National Crime Victim Law Institute
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School of Law
National Crime Victim Law Institute
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On Thursday, January 21st, the United States Senate passed Senate Resolution 391, recognizing the 25th Anniversary of VOCA. The resolution was introduced by Senators Mike Crapo (R-IN), Amy Klobuchar (D-MN), and David Vitter (R-LA) and passed with unanimous consent. To read the full text of Senate Resolution 391, click here.
The Oregon Secretary of State's Audits Division published its report, "Ordering Restitution for Crime Victims," in January. An excerpt from the audit states, "The right to receive prompt restitution is one of several victims’ rights in the Oregon Constitution. In addition, the 2003 Oregon Legislative Assembly passed legislation that requires county district attorneys to investigate and present to the court evidence of victims’ economic losses, and circuit court judges to order restitution when losses are substantiated. The objectives of this audit were to determine whether restitution was consistently ordered and, if it was not, the factors that impeded the restitution ordering process."
To read the full text of the audit, click here.
NCVLI's National Bar Association NAVRA, in partnership with Catholic Charities, will be hosting a Continuing Legal Education Class in Portland, Oregon on Friday, March 12, 2010 on "Securing Access to Justice for Victims of Human Trafficking: A Training on Victims' Rights and Immigration Protections." Registration will be opening soon. Click here for more information.
January is National Stalking Awareness Month, a time to focus on a crime that affects 3.4 million victims each year. Stalking can happen to anyone, and is a crime in all 50 states. The more you know about stalking, the more you can do to stop it. For more information, visit the Stalking Resource Center.
The Office for Victims of Crime has published its 2009 OVC Report to the Nation: Putting Victims First. The Report outlines OVC's activities and accomplishments during fiscal years 2007 and 2008. It highlights NCVLI's work under OVC funding, including the work of NCVLI's legal clinic network, NCVLI's education, training, and technical assistance work, and more. Click here to view the report.
In Stene v. Chambers, NCVLI and nearly a dozen co-amici filed a petition requesting that the Colorado Supreme Court grant certiorari in a case involving the rape of a high school student. At the time of the assault, the victim was unable to pursue charges due to emotional trauma stemming from the assault, and her father's terminal illness. Several years later, the victim learned from the media that one of her assailants had raped another woman. Upon learning this, she gathered the strength to pursue prosecution. Despite DNA evidence and other overwhelming evidence of the assailants' guilt, the prosecutor refused to proceed. The victim sought to compel prosecution under Colorado statute. The trial court permitted the compelling of prosecution but the appellate court reversed. NCVLI and its co-amici filed a brief setting forth the strong policy reasons for permitting victims of sexual assault to go forward with prosecution even if they were not able to proceed with the prosecution at an earlier date. NCVLI thanks its co-amici as well as Jennifer Eyl, a Colorado Attorney, who served as pro bono local counsel for the effort! Co-amici included the Harvard Law School Gender Violence Clinic; Joanne Belknap, Professor of Sociology, University of Colorado at Boulder; the Colorado Coalition Against Domestic Violence; the Colorado Coalition Against Sexual Assault; Equal Rights Advocates; Wendy J. Murphy, Adjunct Professor of Law, New England Law - Boston; the National Coalition Against Violent Athletes; the National Women's Law Center; Rape Assistance and Awareness Program; and Sexual Assault Services Organization.
