely
         ing strong incentives to states to          Americans about the devastating             and soberly during the holidays.
         raise the minimum age for drinking          effect of crime on our society.             This national public awareness
         to 21, saving thousands of young       •	   The United Nations General                  effort has since become an annual
         lives in years to come.                     Assembly adopts the Declaration             campaign.
                                                     of Basic Principles of Justice for     •	   By year’s end, 35 states have
                                                     Victims of Crime and Abuse of               established victim compensation
                                                                                                 programs.
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1987                                             Florida legislature reconsiders, and      •	   OVC sponsors the first “Indian
                                                 the constitutional amendment                   Nations: Justice for Victims of
•	   The Crime Victims Fund deposits             appears on the 1988 ballot.                    Crime” conference in Rapid City,
     total $77 million.                                                                         South Dakota.
•	   The National Victims’ Constitutional                                                  •	   Amendments to the Victims of
     Amendment Network and Steering         1988                                                Crime Act legislatively establish
     Committee are formed at a meeting                                                          the Office for Victims of Crime,
                                            •	   The Crime Victims Fund deposits
     hosted by the National Center for                                                          elevate the position of Director by
                                                 total $93 million.
     Victims of Crime. This initiative                                                          making Senate confirmation neces­
     becomes instrumental in the pas­       •	   OVC sets aside funds for the Victim
                                                                                                sary for appointment, and encour­
     sage of victims’ rights amendments          Assistance in Indian Country grant
                                                                                                age state compensation programs
     throughout the United States.               program to provide direct services
                                                                                                to cover victims of domestic
                                                 to Native Americans by establishing
•	   Security on Campus, Inc., (SOC) is                                                         violence, homicide, and drunk
                                                 “on­reservation” victim assistance
     established by Howard and Connie                                                           driving. In addition, VOCA amend­
                                                 programs in Indian Country.
     Clery, following the tragic robbery,                                                       ments, at the behest of MADD
     rape, and murder of their daughter,    •	   The National Aging Resource                    and POMC, add a new “priority”
     Jeanne, at Lehigh University in             Center on Elder Abuse is estab­                category for funding victim assis­
     Pennsylvania. SOC raises national           lished by a cooperative agreement              tance programs for “previously
     awareness about crime and victim­           among the American Public Welfare              underserved victims of violent crime.”
     ization on our nation’s campuses.           Association, the National Association
                                                                                           •	   OVC establishes a Federal
                                                 of State Units on Aging, and the
•	   The American Correctional                                                                  Emergency Fund for victims in the
                                                 University of Delaware. Renamed
     Association establishes a Task Force                                                       federal criminal justice system.
                                                 the National Center on Elder
     on Victims of Crime.
                                                 Abuse, it continues to provide
•	   NCADV establishes the first
     national toll­free domestic violence
                                                 information and statistics.               1989
                                            •	   State v. Ciskie is the first case to
     hotline.                                                                              •	   The Crime Victims Fund deposits
                                                 allow the use of expert testimony
•	   October is officially designated as         to explain the behavior and mental             total $133 million.
     National Domestic Violence Aware­           state of an adult rape victim. The        •	   In a 5­4 decision, the U.S. Supreme
     ness Month to honor battered                testimony is used to show why a                Court reaffirms in South Carolina v.
     women and those who serve them.             victim of repeated physical and                Gathers its 1987 decision in Booth v.
•	   In a 5­4 decision, the U.S. Supreme         sexual assaults by her intimate                Maryland that victim impact
     Court rules in Booth v. Maryland            partner would not immediately call             evidence and arguments are
     (482 U.S. 496) that victim impact           the police or take action. The jury            unconstitutional when applied to
     statements are unconstitutional             convicts the defendant on four                 the penalty phase of a capital trial.
     (in violation of the Eighth Amend­          counts of rape.                                Again, significant dissenting
     ment) when applied to the penalty      •	   The Drunk Driving Prevention Act               opinions are offered.
     phase of a capital trial because            is passed, and all states raise the       •	   The legislatures in Texas and
     “only the defendant’s personal              minimum drinking age to 21.                    Washington pass victims’ rights
     responsibility and moral guilt” may                                                        constitutional amendments.
                                            •	   Victims’ rights constitutional
     be considered in capital sentencing.                                                       Both are ratified by voters.
                                                 amendments are introduced in
     Significant dissenting opinions are
                                                 Arizona, California, Connecticut,
     offered.
                                                 Delaware, Michigan, South
•	   Victims and advocates in Florida,           Carolina, and Washington. Florida’s
     frustrated by five years of inaction        amendment is placed on the
     by their legislature on a proposed          November ballot, where it passes
     victims’ rights constitutional              with 90 percent of the vote.
     amendment, begin a petition                 Michigan’s amendment passes
     drive. Thousands of citizens sign           with over 80 percent of the vote.
     petitions supporting constitutional
     protection for victims’ rights. The



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1990                                             1991                                           •	   The New Jersey legislature passes
                                                                                                     a victims’ rights constitutional
                                                 •	   The Crime Victims Fund deposits                amendment, which is ratified by
•	       The Crime Victims Fund deposits
                                                      total $128 million.                            voters in November.
         total $146 million.
                                                 •	   U.S. Representative Ileana                •	   Colorado legislators introduce a
•	       Congress passes the Hate Crime
                                                      Ros­Lehtinen (R­FL) introduces                 victims’ rights constitutional
         Statistics Act, requiring the U.S.
                                                      the first Congressional Joint Resolu­          amendment on the first day of
         Attorney General to collect data on
                                                      tion (H. J. RES. 247) to place victims’        National Crime Victims’ Rights
         the incidence of certain crimes
                                                      rights in the U.S. Constitution.               Week. The bill is unanimously
         motivated by prejudice based on
         race, religion, sexual orientation,     •	   California State University, Fresno,           passed by both Houses to be placed
         or ethnicity.                                approves the first bachelor’s                  on the ballot in 1992.
                                                      degree program in victimology             •	   In an 8­0 decision, the U.S.
