Victim Rights

Victims have the right to a meaningful role in the criminal justice process. Victim Assistance helps individuals understand and exercise their rights under Oregon law and the Oregon Constitution. 

Core rights include: 

• The right to have a meaningful role in the criminal or juvenile justice process
• The right to be treated with dignity and respect
• The right to fair and impartial treatment
• The right to reasonable protection from the offender 

Some rights are automatic, while others must be requested. Advocates inform victims of their rights as early as possible. Rights apply during an investigation, after arrest, throughout court proceedings, and after conviction. 

For questions or help exercising your rights, contact Victim Assistance at 503-655-8616 or victimsassistance@clackamas.us. 

Victim Rights in Oregon

Below is an overview of your rights as a victim under Oregon law. It is your responsibility to exercise your rights at each step of the process.

When criminal charges are filed

Protection and Participation

• You have the right to be reasonably protected from the defendant throughout the criminal justice process. 
  Or. Const. art. I, § 43(1)
• You have the right to be present at any critical stage of the proceedings in open court when the defendant is present. 
  If you request it, you have the right to be informed in advance of these hearings and to be heard at pretrial release hearings and sentencing hearings. 
  Or. Const. art. I, § 42(1)(a); ORS 419C.273(1)(a) 

When the defendant appears in court

Your Privacy 

• If you request , your current address and phone number the court must bkeep that information confidential from the defendant. 
  ORS 135.970(1); ORS 135.815 

Your Choice to Participate 

• You have the right to refuse interviews, depositions, or other requests from the defendant or anyone acting on their behalf. 
  Or. Const. art. I, § 42(1)(c); ORS 135.970(3)
• You have the right to know the identity of anyone working for the defendant who contacts you. 
  You can speak with the defense, but you have the right to refuse to speak with them or request that a deputy district attorney be present when you speak with them. 
  ORS 135.970(2) 

In Violent Felony Cases 

• If you request it, you have the right to be consulted about plea negotiations. 
  Or. Const. art. I, § 42(1)(f) 

Court Scheduling 

• If you request it, you have the right for your schedule to be taken into consideration when there are changes to court dates where your presence is required (including pretrial and trial). 
  ORS 136.145 

Access to Records 

• You have the right to request and purchase a transcript of any opencourt proceeding (if one exists). 
  Or. Const. art. I, § 42(1)(e); ORS 147.419
• If you request it, you have the right to receive information about the offenders:
  • conviction
  • sentence
  • imprisonment
  • criminal history
  • future release from custody 
     
    • Or. Const. art. I, § 42(1)(b) 

At sentencing

• If you request, you have the right to give a Victim Impact Statement to the court at the time of sentencing. 
  You may speak yourself, have a guardian or next of kin speak, ask the deputy district attorney to speak for you, or have your own attorney make the statement. 
  Or. Const. art. I, § 42(1)(a)
• You have the right to ask the judge to consider ordering a compensatory fine to be paid to you. 
  ORS 137.101
• You have the right to receive restitution from the offender for your losses. 
  Article 1. Section 42(1)(d) and ORS 137.106(1) 

After sentencing

Parole Hearings 

• If you request it and provide your address to the Board of Post-Prison Supervision, you have the right to be notified of and appear at parole hearings. 
  ORS 144.750(2)(a) 

Notice of Release 

• If you request it, you have the right to be notified 30 days before the offender is released from prison. 
  ORS 144.260(2)-(3)