Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

ii. Crime Victims’ Rights: Statutory and Constitutional Protections
Who is a “crime victim” under Texas law?
Crime victims’ rights belong to anyone who is injured or killed as a result of a crime, as well as victims of
the following specific crimes: sexual assault, kidnapping, aggravated robbery, human trafficking, injury to
a child, injury to an elderly person, or injury to a person with a disability. (p. 14, Offenses) If the victim is
deceased or incapacitated as a result of the crime, the law gives the same rights to the victim’s surviving
spouse, parent, guardian, adult sibling, or child. (Tex. Code Crim. Proc. Art. 56.01)
Constitutional Rights of Crime Victims
Crime victims in Texas have enforceable rights under Article I, Section 30 of the Texas Constitution.
Some of the constitutional rights overlap with statutory rights, but the constitutional rights are
particularly important because survivors have individual standing to enforce them:
“The state, through its prosecuting attorney, has the right to enforce the rights of crime victims
. . . A victim or guardian or legal representative of a victim has standing to enforce the rights
enumerated in this section [. . .].”
Art. I, Sec. 30(d)-(e), Texas Constitution
That means that even though prosecutors have the power to enforce victims’ rights, survivors do not have
to rely on the prosecutor, judge, or anyone else to oppose a violation. Instead, a survivor can object
to a violation of her or his constitutional rights directly, through a writ or motion filed by her or his
personal attorney. The fact that the survivor is a witness in the case, and not a party, does not matter.
The Texas Constitution guarantees crime victims the following rights:
• The right to be treated with fairness and with respect for the victim’s dignity and privacy
throughout the criminal justice system. Tex. Const. Art I, § 30(a)(1)
• The right to be reasonably protected from the accused throughout the criminal justice process.
Tex. Const. Art. I, § 30(a)(2)
• Upon request, the right to notification of court proceedings. Tex. Const. Art. I, § 30(b)(1)
• Upon request, the right to be present at all public court proceedings related to the offense,
unless the victim is to testify and the court determines that the victim’s testimony would be
materially affected if the victim hears other testimony at trial. Tex. Const. Art. I, § 30(b)(2)
• Upon request, the right to confer with a representative of the prosecutor’s office. Tex. Const.
Art. I, § 30(b)(3)
• Upon request, the right to restitution. Tex. Const. Art. I, § 30(b)(4)
• Upon request, the right to be informed about the conviction, sentence, imprisonment, and
release of the accused. Tex. Const. Art. I, § 30(b)(5)
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