•	       The Student Right to Know and
                                                      in the nation.                                 Supreme Court rules in Simon &
         Campus Security Act, requiring
         institutions of higher education to     •	   The National Center for Victims of             Schuster v. New York Crime Victims
         disclose murder, rape, robbery, and          Crime releases America Speaks Out,             Board that New York’s notoriety­for­
         other crimes on campus, is signed            a report on the first national                 profit statute was overly broad and
         into law by President George H.W.            public opinion poll to examine                 unconstitutional. Notoriety­for­
         Bush.                                        citizens’ attitudes about violence             profit statutes had been passed
                                                      and victimization.                             by many states by this time to
•	       Congress passes the Victims of
                                                 •	   In a 7­2 decision in Payne v.                  prevent convicted criminals from
         Child Abuse Act, which features
                                                      Tennessee (501 U.S. 808), the U.S.             profiting from the proceeds of
         reforms to make the federal crimi­
                                                      Supreme Court reverses its earlier             depictions of their crimes in the
         nal justice system less traumatic for
                                                      decisions in Booth v. Maryland                 media or publications.
         child victims and witnesses.
                                                      (1987) and South Carolina v.              •	   The Washington Secretary of State
•	       The Victims’ Rights and Restitution
                                                      Gathers (1989) and rules that                  implements the nation’s first
         Act of 1990 incorporates a Bill of
                                                      testimony and prosecutorial argu­              Address Confidentiality Program,
         Rights for federal crime victims and
                                                      ments commenting on the murder                 which provides victims of domestic
         codifies services that should be
                                                      victim’s good character, as well as            violence, stalking, and sexual
         available to victims of crime.
                                                      how the victim’s death affected his            assault an alternative, confidential
•	       Congress passes legislation                  or her survivors, do not violate the           mailing address and secures the
         proposed by MADD to prevent                  defendant’s constitutional rights in           confidentiality of two normally
         drunk drivers and other offenders            a capital case.                                public records—voter registration
         from filing bankruptcy to avoid                                                             and motor vehicle records.
                                                 •	                                   .
                                                      U.S. Attorney General William P Barr
         paying criminal restitution or
                                                      issues new comprehensive guide­           •	   By the end of 1991, seven states
         civil fines.
                                                      lines that establish procedures for            have incorporated victims’ rights
•	       The Arizona petition drive to place          the federal criminal justice system            into their state constitutions.
         the victims’ rights constitutional           to respond to the needs of crime
         amendment on the ballot succeeds,            victims. The 1991 Attorney General
         and the amendment is ratified by             Guidelines for Victim and Witness         1992
         voters.                                      Assistance implement new protec­
                                                      tions of the Crime Control Act of         •	   The Crime Victims Fund deposits
•	       The first National Incidence Study
                                                      1990, integrating requirements of              total $221 million.
         on Missing, Abducted, Runaway
         and Thrownaway Children in                   the Crime Victims’ Bill of Rights,        •	   The National Center for Victims of
         America shows that more than one             the Victims of Child Abuse Act,                Crime releases Rape in America:
         million children are abducted                and the Victim and Witness                     A Report to the Nation, a ground­
         annually.                                    Protection Act.                                breaking study on forcible rape,
                                                 •	   The American Probation and Parole              including data on rape frequency,
•	       The National Child Search
                                                      Association establishes a Victim               victims’ reporting rate to police, the
         Assistance Act requires law
                                                      Issues Committee to examine                    impact of rape on victims’ mental
         enforcement to enter reports of
                                                      victims’ issues and concerns                   health, and the effect of media
         missing children and unidentified
                                                      related to community corrections.              disclosure of victim identities on
         persons into the FBI’s NCIC
                                                                                                     reporting rape to law enforcement.
         computer system.

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•	   The Association of Paroling                   which makes unlawful removal of a               >	 Establishment of a National
     Authorities International estab­              child from outside the United States               Child Sex Offender Registry.
     lishes a Victim Issues Committee              with the intent to obstruct the                 >	 Enhanced sentences for drunk
     to examine victims’ needs, rights,            lawful exercise of parental rights a               drivers with child passengers.
     and services in parole processes.             federal felony.
                                                                                              •	   Kentucky becomes the first state
•	   Congress reauthorizes the Higher         •	   President William J. Clinton signs              to institute automated telephone
     Education Bill, which includes the            the “Brady Bill,” requiring a                   notification to crime victims of
     Campus Sexual Assault Victims’                waiting period for the purchase                 their offender’s status, location,
     Bill of Rights.                               of handguns.                                    and release date.
•	   The Battered Women’s Testimony           •	   Congress passes the Child Sexual           •	   OVC establishes the Community
     Act, which urges states to accept             Abuse Registry Act, establishing a              Crisis Response program, using
     expert testimony in criminal cases            national repository for information             the NOVA model, to improve
     involving battered women, is                  about child sex offenders.                      services to victims in communities
     passed by Congress and signed into       •	   Twenty­two states pass anti­stalking            that have experienced a crime
     law by President George H. W.                 statutes, bringing the total number             resulting in multiple violent
     Bush.                                         of states with anti­stalking laws to            victimizations.
•	   In a unanimous decision, the U.S.             50, plus the District of Columbia.
     Supreme Court—in R.A.V. v. City of
     St. Paul—strikes down a local hate                                                       1995
     crimes ordinance in Minnesota.           1994
                                                                                              •	   The Crime Victims Fund deposits
     The ordinance had prohibited the
                                              •	   The Crime Victims Fund deposits                 total $233 million.
     display of a symbol which one
                                                   total $185 million.                        •	   Legislatures in three states—
     knew or had reason to know
     “arouses anger, alarm or resentment      •	   The American Correctional                       Indiana, Nebraska, and North
     in others on the basis of race, color,        Association Victims Committee                   Carolina—pass victims’ rights
     creed, religion or gender,” and               publishes the landmark Report                   constitutional amendments that
     was found to violate the First                and Recommendations on Victims                  will be placed on the ballot in 1996.
