Victim's Rights
Minnesota law provides victims of crime with specific rights as listed in Minnesota State Statute 611A.
Right to be Notified
By law, victims of crime are to be notified of:
- Appeals filed by the defendant, the right to attend the oral argument or hearing, and the right to be notified of the final disposition
- Changes in court proceeding schedule when a victim has been subpoenaed or requested to testify
- Contents of any plea agreement
- Final disposition of the case
- Information on the nearest crime victim assistance program or resource
- Offender's petition for expungement
- Petition to civilly commit an offender, outcome of that petition, and notice of the offender’s possible discharge/release from civil commitment
- Proposed sentence modifications for the offender, including the date, time, and location of the review and the right to provide input
- Prosecution process and the right to participate in it
- Release or escape of the offender from prison or a custodial institution or transfer to a lower security facility
- Right to apply for reparations
- Right to request restitution
- Their rights
Right to Protection from Harm
Victims of crime have the right to:
- A secure waiting area during court proceedings
- Protection against employer retaliation for victims and witnesses called to testify and for victims of violent crimes and their family members who take reasonable time off to attend court proceedings. Tampering with a witness is a crime and should be reported.
- Request that home and employment address, telephone number, and birth date be withheld in open court
- Request that law enforcement agency withhold their identity from the public
Right to Participate in Prosecution
Victims of crime have the right to:
- Be present at the sentencing and plea presentation hearings
- Inform the court at the sentencing hearing of social and economic impact of crime on persons and businesses in the community
- Inform the court of the impact of crime orally or in writing at the sentencing hearing
- Object orally or in writing to a plea agreement at the plea presentation hearing
- Object orally or in writing to a proposed disposition or sentence
- Provide input in a pretrial diversion decision
- Request a speedy trial
- Submit a statement regarding the decision to discharge/release the offender from civil commitment
Right to Apply for Financial Assistance
Victims of violent crime may:
- Apply for financial assistance (reparations) from the state if they have suffered economic loss as a result of the crime
- Request that a probation violation hearing be scheduled 60 days prior to the expiration of probation if restitution has not been paid
- Request the court to order the defendant to pay restitution if the defendant is found guilty or pleads guilty
Domestic Violence, Sexual Assault & Harassment Victims
These victims of crime have a right to:
- Be informed of prosecutor’s decision to decline prosecution or dismiss the case along with information about seeking a protective or harassment order at no fee
- Domestic abuse victims have the ability to terminate a lease without penalty
- Protection against employer retaliation for victims to take reasonable time off to attend order for protection or harassment restraining order proceedings
- Sexual assault victims can make a confidential request for HIV testing of a convicted offender
- Sexual assault victims do not have to pay the cost of a sexual assault examination
- Sexual assault victims may not be required to undergo a polygraph examination in order for an investigation or prosecution to proceed