Category: Civil Rights Strength: Significant
The World Assembly,
Determined to give crime victims the justice they deserve, along with the respect, civility, and fair treatment that they merit;
Noting that the accused are innocent until proven guilty;
Assured that crime victims can play a vital role in the criminal justice system due to their potential ability as a witness and their ability to provide an understanding of the seriousness of the crime in question;
Acknowledging that a resolution (GA#247) regarding the rights of crime victims was previously passed but is no longer in effect;
Urging that the correct proceedings should be conducted in court to satisfy the rights of the crime victim without infringing the rights of the accused or any other parties;
Defines the following terms necessary for this proposal:A “crime victim” is a person who has been verified by a competent authority as defined in the local jurisdiction to have prima facie evidence of having demonstrably suffered physical, emotional, financial, or sexual harm due to an alleged criminal offense by another individual(s).
“The accused” is a person that has been charged with committing a crime at some point against the victim in the case being prosecuted.
A “court proceeding” is the process in which both parties present evidence in support of their claims, after which a trier of fact determines the factual issues in the trial.
“The age of majority” is the age at which an individual will be legally considered an adult and subject to the full legal rights and responsibilities of an adult, such as attending and testifying in court.
“Incompetent” is a term for a person who cannot testify or stand trial for reasons including but not limited to mental incapacity or physical disability.
Instructs all member nations to provide their crime victims with the following rights:
1. Rights to be protected from the accused, including but not limited to:a. The right to be tested for serious illnesses the crime victim may have been exposed to by the accused during the crime.
b. The accused or any associates may not harass, stalk, harm, or threaten the victim.
c. The accused may not contact the victim in any way without the presence of law enforcement unless the victim consents to the contact.
d. The crime victim may request the court to give protective orders to limit the disclosure of the crime victim's personal information unless some of the victim's information is necessary to determine the outcome of the case, in which case only the necessary information would be revealed.
2. Crime victims have the right to be informed about the following:
a. The victim has the right to be informed of their rights.
b. Crime victims have the right to be notified of any court proceeding involving the crime or any release or escape of the accused.
3. Crime victims can exercise their rights through an attorney or themselves. If the crime victim is under the age of majority, incompetent, incapacitated, or deceased, the legal guardians of the crime victim, family members, or anyone else appointed as suitable by the court may assume the crime victim's rights.
4. If any property or assets have been stolen or destroyed, the crime victim has the right to seek restitution from the accused, if they are found guilty, for a price that doesn't bankrupt or put them into financial peril.
5. Crime victims have the right to be referred to services that support victims and have them tailored to their needs.
Encourages member nations to allow crime victims to exercise the rights stated in the name of civility and justice.