     Amendment.                                    of Juvenile Crime, which offers            •	   The National Victims’ Constitutional
                                                   guidelines for improving victims’               Amendment Network proposes the
•	   Five states—Colorado, Kansas,
                                                   rights and services within the                  first draft of language for a federal
     Illinois, Missouri, and New
                                                   juvenile justice system.                        victims’ rights constitutional
     Mexico—ratify victims’ rights
     constitutional amendments.               •	   Six additional states pass victims’             amendment.
                                                   rights constitutional amendments—          •	   The first class graduates from the
•	   Twenty­eight states pass
                                                   the largest number ever in a single             National Victim Assistance Academy
     anti­stalking laws.
                                                   year—bringing the total number                  (NVAA) in Washington, DC.
•	   Massachusetts passes a landmark               of states with amendments to 20.                Supported by OVC, NVAA provides
     bill creating a statewide computer­           States with new amendments                      an academically credited 45­hour
     ized domestic violence registry               include Alabama, Alaska, Idaho,                 curriculum on victimology, victims’
     and requires judges to check the              Maryland, Ohio, and Utah.                       rights, and other victim­related
     registry when handling such cases.
                                              •	   President Clinton signs a                       topics.
                                                   comprehensive package of federal           •	   The Anatomy of Fraud: Report of a
1993                                               victims’ rights legislation as part of          Nationwide Survey by Richard Titus,
                                                   the Violent Crime Control and Law               Fred Heinzelmann, and John M.
•	   The Crime Victims Fund deposits               Enforcement Act. The Act includes:              Boyle is published. The report
     total $144 million.                           >	 The Violence Against Women Act               is based on the first nationwide
•	   Wisconsin ratifies its victims’ rights           (VAWA), which authorizes more                survey, conducted in 1991 by the
     constitutional amendment, bringing               than $1 billion in funding for               National Institute of Justice, to
     the total number of states with                  programs to combat violence                  determine the scope of fraud and
     these amendments to 14.                          against women.                               its effects, with findings that an
•	   Congress passes the International             >	 Enhanced VOCA funding                        estimated $40 billion is lost to fraud
     Parental Child Kidnapping Act,                   provisions.                                  each year. One­third of the people
                                                                                                   surveyed reported that an attempt
                                                                               2009         NCVRW     RESOURCE          GUIDE        |   7
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         to defraud them had occurred in               communities of the location of         •	   The Office of Juvenile Justice and
         the previous year.                            convicted sex offenders.                    Delinquency Prevention, within the
•	       The U.S. Department of Justice           •	   President Clinton signs the                 U.S. Department of Justice, issues
         issues the revised Attorney General           Antiterrorism and Effective Death           the Juvenile Justice Action Plan,
         Guidelines for Victim and Witness             Penalty Act, providing $1 million           which includes recommendations
         Assistance. These guidelines                  to strengthen antiterrorism efforts,        for victims’ rights and services
         increase the accountability of                make restitution mandatory in               within the juvenile justice system
         federal criminal justice officials,           violent crime cases, and expand             for victims of juvenile offenders.
         directing that performance appraisals         compensation and assistance for
         and reports of best efforts include           victims of terrorism both at home
         information on compliance with                and abroad, including victims in
                                                                                              1997
         the Attorney General Guidelines for           the military.                          •	   The Crime Victims Fund deposits
         Victim and Witness Assistance.           •	   OVC uses its new authority under            total $363 million.
•	       The Beijing World Conference on               the Antiterrorism and Effective        •	   Congress passes the Victims’ Rights
         Women issues a landmark call for              Death Penalty Act to provide                Clarification Act of 1997 to clarify
         global action to end violence                 substantial financial assistance to         existing federal law allowing
         against women.                                the victims and survivors of the            victims to attend a trial and to
                                                                                .
                                                       bombing of the Alfred P Murrah              appear as “impact witnesses”
                                                       Federal Building in Oklahoma City.          during the sentencing phase of
1996                                              •	   The Mandatory Victims’ Restitution          both capital and non­capital cases.
•	       The Crime Victims Fund reaches an             Act, enacted as Title II of the             President Clinton signs the Act,
         historic high with deposits over              Antiterrorism and Effective Death           allowing the victims and survivors
         $525 million.                                 Penalty Act, allows federal courts                                          .
                                                                                                   of the bombing of the Alfred P Mur­
                                                       to award “public harm” restitution          rah Federal Building in Oklahoma
•	       Federal victims’ rights constitutional                                                    City to observe the trial and to
                                                       directly to state VOCA victim
         amendments are introduced in both                                                         provide input later at sentencing.
                                                       assistance programs. The Act makes
         houses of Congress with bipartisan
                                                       restitution in federal cases manda­    •	   A federal victims’ rights
         support.
                                                       tory, regardless of the defendant’s         constitutional amendment is
•	       Both presidential candidates and              ability to pay. It also requires            reintroduced in the opening days
         Attorney General Janet Reno                   federal courts to order restitution         of the 105th Congress with strong
         endorse the concept of a federal              to victims of fraud.                        bipartisan support. The Senate
         victims’ rights constitutional                                                            and House Judiciary Committees
                                                  •	   The VOCA definition of “crime
         amendment.                                                                                conduct hearings on the proposed
                                                       victim” is expanded to include
•	       Eight states ratify the passage of            victims of financial crime, allowing        federal victims’ rights constitutional
         victims’ rights constitutional                this group to receive counseling,           amendment. While not endorsing
         amendments—raising the total                  advocacy, and support services.             specific language, Attorney General
         number of such state constitutional                                                       Janet Reno testifies at the Senate
                                                  •	   The National Domestic Violence
         amendments to 29 nationwide.                                                              hearing in support of federal consti­
                                                       Hotline is established by Congress
•	       President Clinton reaffirms his               to provide crisis intervention              tutional rights for crime victims.
         support of federal constitutional             information and referrals to victims   •	   To fully recognize the sovereignty
         rights for crime victims in a Rose            of domestic violence and their              of Indian Nations, OVC for the first
         Garden ceremony attended by                   friends and family.                         time provides victim assistance
         members of Congress, criminal                                                             grants directly to tribes in Indian
                                                  •	   The Church Arson Prevention Act is
         justice officials, and representatives                                                    Country.
