Victims' Rights Handbook - Alaska Department of Law - State of Alaska

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Alaska Victims’ Rights HandbookVictims’ Rights After a Crimehas been CommittedAfter a crime is initially committed, the law providesfor a number of rights related to basic safety and healthneeds for victims. These rights include the right to:• Receive immediate medical assistance [AS12.61.010(a)(7); AS 18.65.515(a)(3)];• Transportation to a safe house orshelter [AS 18.65.515(a)(1)];• Apply for a 72-hour domestic violenceprotective order [AS 18.66.110; AS18.66.100(c)(1) – (5), (8) – (12), (16)];• Be notified and appear at the defendant’sarraignment or initial appearance before amagistrate or judge when bail conditionsare set [AS 12.30.010; AS 12.61.010(a)].Crimes of Sexual Assaultand Domestic ViolenceWithin the Department of Public Safety there hasbeen established a Council of Domestic Violenceand Sexual Assault. The council provides planningand coordination of services, crisis intervention andprevention programs to victims of domestic violenceor sexual assault and their families [AS 18.66.010].The confidential communications between thevictim of domestic violence or sexual assaultand the counselor are privileged, with a fewexceptions [AS 18.66.200 - .250; AS 12.45.049].Crimes of Sexual AssaultVictims of sexual assaults should obtain sexualassault examinations as soon as possible after thecrime has occurred. These exams are providedat no cost to victims [AS 18.68.040].Upon request, in sexual assault cases wherepenetration was part of the criminal act, victimsmay ask the court to order the defendant to submitto a blood test to determine if the accused testspositive for HIV or the existence of other sexuallytransmitted diseases (STDs). This right exists sevendays after an individual is arrested and charged withthis crime by complaint, indictment, presentmentor information filed with a magistrate or with thecourt [AS 18.15.300(f)(1); AS 18.15.300 - .310].If the defendant’s blood test indicates exposureor infection by HIV or other STD, the victim isentitled to free counseling, testing and referralto appropriate health care facilities and supportservices at his or her request [AS 18.15.310(h)].Crimes of Domestic ViolenceIn cases of crimes involving domestic violence,a peace officer must protect the victim andthe victim’s family. Upon request, to preventfurther violence, the peace officer shouldtransport adult victims and family members toa shelter or safe house [AS 18.65.515(a)(1)].Peace officers can remove essential items suchas clothing, medication and legal documentsthat belong to the victim. Peace officers canassist the victim and any of the victim’s familymembers in obtaining medical treatment, eitherby contacting emergency medical services orby transporting the victim to a local medicalfacility. Peace officers should also notify victims ofdomestic violence of services available to them.About Protective OrdersVictims of domestic violence have the rightto petition the court for a protective order.Protective orders can include provisions that:• Prohibit your abuser from threatening to commitor committing further acts of domestic violence;• Prohibit your abuser from stalking,harassing, or contacting you;• Remove your abuser from your residence;• Order your abuser to stay away from yourresidence, school, place of employment;• Prohibit your abuser from entering yourvehicle or a vehicle you occupy;• Direct your abuser to surrender anyfirearm owned or possessed;• Request a peace officer to accompany you toyour residence to ensure your safe possession3
Alaska Victims’ Rights Handbookof the residence, vehicle or to removepersonal items from your residence;• Award temporary custody of aminor child to the petitioner;• Grant you possession and use of a vehicleand other essential personal effects;• Prohibit your abuser from consumingcontrolled substances;• Require your abuser to pay support foryou or a minor child in your care if thereis an independent legal obligation of yourabuser to support you or the child;• Require your abuser to reimburse youfor your expenses caused by domesticviolence, including medical bills, and;• Order your abuser to participate in anintervention program for batterers [AS18.65.515(a)(1); AS 18.65.520].A victim of domestic violence may seek a protectiveorder against a household member. A parent,guardian or other representative may seek aprotective order on behalf of a minor. A certifiedcopy of an unexpired protective order issued inanother jurisdiction and filed with the clerk ofcourt in any judicial district in this state, has thesame effect and must be enforced in the samemanner as a protective order issued by a courtof this state [AS 18.66.100; AS 18.66.140].Privacy Rights of Crime VictimsVictims of crime, like all Alaska citizens, are legallyentitled to have their privacy protected under theAlaska Constitution [Art. I, sec. 22]. If a defendantis charged with kidnapping or a sex crime (whichincludes: sexual assault, sexual assault of a minor,indecent exposure or kidnapping), the victim’sname is not a public record and may not be usedin court documents. Instead, the victim will beidentified by his or her initials. The residenceand business addresses and telephone numbersof a victim is confidential [AS 12.61.140; AS12.61.110; AS 12.61.120(a); AS 12.61.130(a)].Defense attorneys must identify themselves andtheir association with the defendant when speakingwith a victim or witness [AS 12.61.120(c)(1).In domestic violence and sexual assault cases victimshave the right to decide whether or not to speakto the defense attorney. If the victim permits thedefense attorney an interview, the victim may havethe prosecuting attorney or another person present.Victims of sexual offenses also have the right to filewritten notice that they do not want to be contactedby the defense attorney or other person acting onbehalf of the defendant [AS 12.61.125(a)(1)].If the victim permits the defense attorney aninterview, it may be electronically recorded withouttheir knowledge or consent. Victims may askwhether they are recording the conversation andmake their own decision about proceeding.If a victim submits an application to theViolent Crimes Compensation Board, theapplication is confidential [AS 18.67.030(c)].Crime Victims and Bail ReviewAfter being arrested and charged with a crime, upto and through trial, the defendant can ask thecourt to be released on bail. The victim may appearat these bail hearings. The victim is not requiredto attend unless the victim’s testimony is needed.The victim may wish to participate by telephonedue to distance, disability or for safety reasons. Ifthe victim would like to attend by telephone, thevictim should contact the District Attorney’s Officein advance of the hearing to make the request.At the bail hearing, based on the circumstances ofthe case, a judge has broad discretion to accept orreject a bail release request. If the victim has specificconcerns or requests for bail conditions, the victimshould contact the District Attorneys’ Office in advanceof the bail hearing. For matters involving domesticviolence and sexual assault, the court must considerthe victim’s safety in deciding whether or not to releasethe defendant. A victim’s safety should be consideredbefore a defendant is released in stalking and sexualassault cases. If a domestic violence defendant isreleased from custody, victims are entitled to receive acopy of the conditions of the accused’s release [AlaskaConstitution, Article 1, section 24; AS 12.61.010(a)(2); AS 12.30.027; AS 12.30.027(a); AS 12.30.025;AS 12.30.029(a); AS 12.30.027(d) (1) and (2)].Victims should receive notice of any cancellation of ahearing or court proceeding in which the victim has4
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Victims' Rights Handbook - Alaska Department of Law - State of Alaska

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