An official website of the Cuyahoga County government. Here’s how you know
Ohio Crime Victims’ Rights/Marsy’s Law
In 2017, Ohio voters approved the Marsy’s Law constitutional amendment guaranteeing rights to victims of criminal offenses and delinquent acts. Marsy’s Law gives crime victims meaningful and enforceable constitutional rights equal to the rights of the accused.
A victim may elect to exercise some, all, or none of his or her rights. These elections may be changed at any time. The Victims’ Rights Request Form is the primary mechanism for victims to use to elect the rights the victim wishes to exercise.
Automatic Rights Given To The Victim
Victims are automatically entitled to:
- Be Informed of their rights
- Be treated with fairness and respect for their safety, dignity, and privacy
- Reasonable protection from the accused or any person acting on behalf of the accused
- Receive information about the status of the case
- Refuse a defense interview, deposition, or other discovery request unless ordered by the court
- Object to defense requests for access to their confidential information, including medical, counseling, school or employment records, access to their personal devices online accounts, or other personal information
- Be present at all public proceedings, other than grand jury proceedings
- Have a support person with them during proceedings
- Make statements in certain public proceedings involving victims’ rights
- Object to unreasonable delays in the case
- Full and timely restitution from the offender
Rights That Must Be Requested By The Victim
- Receive notice of the arrest, escape, or release of the offender
- Have personal identifying information redacted from case documents before public release
- Reasonable and timely notice of all public court proceedings
- Confer with prosecutor assigned to the case
- Be notified of subpoena’s, motions, or other requests to access any of their personal information
- Appoint a victim’s representatives
Forms
Victims' Rights Request Form
This form provides important information about your rights. This form is NOT a public record. If you are a victim of an offense of violence, sexually oriented offense, or protection order violation, law enforcement will review this form with you and ask you to complete this form so that criminal justice officials know which rights you wish to exercise.
Restitution Form
This form is designed to assist you in gathering information to present at a restitution hearing after the offender has been found guilty
or adjudicated delinquent.
These rights include:
The Right to be Informed
- Victims have the right to be informed of their constitutional rights in writing. They have the right to be informed about court proceedings, procedural developments, and other case-related matters. At various stages of the case, the prosecutor must confer with the victim.
The Right to be Present
- Victims have the right to be present during any public proceedings, other than a grand jury proceeding. The court shall permit the victim to be accompanied by an individual to provide support.
The Right to be Heard
- Marsy’s Law is designed to give victims a voice. The victim, victim’s representative, and victim’s attorney have the right to be heard orally, in writing, or both. The victim does not need to be present in order for the victim’s statements to be read
The Right to a Victim’s Representative
- A victim has the right to designate a victim’s representative to exercise the rights with or for the victim
The Right to an Attorney
- The victim has the right to be represented by an attorney at the victim’s own cost
The Right to Effective Communication
- A victim who is deaf or hard of hearing has the right to a registered or certified American Sign Language interpreter
- A victim who is non-English speaking is entitled to a certified provisional, registered, or language skilled foreign language interpreter
- The right to effective communication applies to all court proceedings, meetings with prosecutor, and investigative contacts with law enforcement, probation, and custodial agencies. Interpretation services are to be provided at no cost to the victim
The Right to Privacy
- Upon request, the right to redact personal identifying information including name, contact information such as address and phone number, and other identifying information
The Right to Court Records
- A victim has the right to receive copies of court records for public access, and certificate of judgment entry related to the restitution order at no cost
The Right to Return of Property
- The victim has the right to prompt return of property taken during the investigation. The victim cannot be compelled to pay any charge as a condition of retrieving their property.
Protections for Victims from the Defendant
- Before, during, and after all court proceedings, the court is to make reasonable efforts to minimize contact between the victim and the victim’s representative and the defendant (separate waiting areas)
- A victim may also be eligible for a protection order
The Right to Speedy Disposition of Case
- The victim has the right to a speedy disposition of the case and proceedings free from unreasonable delay.