                                                       signed in response to an increasing
         of local, state, and national victims’                                               •	   Congress enacts a federal anti­
                                                       number of acts of arson against
         rights organizations.                                                                     stalking law as part of the National
                                                       religious institutions around the
•	       The Community Notification Act,               country.                                    Defense Authorization Act for
         known as “Megan’s Law,” amends                                                            Fiscal Year 1997.
                                                  •	   The Drug­induced Rape Prevention
         the Child Sexual Abuse Registry                                                      •	   Due to the large influx of VOCA
                                                       Act is enacted to address the emerg­
         law to provide for notifying                                                              funds in the previous fiscal year,
                                                       ing issue of drug­facilitated rape
                                                       and sexual assault.                         OVC hosts a series of regional

8    |     2009      NCVRW        RESOURCE        GUIDE
                                                                  A N H I S T O R I C A L O V E R V I E W

     meetings with state VOCA adminis­            and Tennessee. The Supreme Court               of losses to any individual victim.
     trators to encourage states to               of Oregon, however, overturns the              The Act further authorizes the
     develop multiyear funding                    Oregon state victims’ rights amend­            Federal Trade Commission to log
     strategies to help stabilize local           ment, originally passed in 1996,               and acknowledge reports of identity
     program funding, expand outreach             citing structural deficiencies.                theft, provide information to victims,
     to previously underserved victims,      •	   The Higher Education Amendments                and refer complaints to appropriate
     and support the development and              of 1998 is passed. Part E of this              consumer reporting and law
     implementation of technologies               legislation, “Grants to Combat                 enforcement agencies.
     to improve victims’ rights and               Violent Crimes Against Women on           •	   OVC provides funding to the U.S.
     services.                                    Campus,” is authorized through                 Department of State to support the
•	   OVC continues its support of the             the year 2003 and appropriates                 development of a Victim Assistance
     victims and survivors of the bomb­           a total of $10 million in grant fund­          Specialist position to improve
                        .
     ing of the Alfred P Murrah Federal           ing to the Violence Against Women              the quality and coordination of
     Building in Oklahoma City by                 Grants Office for Fiscal Year 1999.            services provided to U.S. citizens
     funding additional advocates,                Another primary aim of this legisla­           who are victimized abroad.
     crisis counseling, and travel                tion is to reduce binge drinking and
     expenses for the bombing victims             illegal alcohol consumption on
     to attend court proceedings. When            college campuses.                         1999
     the venue of the trial is changed       •	   Congress enacts the Child                 •	   The Crime Victims Fund deposits
     to Denver, Colorado, OVC provides            Protection and Sexual Predator                 total $985 million, the second high­
     funding for a special closed­circuit         Punishment Act of 1998, providing              est level in the history of the Fund.
     broadcast to victims and survivors           for numerous sentencing enhance­
     in Oklahoma City.                                                                      •	   The proposed federal victims’
                                                  ments and other initiatives
                                                                                                 rights constitutional amendment
•	   OVC releases New Directions from             addressing sex crimes against
                                                                                                 (Senate Joint Resolution 3, identical
     the Field: Victims’ Rights and               children, including crimes
                                                                                                 to SJR 44) is introduced in the 106th
     Services for the 21st Century, which         facilitated by the use of interstate
                                                                                                 Congress.
     assesses the nation’s progress in            facilities and the Internet.
     meeting the recommendations set                                                        •	   The fifth National Victim Assistance
                                             •	   Congress passes the Crime Victims
     forth in the Final Report of the 1982                                                       Academy is held in June at five
                                                  with Disabilities Awareness Act,
     President’s Task Force on Victims of                                                        university locations across the
                                                  representing the first effort to
     Crime and issues over 250 new                                                               United States, bringing the total
                                                  systematically gather information
     recommendations from the field for                                                          number of Academy graduates to
                                                  about the extent of victimization of
     the next millennium.                                                                        nearly 1,000.
                                                  individuals with disabilities. This
                                                  legislation directs the Attorney          •	   OVC issues the first grants to
                                                  General to conduct a study on                  create State Victim Assistance
1998                                              crimes against individuals with                Academies.
•	   The Crime Victims Fund deposits              developmental disabilities. In            •	   The National Crime Victim Bar
     total $324 million.                          addition, the Bureau of Justice                Association is formed by the
                                                  Statistics must include statistics             National Center for Victims of
•	   Senate Joint Resolution 44, a new
                                                  on the nature of crimes against                Crime to promote civil justice for
     bipartisan version of a federal
                                                  individuals with developmental                 victims of crime.
     victims’ rights constitutional
                                                  disabilities and victim characteris­
     amendment, is introduced in the
                                                  tics in its annual National Crime
     Senate by Senators Jon Kyl (R­AZ)
                                                  Victimization Survey by 2000.             2000
     and Dianne Feinstein (D­CA).
     The Senate Judiciary Committee          •	   The Identity Theft and Deterrence         •	   The Crime Victims Fund deposits
     subsequently approves SJR 44 by              Act of 1998 is signed into law.                total $777 million.
     an 11­6 vote. No further action is           This landmark federal legislation
                                                  outlaws identity theft and directs        •	   Congress passes a new national
     taken on SJR 44 during the 105th
                                                  the U.S. Sentencing Commission                 drunk driving limit of 0.08 blood
     Congress.
