Crime Victims’ Bill of Rights
Ballot Measure 10 - Crime Victims' Bill of Rights
In 1987, Oregon voters passed Ballot Measure 10, the Crime Victims’ Bill of Rights. This Bill provides certain rights for victims.
Among these rights are:
- A victim may keep his or her address and phone number from the defendant.
- It is the victim's decision whether or not to speak with a defense attorney or a defense attorney representative.
- A victim may request notice in advance of the Court hearing, including sentencing.
- A victim has the right to be in the Courtroom during trials and / or hearings. A victim may request to speak at these events.
- A victim has the right to provide a written or oral statement to the Court at the time of sentencing.
- Restitution and/or compensatory fines may be ordered by the adult Court.
- Victims may obtain copies of Court transcripts. A fee may be required.
- Under certain circumstances, the victim may participate in mediation or a restorative conference. All parties must be willing to participate.
For more information, refer to Oregon Department of Justice's Victims' Rights Guides.
Crime Victims have a right to file a Complaint with the Beaverton Municipal Court if they feel a right has been violated. [Reference Article I, Section 42(1)(a) to (g) OR 43, of the Oregon Constitution.]
The Complaint informs the court that the victim was not afforded their right, and therefore, the victim seeks a remedy to that violation through the criminal process. An example remedy would be to re-sentence a defendant if the victim wanted to be at sentencing and was not notified of the hearing.
A violation may occur by a judge, prosecutor, defense attorney, or investigator. Once a violation has been determined, options are available to a victim to remedy the violation:
- Victim can create and submit her/his own Claim of Violation of Crime Victim’s Right, and file it with the court within 30 days of reasonably knowing the violation; or
- Victim may resolve the issue outside of court via a discussion with the City Prosecutor/Victim Assistant Director; or
- Victim may retain a private attorney and have that attorney file a Claim with the court. Note: the OCVLC is a free resource to crime victims. (www.OCVLC.org); or
- Victim may file an informal complaint with the Oregon Department of Justice, Crime Victim and Survivor Services; or
- Victim may contact the Oregon State Bar and learn about options to file a bar complaint about a specific defense attorney. This can be done with or without an attorney.
- Victim may contact the Oregon Judicial Fitness Committee and learn about options to file a Complaint about a specific judge. This can be done with or without an attorney.
The above information is a general explanation of the process regarding a violation of victim rights. If you feel, as a victim in a case prosecuted by the Beaverton City Attorney’s Office that your rights have been violated, please contact our office at 503-526-2215. This notice of violation is time sensitive.