In recent years, the Iowa Legislature has established limited rights for crime victims.

1. Registration. Victims of indictable offenses (all but simple misdemeanor offenses) are entitled to register as a victim. Registration must be made in writing and provided to our office. All information provided on the registration form is confidential, including the fact that a victim has registered. Once registered, you are entitled to receive information regarding the following:

a. the status of the investigation;
b. the date set for trial and any subsequent continuances or cancellations of trial;
c. the availability of assistance through the Crime Victim Compensation Program;
d. the details of any plea agreement;
e. the right to restitution for pecuniary loss resulting from the crime;
f. the right to make an impact statement at the time of sentencing; and
g. notice when/if the defendant is released on appeal bond.

Other agencies, such as the Clerk of Court, the Attorney General’s Office, detention facilities, Department of Corrections, Board of Parole and the Governor would be required to give notification of other significant events, such as dispositional orders, appeals, release, transfer or escape from custody, and granting of parole or pardon. Regardless of whether a victim formally registers, I am always happy to visit about any questions a victim has.


2. Victim Restitution. If the defendant is found or pleads guilty, the victim is entitled to victim restitution. Restitution can be ordered to reimburse for damages not paid by insurance or other sources. There is no ability for the criminal court to order punitive damages or damages for pain, suffering, mental anguish and loss of consortium. In order to submit an accurate amount to the Court, a victim must provide loss information to my office as soon as possible. If the defendant contests the amount of restitution, a hearing will be necessary.


3. Crime Victim Assistance. Victims may also qualify for assistance from the Crime Victim Compensation Program. This organization provides aid to eligible victims. There is an application process and eligibility criteria, so not everyone qualifies. Due to recent budget cuts, funding may be limited. CVCP can be reached at (800) 373-5044.


4. Victim Impact Statement. Victims of indictable offenses to which a defendant is found or pleads guilty are entitled to make a victim impact statement. The statement may be made to the Court either orally or in writing. Written statements must be submitted to the Court and defendant at least three days before the sentencing hearing, so they should be submitted to my office at least a week prior. The statement may include a description of economic loss, physical injury, changes in personal welfare or family relationships and/or psychological assistance sought.


5. Assistance of a Victim Advocate. Victims of indictable offenses may request that a “victim counselor” be present at any proceedings related to the offense, such as investigations, pretrial hearings, trial and sentencing. A victim counselor is an advocate from a crime victim center, whose primary purpose is to render advice, counsel and assistance to the victim.

If a No Contact Order was issued for a victim’s case, it is a crime for the defendant to contact the victim. If contact does occur, victims should contact law enforcement immediately to report it.

While preparing for trial, the county attorney may contact victims to advise of hearings or to make arrangements to prepare for a hearing, deposition or trial. If there is preference for mode of contact, the county attorney should be advised of that. Defense attorneys or investigators may also contact victims. Victims andwitnesses are not obligated to talk to anyone without a subpoena, and are entitled to ask for identification and for the county attorney to be present during the conversation. It would be helpful to also notify the county attorney of the conversation. Victims who receive a subpoena should contact the county attorney to schedule a time to prepare for their testimony.

Unfortunately, there are instances when victims are threatened, harassed or approached to change their testimony by the defendant or family members or friends of the defendant. Even if there is not a No Contact Order, this is inappropriate and a crime on its own. If this happens, victims should contact their law enforcement agency immediately and the County Attorney. There are steps we can take to help protect victims.