                                                  to consider various factors in                 alcohol concentration (BAC) with
•	   Four new states pass state victims’                                                         the strong support of MADD and
                                                  determining penalties, including
     rights constitutional amendments:                                                           other victim advocacy organizations,
                                                  the number of victims and the value
     Louisiana, Mississippi, Montana,
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     as well as leading highway safety,            Survey are the lowest recorded                World Trade Center, another into
     health, medical, law enforcement,             since the survey’s creation in 1973.          the Pentagon, and a fourth into
     and insurance groups. The new law,      •	    The Treasury Department conducts              a field in Somerset County, Pennsyl­
     passed with strong bipartisan                 the National Summit on Identity               vania, killing 2,974 victims and
     support, requires states to pass 0.08         Theft, which addresses prevention             injuring countless others in the
     “per se intoxication” laws or lose a          techniques, victims’ experiences,             worst terrorist attacks on American
     portion of their annual federal               and remediation in the government             soil.
     highway funding.                              and private sector. The summit is        •	   Congress and President George W.
•	   Congress reauthorizes the Violence            the first national­level conference           Bush respond to the terrorist acts of
     Against Women Act of 2000,                    involving law enforcement, victims,           September 11 with a raft of new
     extending VAWA through 2005 and               industry representatives, and                 laws providing funding for victim
     authorizing funding at $3.3 billion           nonprofit organizations interested            assistance, tax relief for victims, and
     over the five­year period. In                 in the issue. At the summit,                  other accommodations and protec­
     addition to expanding federal                 Treasury Secretary Lawrence                   tions for victims. As part of the Air
     stalking statutes to include                  Summers unveils four new                      Transportation Safety and System
     stalking on the Internet, the Act             initiatives to address identity theft.        Stabilization Act, a new federal vic­
     authorizes:                             •	    A federal victims’ rights                     tim compensation program is cre­
     >	 $80 million a year for rape                constitutional amendment is                   ated specifically for the victims of
        prevention and education                   addressed for the first time by               September 11. The program
        grants.                                    the full U.S. Senate. Following               includes many types of damages
                                                   two­and­a­half days of debate,                normally available only through
     >	 $875 million over five years for                                                         civil actions, such as payment for
        battered women’s shelters.                 the measure (SJR 3) is withdrawn
                                                   for further consideration by its              pain and suffering, lifetime lost
     >	 $25 million in 2001 for                    cosponsors, Senators Kyl (R­AZ)               earnings, and loss of enjoyment
        transitional housing program.              and Feinstein (D­CA), when it                 of life. To receive compensation,
     >	 $25 million to address violence            becomes apparent that the                     claimants are required to waive
        against older women and women              measure will not receive the                  their right to bring civil action for
        with disabilities.                         two­thirds majority vote necessary            damages suffered as a result of the
                                                   for approval.                                 terrorist acts.
•	   The Internet Crime Complaint
     Center Web site, www.ic3.gov, is        •	    Congress passes and the President        •	   Congress passes and President
     created by the U.S. Department                signs the Trafficking Victims                 Bush signs the USA PATRIOT Act
     of Justice, Federal Bureau of Inves­          Protection Act of 2000. This new              of 2001, a package of antiterrorism
     tigation, and the National White              law significantly strengthens                 legislation that includes changes to
     Collar Crime Center to combat                 criminal enforcement, prosecution,            the Victims of Crime Act (VOCA),
     Internet fraud by giving consumers            and penalties against traffickers;            including increasing the percentage
     a convenient way to report                    provides new protections to                   of state compensation payments
     violations and by centralizing                victims; and enables victims of               reimbursable by the federal
     information about fraud crimes                severe forms of trafficking to seek           government and allowing OVC to
     for law enforcement.                          benefits and services available to            fund compliance and evaluation
                                                   other crime victims.                          projects.
•	   Attorney General Janet Reno
     revises and reissues the Attorney                                                      •	   OVC augments state victim
     General Guidelines for Victim                                                               compensation funding to aid
     and Witness Assistance, which
                                             2001                                                victims of the September 11 terror­
     mandates that every Department of                                                           ist attacks in New York, Virginia,
                                             •	    The Crime Victims Fund deposits
     Justice employee who comes into                                                             and Pennsylvania; offers assistance
                                                   total $544 million.
     contact with crime victims receives                                                         to victims of the September 11
     at minimum one hour of training         •	    The National Crime Victimization              terrorist attack on the Pentagon
     about victim rights laws and the              Survey results for 2000 are released,         through the Pentagon Family
     guidelines.                                   showing that victimization rates              Assistance Center; and establishes
                                                   continue to drop, reaching a new              a toll­free telephone number and
•	   Victimization rates as reported in            low of 26 million victims.                    secure Web site for victims and
     the National Crime Victimization
                                             •	    On September 11, 2001, two                    their immediate family members.
                                                   hijacked planes crash into the
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•	   The Child Abuse Prevention and           •	   President Bush attends the                     vention is released by the National
     Enforcement Act and Jennifer’s                presentation of the National Crime             Council on Crime and Delinquency
     Law increase the annual Crime                 Victims’ Rights Week awards and                and the National Center for Victims
     Victims Fund set­aside for child              announces the Administration’s                 of Crime. This landmark report
     abuse victims from $10 million to             support for the proposed Crime                 documents the disproportionate
     a maximum of $20 million, and                 Victims’ Rights Amendment to the               representation of teenagers, ages
     allow the use of Byrne grant funds            U.S. Constitution.                             12 to 19, as victims of crime, and
     for the prevention of child abuse        •	   The National Association of VOCA               discusses promising prevention and
     and neglect. Jennifer’s Law author­           Assistance Administrators (NAVAA)              intervention strategies.
     izes $2 million per year through              is established. With OVC support,
     Fiscal Year 2002 for states to apply          NAVAA provides technical assis­
     for grants to cover costs associated          tance and training to state VOCA
                                                                                             2003
     with entering complete files of               assistance administrators.
     unidentified crime victims into the                                                     •	   The Crime Victims Fund deposits
     FBI’s NCIC database.                     •	   OVC makes available the first                  total $361 million.
