You can access the Victim Rights information on this page either by scrolling down the page to see each section, or by expanding the purple menu on the right side of the screen, and then clicking on the section you most want to see. You can collapse the menu whenever you want, and open it again to help move back and forth among the sections of the page as much as you like.

Victims of mass violence crimes have many rights under both state and Federal laws.

Depending upon what kind of mass violence crime occurred, and how many people and areas it may have affected, criminal justice processes may occur at the state, local and/or Federal levels. In some cases – for example, mass violence crimes motivated by hatred or bias – there may be both state and Federal charges and trials.

A good place to start learning about victim's rights is VictimLaw, which is an organization sponsored by the U.S. Department of Justice’s Office of Justice Programs. Though it’s not specific to mass violence crimes, VictimLaw offers an excellent overview of victims’ rights.

At the state level, the district attorney (also called the “prosecutor,” “solicitor,” or “state’s attorney”) is in charge of overseeing criminal cases. In some instances of mass violence, the state Attorney General may provide support to the district attorney. Most district attorneys and all Attorneys General have victim assistance units to support and serve you. These units are staffed by VSPs who can provide information, support, and referrals to needed services.

All states have a Victims’ Bill of Rights and, in 32 states (so far), victims’ rights are embedded in the state constitution. While Bills of Rights and constitutional amendments differ from state to state, there are generally eight core victims’ rights relevant to victims and survivors of MVIs that include the rights to:

1. Be treated with fairness, dignity, and respect
2. Notification
3. Be present at/attend proceedings
4. Be heard
5. Reasonable protection from intimidation and harm
6. Information and referral
7. Apply for victim compensation
8. Enforcement of victims’ rights

The internet is full of information, but we recommend two very reliable sources about victims’ rights by state:

• The National Crime Victims Law Institute (NCVLI) Victims’ Rights Laws by State resource, which provides detailed overviews of victims’ rights laws in all 50 states and the District of Columbia.
• The USDOJ Office for Victims of Crime (OVC) VictimLaw searchable database. This powerful search tool can access victims’ rights provisions for Federal, tribal, state and territorial statutes.

When is a mass violence crime a Federal offense?

In addition, some mass violence crimes involving a motivation of hatred or bias by the perpetrator can be Federal offenses (which means there may be both state and Federal charges and trials). At the Federal level, hate crime laws include crimes committed on the basis of the victim’s perceived or actual race, ethnicity, religion, national origin, sexual orientation, gender, gender identity, and/or disability.

There is a specific Federal law about victims’ rights, the Federal Crime Victims’ Rights Act (CVRA), which includes the following rights (many of which are very similar to those that states recognize):

• The right to be reasonably protected from the accused.
• The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.
• The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
• The right to be reasonably heard at any public proceeding in the district court involving the release, plea, sentencing, or any parole hearing.
• The reasonable right to confer with the attorney for the Government in the case.
• The right to full and timely restitution as provided in law.
• The right to proceedings free from unreasonable delay.
• The right to be treated with fairness and with respect for the victim’s dignity and privacy.
• The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
• The right to be informed of the rights and services
• The right to be provided contact information for the Office of the Victims’ Rights Ombudsman of the DOJ

Federal crimes are prosecuted by U.S. Attorneys in 94 Federal districts, each of which has a Victim/Witness Assistance Program to assist you.

In all states and at the Federal level, the right for victims to be treated with fairness, dignity and/or respect is spelled out in law. From the time a MVI occurs and following across the entire spectrum of victim/survivor services, support and criminal justice processes, MVI victims and survivors are entitled to be treated with sensitivity by all helping professionals.

As one example, the Utah Constitution (Title 77, Utah Code of Criminal Procedure; Chapter 38, Rights of Crime Victims Act § 77-38-1) lays this out very nicely:

• "Fairness" means treating the crime victim reasonably, even-handedly, and impartially.
• "Dignity" means treating the crime victim with worthiness, honor, and esteem.
• "Respect" means treating the crime victim with regard and value.

The right to be notified about what is happening in a MVI case is very important to survivors. It’s something of a gateway right, in that without notification, it’s very difficult for victims to exercise their other rights (e.g., you can’t be heard at a trial if you’re not notified about the trial). Notification leads to greater understanding of all victims’ rights and services.

