Crime Victim's Rights
The Rights of Crime Victims
Chapter 950 of the Wisconsin State Statutes identifies the following as the rights of all victim's of crime in the State of Wisconsin.
- To attend court proceedings, subject to any sequestration order. The court may require victims to exercise this right by telephone or other available means, if the victim is incarcerated, under arrest, or committed to a treatment facility, and the victim does not have a representative.
- To be accompanied to court by a service representative, in certain cases.
- To a speedy disposition of the case in order to minimize the length of time a victim must endure the stress of their responsibilities in connection with the case.
- To have his/her interests considered when the court is deciding whether to grant a continuance of any hearing in the case.
- To have his/her interests considered by the court in determining whether to exclude persons from a preliminary hearing.
- To be provided a waiting area in court.
- To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process in order to minimize loss of income or benefits resulting from court appearances.
- To request an order for and to be given the results of testing to determine the presence of sexually transmitted disease or of any strain of human immunodeficiency virus (HIV) in certain cases.
- Upon request, the opportunity to confer (talk) with the district attorney or his/her designee concerning the case and possible outcomes of the prosecution, including potential plea agreements and sentencing recommendations. This right does not limit the obligation of the district attorney to exercise his/her discretion concerning the handling of any criminal charge against the defendant. This conference may take place by telephone or in person.
- Upon request, the opportunity at sentencing to make an oral statement or a written statement to be read in court, relevant to sentencing.
- To have the pre-sentence investigation writer, in cases in which a pre-sentence report is ordered, make a reasonable attempt to contact the victim.
- To request that the court order restitution, and to enter a civil judgment for unpaid restitution.
- Upon request, to receive information about the outcome of the case.
- To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If possible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the owner within ten days of being taken.
- To complain to the Department of Justice, in Madison, concerning the treatment of crime victims and to request review by the crime victim’s rights board of the complaint. Their number is 1-608-267-9340.
- To be given protection at any hearing where the victim feels threatened. This shall be provided by a Kenosha County law enforcement person, upon request for such, to the Victim/Witness specialist assigned to the case.
- The right to apply for crime victim compensation. For an application, ask your victim/witness advocate in the DA's Office or call 1-800-446-6564. Crime Victim Compensation does not cover property loss.