Your Rights as a Victim
The list below provides an overview of the rights of crime victims in Wisconsin. For a full list of your rights, please see Wisconsin Statutes Chapter 950, and Article 1, Section 9m of the Wisconsin Constitution.
The Wisconsin Constitution provides crime victims with the following rights:
- To be treated with dignity, respect, courtesy, sensitivity and fairness.
- To privacy.
- To proceedings free from unreasonable delay.
- To timely disposition of the case, free from unreasonable delay.
- Upon request, to attend all proceedings involving the case.
- To reasonable protection from the accused throughout the criminal and juvenile justice process.
- Upon request, to reasonable and timely notification of proceedings.
- Upon request, to confer with the attorney for the government.
- Upon request, to be heard in any proceeding during which a right of the victim is implicated, including release, plea, sentencing, disposition, parole, revocation, expungement, or pardon.
- To have information pertaining to the economic, physical, and psychological effect upon the victim of the offense submitted to the authority with jurisdiction over the case and to have that information considered by that authority.
- Upon request, to timely notice of any release or escape of the accused or death of the accused if the accused is in custody or on supervision at the time of death.
- To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused. To full restitution from any person who has been ordered to pay restitution to the victim and to be provided with assistance collecting restitution.
- To compensation as provided by law.
- Upon request, to reasonable and timely information about the status of the investigation and the outcome of the case.
- To timely notice about all rights under this section and all other rights, privileges, or protections of the victim provided by law, including how such rights, privileges, or protections are enforced.
- To ask a Circuit Court Judge or Court Commissioner to promptly review your case if you believe your victim rights have been violated. You may also file an appeal with the Court of Appeals and Supreme Court asking for a review of the Circuit Court Judge or Court Commissioner’s decision if you believe the decision does not protect your crime victim rights.
Additionally, the Wisconsin Statutes afford crime victims additional rights including but not limited to:
- To attend court proceedings, subject to any sequestration order. The court may require victims to exercise this right by telephone or other available means, if the victim is incarcerated, under arrest, or committed to a treatment facility, and the victim does not have a representative.
- To be accompanied to court by a service representative, in certain cases.
- To have his/her interests considered when the court is deciding whether to grant a continuance of any hearing in the case.
- To be provided a waiting area in court.
- To be provided with appropriate intercession services to ensure that employers of victims will cooperate with the criminal justice process in order to minimize loss of income or benefits resulting from court appearances.
- To request an order for and to be given the results of testing to determine the presence of sexually transmitted disease or of any strain of human immunodeficiency virus (HIV) in certain cases.
- To have the presentence investigation writer, in cases in which a presentence investigation is ordered, make a reasonable attempt to contact the victim.
- To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.
- To complain to the Department of Justice concerning the treatment of crime victims and to request review by the Crime Victim’s Rights Board of the complaint.