Even in cases in which the perpetrator is deceased, MVI survivors have the rights to be notified about the status of the case and what is happening; to apply for victim compensation; and to receive referrals for victim assistance and legal services.

In cases where the alleged perpetrator is alive, in custody, and to be charged and tried in a criminal court, there is a range of rights to notification, which vary state-to-state and at the Federal level.

Following a trial that finds a mass violence perpetrator guilty, victims have the right to know the perpetrator’s status and location in a state or Federal prison. Every state Department of Corrections (DOC) has a Victim Services Program that provides notification services. You can usually find contact information for the DOC program in your state by searching the internet for “[State name] Department of Corrections Victim Services.” For additional or more complex assistance, you can email the National Association of Victim Advocates in Corrections (link opens your default email program) and ask for help.

For many victims, it is very important to be able to attend all hearings related to their case, to be kept apprised of what is happening and what may happen next.

Generally, in both state and Federal court cases, there are 12 types of proceedings at which victims can be present:

    1. Investigation

    2. Charging

    3. Initial hearing/arraignment

    4. Discovery

    5. Plea bargain/plea agreement

    6. Preliminary hearings

    7. Pre-trial motions

    8. Trial

    9. Post-trial motions

    10. Sentencing

    11. Parole

    12. Appeal

The Offices of the US Attorneys provide brief overviews of what happens at 11 of these proceedings (everything except #11, Parole). A brief description of the last type of proceeding, Parole, is available from the USDOJ National Institute of Corrections.

Victims Service Professionals located in the offices of prosecutors or district attorneys can help facilitate attendance at all proceedings related to a mass violence case. For survivors who do not wish to exercise their right to be present at and attend proceedings, these same professionals can provide timely updates about any decisions or actions related to the case.

Mass violence victims’ right to be heard provides them with an important voice in criminal justice proceedings. It also helps educate justice professionals, community members and others about the devastating immediate-, short- and long-term impact of mass violence on victims, survivors, and their loved ones.

In general, you have the right to be heard in:

• Any pre-trial hearings related to the status of the alleged perpetrator or the status of the case
• Any hearings related to a plea bargain or sentencing
• Any parole proceedings (this is not likely in mass violence cases!)
• Appellate hearings, where the defense appeals one court’s decision to a higher court.

At hearings related to plea bargains, sentencing, and parole, and appeals considerations, the victim impact statement provides you with the opportunity to address the emotional, physical, financial, social and spiritual impact of the mass violence crime on you and your family, and what you want to happen. Victim impact statements often include your description of the crime, and how it affected you and your family emotionally, physically (i.e., health, housing, etc.), socially, spiritually, and financially. You can provide documentation of losses that support any requests you might make for restitution or other financial obligations). You can include information about how the MVI affected your family’s safety and security, and what you want to happen now.

In previous mass violence trials, three different types of victim impact statements have been used at sentencing:

    1. VIS for adult victims

    2. VIS for parents of minor-age victims

    3. VIS for child victims

Becoming a victim of mass violence is a frightening and traumatic experience. Following an MVI, it’s common to have lingering fears (e.g., about your safety or your family’s well-being), and the world may feel like a much scarier place. These “perceptions of fear” are part of your reaction to the trauma of victimization, and it’s helpful to speak with a trusted professional, friend, or faith leader about how you can reduce any ongoing feelings of fear, anxiety, or concerns about your personal safety.

In contrast to a general sense of fear, there is “actual fear,” which is typically based upon real threats or actions that cause you to have significant concerns about your personal safety and security. These types of threats are generally described by law as “intimidation, harassment and/or harm,” and they tend to fall into two categories: unwanted contact from the alleged or convicted perpetrator, and public dissemination of information about the MVI that is false and harmful to your personal safety and security. Some examples of these include:

1. Unwanted contact (including in-person contact, telephone calls, text messages, emails/DMs, or letters) from the alleged or convicted offender, their friends or family, or third parties that:

• Caused you to be fearful
• Threatened you (and/or your loved ones) with personal harm or death
• Personally harassed you.

2. Traditional media interviews, social media postings, and/or other information that:

• Featured a false narrative or conspiracy theory about the MVI that harmed you
• Publicly shared your personal contact information (name, address, email address, telephone number, etc.) that jeopardizes your personal safety.
• Caused you to be fearful
• Threatened you (and/or your loved ones) with personal harm or death.

