Victim’s Rights Amendment

In 1992, Colorado voters passed a constitutional amendment that guarantees rights to victims of certain crimes. Victim/survivors of sexual assault, unlawful sexual contact, and stalking have rights. These rights include, but are not limited to:

  • To be treated with fairness, dignity, and respect
  • To be informed about the status of their case
  • To consult with the district attorney
  • To have restitution ordered
  • To be informed of, present, and heard at critical stages of the criminal justice process
  • To have property returned when it’s no longer needed as evidence
  • To be free from harassment, intimidation, or abuse by the attacker or someone acting on the person’s behalf
  • To be informed of the results of any court-ordered HIV testing
  • Receive information about resources in the community
  • If the victim/survivor is a child he/she has the right to have information communicated to him/her in a level of language in which he/she can understand

For more information about the rights of crime victims, click here (http://www.denvergov.org/ColoradoVictimRights/tabid/423633/Default.aspx): or, go to www.colorado.gov and type “victim rights” into the search tool.

The Clery Act

In 1998, the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act was passed (originally known as the Campus Security Act). It was enacted in memory of Jeanne Clery who was raped and murdered in her residence hall room in 1986 and is commonly referred to as the Clery Act. In 1991 the Campus Sexual Assault Victims’ Bill of Rights was incorporated into the Clery Act and in 2000 the Campus Sex Crimes Prevention Act was enacted. All of these laws mandate:

  • the disclosure of sexual assault prevention, education and awareness programs;
  • the development and implementation of policy and procedures to be followed once a sex offense occurs;
  • the provision of timely warnings of potential threats to the campus community, the appropriate collection and disclosure of campus crime statistics;
  • the advisement of where and how to access information on convicted sex offenders required to register by the state, who are enrolled at or employed by colleges and universities, or who reside in the neighborhood;
  • procedures for on campus disciplinary action, regardless of criminal charges, and
  • the notification of specific reporting options, rights and services such as those described below:
    • Reporting options and procedures for campus disciplinary action may be available, regardless of criminal charges;
    • The accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding;
    • Options may exist for changes to a victim’s academic and living situation;
    • On and off campus counseling, mental health and other services may exist.