                                                   Helping Outreach Programs to              •	   The Senate Judiciary Committee
•	   New regulations, policies, and                Expand grants to grassroots,
     procedures for victims of trafficking                                                        passes the federal victims’ rights
                                                   nonprofit, community­based victim              constitutional amendment to
     dramatically change the response              organizations and coalitions to
     to this class of crime victims by                                                            ensure basic rights to victims
                                                   improve outreach and services to               nationwide.
     agencies throughout the federal               victims of crime through the
     government, including the U.S.                support of program development,           •	   Congress makes the Office on
     Department of State, the U.S.                 networking, coalition building,                Violence Against Women (formerly
     Department of Health and Human                and service delivery.                          the Violence Against Women Office
     Services, and several U.S. Depart­                                                           within the Office of Justice Programs)
     ment of Justice agencies (the FBI,       •	   Congress appropriates approxi­                 a permanent, independent office
     the Immigration and Naturalization            mately $20 million to fund services            within the U.S. Department of
     Service, and U.S. Attorneys’ Offices).        for trafficking victims, including             Justice.
                                                   shelter, medical and mental health
                                                   care, legal assistance, interpretation,   •	   Congress passes and President
                                                                                                  Bush signs the PROTECT Act of
2002                                               and advocacy.
                                                                                                  2003—also known as the “Amber
                                              •	   President Bush hosts the first                 Alert” law—which creates a
•	   The Crime Victims Fund deposits               White House Conference on
     total $519 million.                                                                          national AMBER network to
                                                   Missing, Exploited, and Runaway                facilitate rapid law enforcement
•	   OVC releases final program                    Children and announces his strong              and community response to
     guidelines and an accompanying                support for the Hutchison­Feinstein            kidnapped or abducted children.
     application kit for the Antiterrorism         National AMBER Alert Network Act
     and Emergency Assistance Program              of 2002, which would help develop,        •	   The American Society of Victimology
     for Terrorism and Mass Violence               enhance, and coordinate AMBER                  (ASV) is established at the first
     Crimes, which provides funding to             (America’s Missing: Broadcast                  American Symposium on Victimol­
     compensate and assist victims of              Emergency Response). The Assis­                ogy held in Kansas City, Kansas.
     terrorism and mass violence that              tant Attorney General for the                  The ASV serves as a forum for
     occur within and outside the                  Office of Justice Programs is desig­           academicians and practitioners on
     United States.                                nated as the National AMBER Alert              all topics related to victimology in
                                                   Coordinator at the Department of               partnership with the World Society
•	   The National Crime Victimization                                                             of Victimology.
     Survey continues to show a decline            Justice.
     in crime victimization. Violent          •	   By the end of 2002, all 50 states,        •	   The Prison Rape Elimination Act
     crime victimization dropped 10                the District of Columbia, the U.S.             of 2003 is enacted to track and
     percent from the previous year,               Virgin Islands, Puerto Rico, and               address the issue of rape in correc­
     and property crime dropped 6                  Guam have established crime                    tional institutions and develop
     percent.                                      victim compensation programs.                  national standards aimed at
                                                                                                  reducing prison rape.
                                              •	 Our Vulnerable Teenagers: Their
                                                 Victimization, Its Consequences, and
                                                 Directions for Prevention and Inter­
                                                                             2009       NCVRW      RESOURCE          GUIDE       |     11
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•	   Congress establishes January as               and recommendations for prevent­         •	   President Bush hosts the first
     National Stalking Awareness                   ing sexual assault in the military            national training conference on
     Month.                                        and providing a sensitive response            human trafficking, which brings
•	   The National Domestic Violence                to victims. The recommendations               together trafficking response teams
     Hotline, operated by the Texas                include establishing a single office          of federal, state, and local law
     Council on Family Violence,                   within the U.S. Department of                 enforcement personnel, prosecu­
     receives its one millionth call.              Defense to handle sexual assault              tors, and victim service providers
                                                   matters, launching an information             from at least 21 cities with a known
•	   The U.S. Postal Service releases the          campaign to inform personnel                  concentration of trafficking victims.
     Stop Family Violence postage stamp            about services available to victims,          The conference emphasizes the
     to raise money for domestic violence          and convening a summit to update              importance of combating trafficking
     prevention programs.                          the definition of sexual assault and          using a victim­centered approach.
•	   Congress appropriates $22 million             address victim privacy concerns          •	   The National Center for Victims of
     for the U.S. Department of Defense’s          within the military context.                  Crime releases Repairing the Harm:
     Family Advocacy Program, $900,000       •	    The Identity Theft Penalty                    A New Vision for Crime Victim
     of which is for the National Domes­           Enhancement Act is enacted,                   Compensation in America, which
     tic Violence Hotline Awareness,               defining aggravated identity theft            examines compensation data from
     Intervention, and Prevention                  as stealing another person’s                  all 50 states, the September 11th
     Campaign in the military services.            identity in connection with the               Victim Compensation Fund, and
•	   The Fair and Accurate Credit                  commission of other specified                 compensation programs in other
     Transactions Act of 2003 is enacted           felonies. The legislation also                countries. The report also provides
     to provide new protections against            prohibits the court from ordering             a framework for strengthening
     identity theft and help victims               an offender’s sentence for identity           victim compensation in the United
     of identity theft recover their               theft to run concurrently with a              States.
     financial losses.                             sentence imposed on the same
•	   Congress passes and President                 offender for any other crime.
     Bush signs the Trafficking Victims      •	    Congress passes and President
                                                                                            2005
     Protection Reauthorization Act.               Bush signs the Justice for All Act       •	   The Crime Victims Fund deposits
     Along with reauthorizing programs             of 2004, which includes the Scott             total $668 million.
     created under the first TVPA, this            Campbell, Stephanie Roper, Wendy
     legislation strengthens prevention                                                     •	   The U.S. Department of Justice
                                                   Preston, Louarna Gillis, and Nila
     efforts, supports prosecution of                                                            establishes an online national sex
                                                   Lynn Crime Victims’ Rights Act,
     offenders, simplifies the process by                                                        offender registry that provides
                                                   providing substantive rights for
     which victims are certified eligible                                                        real­time access to public sex
                                                   crime victims. For the first time,
     for benefits, and allows benefits and                                                       offender data nationwide with a
                                                   the law provides mechanisms at the
     services to be available for                                                                single Internet search.
