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Rights Granted to Victims of a Crime in the State of Indiana.
- A victim has the right to be treated with fairness, dignity, and respect throughout the criminal justice process.
- A victim has the right to be informed, upon request, when a person who is accused of committing or convicted of
committing a crime perpetrated directly against the victim, is released from custody or has escaped. This includes release or escape from mental health facilities.
- A victim has the right to have the victim's safety considered in determining release from custody of a person
accused of committing a crime against the victim.
- A victim has the right to information, upon request, about the disposition of the criminal case involving the victim or
the conviction, sentence, and release of a person accused of committing a crime against the victim.
- A victim has the right to be heard at any proceeding involving sentence or a post-conviction release decision.
- A victim's right to be heard may be exercised, at the victim's discretion, through an oral or written statement, or
submission of a statement through audiotape or videotape.
- A victim has the right to make a written or oral statement for use in preparation of the pre-sentence report. The
victim also has the right to read pre-sentence reports relating to the crime committed against the victim in order that the victim can respond to the pre-sentence report.
- A victim has the right to confer with a representative of the prosecuting attorney's office after a crime allegedly
committed against the victim has been charged; before the trial of a crime allegedly committed against the victim; and before any disposition of a criminal case involving the victim.
This right applies in the following situations:
- The alleged felony was directly committed against the victim.
- The alleged felony or misdemeanor was an offense against the person, which includes the crimes of:
Battery Domestic Battery Aggravated Battery Battery by Body Waste Criminal Recklessness Intimidation Harassment Invasion of Privacy Pointing a Firearm
- The alleged felony or misdemeanor was committed against the victim by a person who:
Is or was a spouse of the victim; Is or was living as if a spouse of the victim; has a child in common with the victim.
- For other misdemeanors, a victim must file a request for notice, which includes a current telephone number and
address.
- A victim has the right to pursue an order of restitution and other civil remedies against the person convicted of a
crime against the victim.
- A victim has the right to be informed of the victim's constitutional and statutory rights
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