When an offense is prosecuted in federal court, the Crime Victims' Rights Act gives the victim specific, enforceable rights in the criminal process. Knowing them helps a survivor stay informed and heard while any civil claim is considered separately.
Reviewed by Survivor Justice Alliance · Updated 2026-10-21
The Crime Victims' Rights Act, codified at 18 U.S.C. 3771, applies to a crime victim, defined as a person directly and proximately harmed by the commission of a federal offense or an offense in the District of Columbia. Most sexual abuse cases are prosecuted by states under state law, and state constitutions and statutes have their own victims' rights provisions. The federal Act matters when the case is in federal court.
If the victim is under 18, incompetent, incapacitated or deceased, a legal guardian, a representative of the estate, a family member or another person the court appoints may assume the victim's rights. The statute says the defendant can never be named as that representative.
Section 3771(a) gives a crime victim these rights:
The victim, the victim's lawful representative and the prosecutor can all assert these rights. They are raised in the district court where the defendant is being prosecuted or, if no prosecution is underway, in the district where the crime occurred, and the court must decide the motion forthwith.
If the district court denies relief, the victim may petition the court of appeals for a writ of mandamus. The statute requires the court of appeals to decide within 72 hours after the petition is filed unless the litigants, with the court's approval, agree to a different time. Federal prosecutors must also advise victims that they can seek the advice of an attorney about these rights.
The Act is about participation in the criminal case, not compensation from the government. Section 3771(d)(6) says nothing in the chapter authorizes a cause of action for damages against the United States or its employees, and it does not limit prosecutors' discretion.
A failure to afford a right is not grounds for a new trial. A victim may ask to reopen a plea or sentence only if the victim asserted the right to be heard and was denied, petitioned the court of appeals within 14 days, and, for a plea, the accused did not plead to the highest offense charged.
Taking part in a federal prosecution does not decide whether a survivor can bring a civil claim for damages, and it does not stop one. Restitution ordered in a criminal case and damages in a civil case are different things with different rules. A survivor can use the rights in section 3771 during the criminal case and still have a civil attorney evaluate a separate claim.
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Its rights apply to federal offenses and offenses in the District of Columbia. State cases are governed by state victims' rights laws, which differ from state to state. A separate part of the Act addresses certain rights in federal habeas proceedings arising from state convictions.
The Act gives the victim the right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing or parole.
You or your representative can petition the court of appeals for a writ of mandamus. The statute says the court of appeals must decide within 72 hours of filing unless the parties agree, with court approval, to a different time.
No. The statute states that it does not authorize a cause of action for damages against the United States or its employees.