The rights of victims are of the utmost importance; a sentiment shared by billionaire Henry Nicholas. The co-founder of the tech company Broadcom was instrumental in the creation of Marsy’s Law, or California’s Proposition 9: The Victims Bill of Rights; Nicholas advocated for the bill after his sister Marsalee was murdered. Under the law, passed on November 4, 2008, the family members of victims can address the judge and request the judge to deny any further continuances from the defense in a given case. The idea is that drawing out the length of a case adds to the agony victim’s family members must endure.

The State of California Department of Justice points out that Marsy’s Law:

• Protects and expands the legal rights of victims of crime in several areas.
• Gives victims the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution.
• Requires parole boards to notify families of any changes to an offender’s incarceration.
• Grants parole boards more power to deny inmates parole.

Marsy’s Law Nationwide

A team of lobbyists, public relations firms, and high-powered political strategists are working to encourage more states to adopt a victims bill of rights, CBS SF Bay Area reports. Nicholas is using his fortune to make Marsy’s Law a reality, nationwide. While you might think that other states would be excited about protecting the rights of victims, that is not the case.

Some communities are concerned that adopting a victims bill of rights could lead to crippling costs and administrative burdens, the article reports. Opponents argue that victim-notification requirements are costly, and such mandates could be too much for small towns and counties with few resources. Montana passed legislation intended to protect the rights of victims in 2016.

“Our local government does not have enough money to operate and protect victims adequately already. Now we have these unfunded mandates that are coming through Marsy’s Law to local governments without the resources to pay for them,” said Leo Gallagher, county attorney in Lewis and Clark County, Montana.

Montana’s Supreme Court recently struck the bill down in light of problems with the bill’s writing. It’s fair to say that several other states are wrestling with the same issues Montana faced with Marsy’s Law.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in defense of juvenile offenders in California. Additionally, as a victims rights attorney, Katie Walsh helps you pursue justice while acting as a compassionate advocate and trusted confidante. Please contact us today; we can help.

Last week was National Crime Victims’ Rights Week (NCVRW), April 2 through the 8th, with the theme of—Strength. Resilience. Justice. The goal is to inspire communities to raise awareness about victims’ rights and address the unmet needs of such victims.

With that in mind, it is timely given that the California Assembly Public Safety Committee unanimously passed The Sexual Assault Survivors Bill of Rights (Assembly Bill 1312), East County Magazine reports. The legislation, authored and introduced by San Diego Democratic Assemblywoman Lorena Gonzalez Fletcher, would require hospital and law enforcement to inform sexual assault victims about their rights before undergoing medical examination and/or interviews.

Millions of Californians have been sexually assaulted and/or raped, both adults and minors alike. It takes extreme courage to come forward and report such malicious acts. Such people need not only the support of the community, but also that of lawmakers, law enforcement and medical professionals.

“California needs to do a better job of helping sexual assault victims navigate all of the legal, medical and personal issues that survivors have to deal with, and it starts with a Sexual Assault Victims bill of rights that ensures each survivor is informed about their rights and the resources that are available to them before they are examined,” said Assemblywoman Gonzalez-Fletcher. “Victims have rights, and this new law will strengthen those rights to include emergency contraception for women and a ban on police departments prematurely destroying rape test kits.”

On top of being given an outline detailing a victim’s rights, Assembly Bill 1312 would grant survivors:

• The right to request a person of a certain gender be present during interviews.
• The right for a copy (gratis) of law enforcement reports on the case.
• The right to free contraception and a shower (when available) after the medical exam.
• The right to a separate waiting room from the defendant during criminal proceedings and at the district attorney’s office.

“For rape survivors like myself, these civil rights in California mean the difference between justice or lost justice,” stated Amanda Nguyen, California native, founder and president of Rise, a national civil rights nonprofit. “California survivors must have equal rights under the law. With the support from state legislators, we can help pass new laws that will end these injustices and protect the 2 million rape survivors in California.”

The legislation would require law enforcement to keep rape test kits for 20 years.

If you are the victim of any form of sexual assault or rape, please contact the Law Offices of Katie Walsh. We understand how difficult this process can be and we are here for you.