Final Report of the Subcommittee on Domestic Trafficking

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Department <strong>of</strong> JusticeCivil Rights Division – Criminal SectionVictims Rights and ServicesREPRESENTED BY:T. March Bellby Lorna GrenadierVictim Witness CoordinatorCivil Rights DivisionAVAILABILITY: DOMESTIC INTLUS Citizen LPRAdults X X XMinors X X XThe Department <strong>of</strong> Justice maintains victim-witness programs in <strong>the</strong> various branches <strong>of</strong><strong>the</strong> Department that investigate and prosecute human trafficking crimes and which incarcerate<strong>the</strong> defendants convicted in those crimes.* The Victim Witness (VW) staff ensures that victims<strong>of</strong> Federal crimes, regardless <strong>of</strong> age or citizenship, are afforded rights and services as set forth invarious Federal victims laws incorporated in <strong>the</strong> Attorney General Guidelines for Victim andWitness Assistance (May 2005). Article IX <strong>of</strong> <strong>the</strong> Guidelines provides information specific tovictims <strong>of</strong> human trafficking. While some protections were specifically written to address noncitizenvictims, <strong>the</strong>re are several that pertain to all victims <strong>of</strong> a severe form <strong>of</strong> trafficking. Thelatter includes providing information about:• Pro bono and low-cost legal services.• Federal and State benefits and services (victims who are minors and adult victims whoare certified by HHS are eligible for assistance administered or funded by Federalagencies to <strong>the</strong> same extent as refugees; o<strong>the</strong>rs may be eligible for certain, more limited,benefits).• Victim service organizations, including domestic violence and rape crisis centers.• Protections available, especially against threats and intimidation, and <strong>the</strong> remediesavailable as appropriate for <strong>the</strong> particular individual's circumstances.• Rights <strong>of</strong> individual privacy and confidentiality issues.• Victim compensation and assistance programs.• Right to restitution.• Right to notification <strong>of</strong> case status.• Availability <strong>of</strong> medical services.• Access to translation services and/or oral interpreter services in <strong>the</strong> event <strong>the</strong> victim is notable to communicate in English.46
The recently-enacted Justice for All Act (18 U.S.C. §3771(a) also provides victims <strong>the</strong>following rights:• be reasonably protected from <strong>the</strong> accused;• reasonable, accurate, and timely notice <strong>of</strong> any public court proceeding, or any paroleproceeding, involving <strong>the</strong> crime or <strong>of</strong> any release or escape <strong>of</strong> <strong>the</strong> accused;• not excluded from any such public court proceeding, unless <strong>the</strong> court, after receivingclear and convincing evidence, determines that testimony by <strong>the</strong> victim;• would be materially altered if <strong>the</strong> victim heard o<strong>the</strong>r testimony at that proceeding;• reasonably heard at any public proceeding in <strong>the</strong> district court involving release, plea,[or] sentencing, or any parole proceeding;• reasonable right to confer with <strong>the</strong> attorney for <strong>the</strong> Government in <strong>the</strong> case;• full and timely restitution as provided in law;• proceedings free from unreasonable delay; and• treated with fairness and with respect for <strong>the</strong> victim’s dignity and privacy.In addition, victims are provided information about and/or may receive referrals for:• Available protections from intimidation and harassment, and available remedies;• Emergency medical and social services;• Shelter options;• Public and private programs available to provide counseling, treatment, and o<strong>the</strong>r supportto victims, such as domestic violence and rape crisis centers;• Information about a victim's rights and his or her role in <strong>the</strong> criminal justice process ;• Information about <strong>the</strong> status <strong>of</strong> an investigation and notice <strong>of</strong> important case events;• Information about how to apply for crime victim compensation through Statecompensation programs that reimburse for crime-related expenses such as medical costs,mental health counseling, funeral and burial costs, and lost wages or loss <strong>of</strong> support;• Information about restitution;• Information about <strong>the</strong> right to individual privacy and confidentiality issues; and• Government’s ability to pay for testing and counseling in cases <strong>of</strong> sexual assaults.* DOJ Agencies:Investigation:Prosecution:Corrections:Federal Bureau <strong>of</strong> InvestigationAlcohol, Tobacco, and FirearmsDrug Enforcement AdministrationCivil Rights Division, Criminal SectionCriminal Division, Child and Exploitation SectionU.S. Attorneys (94 districts)Bureau <strong>of</strong> Prisons47
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Final Report of the Subcommittee on Domestic Trafficking

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