If either situation happens to you, it is very important to document the type of intimidation or harassment you experience and immediately contact a trusted law enforcement or victim service professional for guidance about how to stop it. They can also help you develop a safety plan (see “Quick Tips for Safety Planning”). For example:

If you receive unwanted contact by:

• Telephone: document the date/time/nature of call and, if possible, audiotape the call.
• Email: print and keep a paper copy of the email
• Mail: keep the original letter and contents.
• Social media or media, Print out the offensive post, or take and save a screen shot of it, with a date/time stamp; and copy and save any links to offensive print or broadcast news media interviews.

For tips about steps you can take to protect yourself and your family, please consult the VRC Safety Planning Guide.

There are over 12,000 Federal, national, state and local programs that assist victims and survivors of crime. These programs provide a wide range of supportive services to victims. (See the Victim/Survivor Services section)

In the aftermath of a mass violence crime, information and referral services are provided to victims by:

• The initial Response Center (immediately to 24-hours)
• Family Assistance Center (24+ hours through the weeks that follow)
• Resiliency Center (longer-term services for impacted survivors and communities)

Expand the section below to find information about 16 different national organizations (including their hours, websites, and, if available, toll-free phone numbers) that are available to assist you.

Crime victim compensation (“CV Comp”) programs reimburse victims – including victims and survivors of mass violence – for crime-related expenses such as medical costs, mental health counseling, funeral and burial costs, and lost wages or support. Victims of mass violence may suffer financial stress as that is every bit as debilitating as their physical injuries and emotional trauma. Recovering from mass violence is difficult enough without having to worry about how to pay for the costs of medical care and counseling, or about how to replace lost income due to disability or death.

Every state, the District of Columbia, U.S. Virgin Islands, Puerto Rico, and Guam has a CV Comp program that can provide substantial financial assistance to crime victims and their families. While no amount of money can erase the trauma and grief that mass violence victims endure, this aid can be crucial in the recovery process. By paying for care that can help restore victims' physical and mental health, and by replacing lost income for victims who cannot work and for families who lose a breadwinner, CV Comp programs can help mass violence victims regain their financial stability.

Eligibility for costs incurred as a result of mass violence varies by state and territory. The Office for Victims of Crime offers Help In Your State that directly links you to the CV Comp program in your state, which can provide information about eligibility and other program requirements.

CV Comp programs can pay for a wide variety of expenses and losses related to criminal injury and homicide, and benefits vary state-to-state.

Beyond medical care, mental health treatment, funerals, and lost wages, a number of programs also cover moving or relocation expenses, transportation to medical providers, crime-scene cleanup, rehabilitation (including physical therapy and occupational therapy), modifications to homes or vehicles for disabled/paralyzed victims, and the cost of housekeeping and child care, among other expenses.

CV Comp is a “payor of last resort,” which means that victim compensation can be provided only after payments such as insurance or victim restitution have paid.

For that reason, when applying for CV Comp, survivors will be asked to document other reimbursements – such as insurance or restitution – that they have received.

Every CV Comp program sponsors websites that provide information about the overall program, application process, and eligibility requirements. In addition, many programs’ websites allow crime victims to:

• Request an application (in English in all states, in Spanish in most states, and in other languages in some states).
• Complete and submit their application online.
• Check the status of their claim.
• Directly link to local, state and national victim/survivor assistance programs.

All CV Comp programs are required to consider for eligibility all U.S. citizens who are victims of crime within their states, even if the victim lives in another state.

Help In Your State directly links you to the CVC program in your state, which can provide information about eligibility and other program requirements.

Once you have been informed as a victim or survivor of mass violence of your right to apply for compensation, it is important to understand eligibility requirements. While these vary by state, you generally must:

• Report the crime to law enforcement (many states have a 72-hour standard, but nearly all states have exceptions that apply to children, incapacitated victims, and other special circumstances). Following a mass violence crime, victim service professionals and law enforcement partners at the initial Response Center or Family Assistance Center can help with this requirement.
• Cooperate with law enforcement in the investigation and prosecution of the case.
• Submit a timely application to the CV Comp program (generally, that means within one year of the crime, although most states can waive these requirements when appropriate), and provide other information as requested by the program (documentation of expenses, for example).
• Have a cost or loss not covered by insurance or some other source. For health or mental health costs, for example, and out-of-pocket or co-pay costs required by an insurance policy can be reimbursed by CV Comp, with adequate documentation.
• Be innocent of criminal activity or significant misconduct that caused or contributed to the victim’s injury or death.