                                                   federal level to enforce the rights of
     victims’ family members who are               crime victims, giving victims and        •	   OVC and the Bureau of Justice
     legally allowed to come to the                prosecutors legal standing to assert          Assistance initiate a program to
     United States. The legislation also           victims’ rights, authorizing the              establish teams of law enforcement
     creates a civil cause of action for           filing of writs of mandamus to                task forces and victim services to
     victims of forced labor or forced             assert a victim’s right, and requiring        respond to human trafficking. The
     prostitution.                                 the Attorney General to establish a           primary goals of this program are to
                                                   victims’ rights compliance program            develop sustainable programs to
                                                   within the Department of Justice.             combat human trafficking through
2004                                               The legislation authorizes $155               proactive law enforcement and
                                                   million in funding over the next              prosecution at all levels of govern­
•	   The Crime Victims Fund deposits                                                             ment, to coordinate U.S. Attorneys’
     total $834 million, the third highest         five years for victim assistance pro­
                                                   grams at the federal and state level.         Offices’ efforts, to collaborate with
     level in the history of the Fund.                                                           victim service providers, and to
                                                   This omnibus crime legislation also
•	   The U.S. Department of Defense                provides funding for DNA testing,             increase the identification and
     Task Force on Care for Victims of             crime labs, sexual assault forensic           rescue of trafficking victims.
     Sexual Assault releases its report            examiners, and programs for
                                                   post­conviction DNA testing.
12   |   2009     NCVRW        RESOURCE           GUIDE
                                                                   A N H I S T O R I C A L O V E R V I E W

•	   The U.S. House of Representatives        •	   The American Bar Association                 extension of the Violence Against
     establishes the first congressional           releases Elder Abuse Fatality                Women Act includes provisions
     Victims’ Rights Caucus, co­chaired            Review Teams: A Replication                  for early intervention, prevention,
     by Representatives Ted Poe (R­TX)             Manual, developed by the ABA                 and health care, and promotes a
     and Jim Costa (D­CA). The mission             Commission on Law and Aging and              national commitment to keep
     of the Caucus is to elevate crime             funded by OVC. This groundbreak­             women and children safe from
     victim issues in Congress in a                ing manual provides guidance to              fear and abuse.
     bipartisan manner, without infring­           communities on establishing elder       •	   Congress passes and President
     ing on the rights of the accused,             abuse fatality review teams that             Bush signs the Trafficking Victims
     and advocate for crime victims’               review deaths caused by or related           Protection Reauthorization Act
     interests before the Administration           to elder abuse.                              of 2005. This law expands the
     and within Congress.                     •	   The U.S. Department of Justice               Trafficking Victims Protection Act
•	   The Department of Justice                     issues its Final Rule implementing           of 2000 by enhancing efforts
     announces more than $84 million               the victims’ rights compliance               to fight domestic trafficking in
     in DNA grants nationwide as part              provisions of the Crime Victims              persons.
     of President Bush’s Advancing                 Rights’ Act portion of the Justice      •	   During the National Crime Victims’
     Justice Through DNA Technology                for All Act. The rule establishes            Rights Week ceremony, OVC
     initiative. The initiative is designed        the office of the Victims’ Rights            awards the first Ronald Wilson
     to improve the nation’s capacity to           Ombudsman within the Executive               Reagan Public Policy Awards to
     use DNA evidence by eliminating               Office for United States Attorneys           honor outstanding individuals
     casework and convicted offender               (EOUSA) to receive and investigate           whose leadership, vision, and
     backlogs, funding research and                complaints relating to the provision         innovation have led to significant
     development, improving crime lab              or violation of the rights of crime          changes in public policy and
     capacity, providing training for all          victims. The rule establishes proce­         practice that benefit crime victims.
     stakeholders in the criminal justice          dures for filing complaints, investi­
     system, and conducting testing to             gating complaints, and imposing         •	   President Bush signs the Adam
     identify missing persons.                     disciplinary sanctions against               Walsh Child Protection and Safety
                                                   employees when warranted.                    Act of 2006. Along with increasing
•	   Attorney General Alberto Gonzalez                                                          supervision of sex offenders, this
     issues updated Attorney General          •	   The U.S. Department of Defense               wide­ranging legislation also
     Guidelines for Victim and Witness             announces a new sexual assault               extends the federal Crime Victims’
     Assistance. The guidelines incorpo­           policy. The policy creates a                 Rights Act to federal habeas corpus
     rate provisions for crime victims’            military­wide definition of sexual           proceedings arising out of state
     rights and remedies, including                assault, sets a baseline standard for        convictions, eliminates the statute
     those in the Justice for All Act,             prevention and response training             of limitations for federal prosecu­
     which had been enacted since the              for the armed services, and requires         tion of certain sexual offenses and
     publication of the last edition. The          all military installations to have a         child abduction, and extends the
     guidelines also address victim and            sexual assault response coordinator          civil remedy for child sex crime
     witness assistance in human traf­             with a staff of victim advocates. The        victims to persons victimized as
     ficking and identity theft cases.             policy also requires the establish­          children, even if their injuries
•	   The National Association of VOCA              ment of a senior level of command            did not surface until the person
     Assistance Administrators releases            to handle sexual assault cases and           became an adult.
     the Crime Victims Fund Report,                review any administrative discharges
                                                   of sexual assault victims.              •	   Attorney General Alberto Gonzales
     which highlights the Crime Victims                                                         launches Project Safe Childhood,
     Fund’s contribution to the federal                                                         aimed at ending Internet­based
     government’s efforts to assist
     victims, analyzes the sources of
                                              2006                                              child sexual exploitation. This
                                                                                                nationwide project creates locally
     deposits into the Fund, examines         •	   The Crime Victims Fund deposits              designed partnerships of federal,
     the issues involved in administering          total $650 million.                          state, local, and tribal law enforce­
     the Fund, and explores future                                                              ment agencies together with
                                              •	   Congress passes and President
     challenges to the Fund’s capacity                                                          community leaders to develop a
                                                   Bush signs the Violence Against
     to meet victims’ needs.                                                                    coordinated strategy to prevent,
                                                   Women and Department of Justice
                                                   Reauthorization Act of 2005. This            investigate, and prosecute sexual

                                                                            2009      NCVRW      RESOURCE          GUIDE       |   13
C R I M E V I C T I M S ’ R I G H T S I N A M E R I C A

     predators, abusers, and pornogra­        •	    President Bush signs the Older             •	   OVC makes the first payments
     phers who target children. All U.S.            Americans Act Reauthorization                   of the ITVERP program to U.S.
     Attorneys are charged with taking              (OAA), which includes a number                  victims of international acts of
     the lead in designing a strategic              of victim­related provisions. It                terrorism, including the victims of
     plan for their community.                      requires the Assistant Secretary on             the 1998 U.S. Embassy bombings,
•	   The United States Court of Appeals             Aging at the U.S. Department of                 in Nairobi, Kenya, and Dar es
     for the Ninth Circuit decides Kenna            Health and Human Services to                    Salaam, Tanzania; the October 2002
     v. U.S. District Court for the Central         designate an individual to develop              Bali, Indonesia, nightclub bombing;
     District of California, in which the           a long­term plan for a national                 the May 2003 bombing of expatri­
     court considered whether the                   response to elder abuse prevention,             ate housing in Riyadh, Saudi Ara­
     Crime Victims’ Rights Act portion              intervention, and treatment activi­             bia; and the 2003 airport bombing
     of the Justice for All Act gave vic­           ties. The new law improves access               in Davao City, Philippines.
     tims the right to speak at sentenc­            to programs and services under             •	   House and Senate Resolutions
     ing hearings. The case involved a              OAA by addressing the needs of                  establishing September 25 as the
     father and son who swindled                    older individuals with limited                  National Day of Remembrance for
     dozens of victims. The defendants              English proficiency; promotes                   Murder Victims coincide with the
     pled guilty to wire fraud and money            multidisciplinary responses to elder            first annual national event held on
     laundering. More than 60 victims               abuse, neglect, and exploitation                Capitol Hill.
     submitted victim impact state­                 by states and Indian tribes; and
     ments. At the father’s sentencing              preserves the long­term care
     hearing, several victims spoke                 ombudsman program.                         2008
     about the effects of the crimes, but                                                      •	   The Crime Victims Fund deposits
     at the son’s sentencing the judge
     refused to allow the victims to
                                              2007                                                  total $896 million.
                                                                                               •	   The President signs into law the
     speak. The court held that the           •	    For the first time ever, the Crime              Identity Theft Enhancement and
     district judge had made a mistake,             Victims Fund deposits surpass a                 Restitution Act as part of the
     and made three important points:               billion dollars, totaling $1.02 billion.        Former Vice President Protection
     (1) in passing the Crime Victims’                                                              Act of 2008. This legislation
                                              •	    Attorney General Alberto Gonzales
     Rights Act, it was the intent of                                                               permits courts to order restitution
                                                    and Federal Trade Commission
     Congress to allow victims to speak                                                             to cybercrime victims for the costs
                                                    Chairman Deborah Platt Majoras
     at sentencing hearings, not just to                                                            associated with identity theft,
                                                    release the President’s Identity Theft
     submit victim impact statements;                                                               including the loss of time and
                                                    Task Force strategic plan to combat
     (2) victims have a right to speak                                                              money spent restoring their
                                                    identity theft. Task Force recom­
     even if there is more than one crim­                                                           credit record.
                                                    mendations include reducing the
     inal sentencing; and (3) the remedy
                                                    unnecessary use of Social Security         •	   OVC releases two guides on the
     for a crime victim denied the right
                                                    numbers by federal agencies;                    rights of victims of perpetrators
     to speak at a sentencing hearing is
                                                    establishing national standards                 with mental illness, a long­under­
     to have the sentence vacated and a
                                                    requiring private entities to safe­             served victim population. Responding
     new sentencing hearing held in
                                                    guard the personal data they                    to People Who Have Been Victimized
     which the victims are allowed
                                                    compile and to notify consumers                 by Individuals with Mental Illnesses
     to speak.
                                                    of any breach that poses a significant          sets out the steps policymakers,
•	   The Department of Justice issues               risk of identity theft; implementing            advocates, mental health profes­
     its final rule implementing the                a consumer awareness campaign;                  sionals, and others can take to
     new International Terrorism Victim             and creating a National Identity                understand and protect the rights
     Expense Reimbursement Program                  Theft Law Enforcement Center to                 and safety of these crime victims.
     (ITVERP). This new federally                   coordinate law enforcement efforts              A Guide to the Role of Crime Victims
     administered program extends                   and information to improve the                  in Mental Health Courts offers prac­
     crime victim compensation to                   investigation and prosecution of                tical recommendations to mental
     American victims of terrorism                  identity thieves.                               health court practitioners about
     abroad, reimbursing them for                                                                   how to engage crime victims in
     direct, out­of­pocket expenses                                                                 case proceedings. Both publications
     resulting from an act of terror.                                                               were developed by the Council of
                                                                                                    State Governments’ Justice Center.
14    |   2009     NCVRW        RESOURCE           GUIDE
                                            AN HISTORICAL OVERVIEW
•	   Congress passes the Reconnecting
     Homeless Youth Act of 2008, which
     amends the Runaway and Homeless
     Youth Act. This legislation extends
     funding for various programs to
     serve homeless youth, including
     programs to prevent the sexual
     abuse of youth. It includes a
     requirement for regular statistical
     reports on the problem.
•	   OVC releases the Resource Guide
     for Serving U.S. Citizens Victimized
     Abroad, an online guide to help
     U.S.­based victim service providers
     prepare to deliver comprehensive
     and effective services to victims of
     overseas crime. The guide helps
     service providers access resources
     abroad and in the United States.




                                               2009   NCVRW   RESOURCE   GUIDE   |   15

				
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