A victim service professional or helper can further explain your role in applying for CV Comp, including the type of documentation that is required for an application, how decisions are made by compensation programs, and the length of time it may take to receive a decision and/or remuneration. The OVC Directory of Crime Victim Services helps users locate victim services in the United States and other countries.

CV Comp is also available to U.S. citizens who have been victimized by mass violence or terrorism that occurred outside the United States. Expand the section below, or click on the link, to learn more about the International Terrorism Victim Expense Reimbursement Program (ITVERP).

ITVERP is a unique federal program that provides financial reimbursement for qualifying expenses to U.S. citizens and U.S. government employees who suffered direct physical or emotional injury from an act of international terrorism while outside the United States. There are three main requirements for this program:

1. Terrorist incident occurred outside the United States
2. U.S. citizenship or employee of U.S. government
3. Expenses directly related to the terrorist incident

Expenses that are eligible for reimbursement from ITVERP include:

Since crime victims have been afforded legal rights in every state, they also need ways to ensure that those rights are enforced. These rights are summarized by the National Victims of Crime Amendment Passage (NCVAP) organization, and you can look up the status of any state using their map – you can either click on your state or your state’s name below the map.

Enforcement of victims’ rights can be promoted through court proceedings. In a few states, victims have “legal standing” to assert their rights. In US law, a crime victim is not a “party” to the case—only the defendant and the prosecuting jurisdiction (such as the state) are “parties” to the case —legal standing for victims is not automatic but must be provided by statute or court ruling. In some areas where a victim does not have standing, the prosecutor or some other official has the authority to seek court enforcement of the victim’s rights.

Some jurisdictions have other limited court options for enforcement. They may permit a victim to seek a writ of mandamus (a order from a court to a government official requiring them to fulfill their duties), a court order directed to an agency to comply with the law, or allow other actions.

Several states have created a designated entity to investigate and attempt to resolve crime victim complaints. In some states, this may be an ombudsman or state victim advocate; in others, it may be a committee or board. Although most complaints from victims are resolved with information or by connecting victims to requested resources, sometimes there are more formal inquiries or investigations. Some states also give the investigatory agency the ability to impose consequences on those who have been found to have violated a victim’s rights.

The U.S. Department of Justice has established the Office of the Crime Victims’ Rights Ombudsman to help any victim of a Federal crime to file a complaint if they feel their rights have been violated.

So far, we’ve been talking about mass violence victims’ rights within the criminal justice system, where alleged perpetrators are charged with crimes, prosecuted by the government, and if guilty, sentenced to prison or other government punishment.

But there is another, separate justice system in the US, where individuals or groups of people can sue other people, organizations, or corporations for wrongdoing, and if the party being sued if found to be liable in some respect, punishments are typically financial penalties. This is the civil justice system.

Historically, mass violence victims have not usually utilized the civil justice system. MVIs are crimes, after all, and criminal punishment seems most appropriate.

However, in recent years there has been an increase in civil justice remedies being sought in some MVIs – notably those involving mass shootings. Families in Newtown, CT, are pursuing civil lawsuits against firearm manufacturers, for example, and several legal scholars have begun to speculate about the future of civil litigation in mass violence events. Most of the writing on this is pretty legalistic (for example, this article from the American Bar Association).

If you’re not a legal professional, you might find these two resources a little more your speed:

First, the August 2022 Mass Violence Podcast from the NMVVRC features Dr. Mario Gaboury, the University of New Haven’s Dean of the Henry C. Lee College of Criminal Justice and Forensic Science. He discusses, the difference between civil and criminal law, and the types of civil remedies that may be brought forth after MVIs. Even though he’s a lawyer and a professor, Dr. Gaboury explains things pretty clearly!

Second, you might find the Civil Justice for Crime Victims brochure from the National Crime Victims Bar Association (NCVBA) helpful. It highlights key element of civil cases and the types of information that civil attorneys need from victims who seek representation. The NCVBA also offers reliable victim/survivor referrals to civil attorneys.