Crime Victims' Rights

A victim of a crime is to be treated with sensitivity, dignity, and respect, throughout the processes by all parties involved.

If the case is filed by a third party, the victim has the right to be notified, to be heard in a court proceeding, and to be informed of their rights. 

This does not pertain or permit any cause or action for civil proceedings nor does it authorize a victim to take civil actions to stay criminal proceedings.

In this subtitle the following words have the meanings indicated.

1.  “Abuse” means any of the following acts:

    a)  serious bodily harm;

    b)  an act that places a person eligible in fear of imminent serious bodily harm;

    c)  assault in any degree;

    d)  rape or sexual offense or attempted rape or sexual offense in any degree;

    e)  false imprisonment;

    f)  stalking, or

    g)  revenge porn.

2)  If the victim is a child, “abuse” may also include abuse of a child.

    a)  Nothing in this subtitle shall prohibit reasonable punishment, by a parent or stepparent.

3)  If the victim is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult.

4)  “Child care provider” means a person that provides supervision and care for a minor child.

5)  “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for at least 90 days within 1 year before filing the petition.

6)  “Commissioner” means a District Court Commissioner.

7)  “Court” means the District Court or a circuit court in this State.

8)  “Emergency family maintenance” means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support based on:

9)  the financial needs of the eligible person; and

10)  the resources available to the eligible person and the respondent.

11)  “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

12)  “Home” means the property in this State that:

     a)  is the principal residence of a person eligible for relief; and

    b)  is owned, rented, or leased by the eligible person or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, by an adult living in the home at the time of the court proceeding.

13)  “Person eligible for relief” includes:

    a)  the current or former spouse of the respondent;

    b)  a cohabitant of the respondent;

    c)  a person related to the respondent by blood, marriage, or adoption;

    d)  a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or eligible person for at least 90 days within 1 year before the filing of the petition;

    e)  a vulnerable adult;

    f)  an individual who has a child in common with the respondent;

    g)  an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and

    h)  an individual who alleges that the respondent committed, within 6 months before the filing of the petition, 

        i)  rape or a sexual offense; or

        ii)  attempted rape or sexual offense in any degree.

14)  “Pet” means a domesticated animal., not livestock.

15)  “Petitioner” means an individual who files a petition, including

    a)  a person eligible for relief; or

    b)  those persons who may seek relief on behalf of a minor or vulnerable adult:

16)  “Residence” includes the yard, grounds, outbuildings, and common areas.

17)  “Respondent” means the person alleged in the petition to have committed the abuse.

18)   “Victim” includes a person eligible for relief.

1)  Any person who alleges to have been a victim of abuse and who believes there is a danger of serious and immediate personal harm may request the help of a local law enforcement unit

2)   A local law enforcement officer who responds to the request for help shall:

     i)  protect the person from harm when responding to the request; and

     ii)  accompany the person to the family home so that the person may remove the following items, regardless of who paid for the items:

 1)  the personal clothing of the person and of any child in the care of the person; and

2)  the personal effects, including medicine or medical devices, of the person and of any child in the care of the person that the person or child needs immediately.

    b)  A law enforcement officer who responds to a request described above has immunity from liability.

1)  A law enforcement officer who responds to a request for help under this subtitle shall give the victim a written notice that:

    a)  includes the telephone number of a local, state-funded, domestic violence program and states that:

2)  the victim may request that a District Court commissioner file criminal charges against the alleged abuser.

3)  if the commissioner declines to charge the alleged abuser, the victim may request that the State’s Attorney file charges against the alleged abuser.

4)  The victim may file in the District Court or a circuit court or, when neither the office of the clerk of the circuit court nor the Office of the District Court Clerk is open, with a commissioner, a petition under this subtitle; and

    a)  the victim may obtain a copy of the incident report.

5)  A law enforcement officer may not be held liable in a civil action that arises from the officer’s failure to provide the notice.

1)  If an incident report is filed when a law enforcement officer responds to a request for help, the law enforcement unit shall provide a copy of the report to the victim on request.

    a)  The victim need not obtain a subpoena to receive a copy of the incident report.

If the suspect is arrested, they will be taken to the commissioner and information will be provided to the state's attorney. If there is probable cause to charge the suspect they will make that determination. Since stalking is a misdemeanor, it goes to district court, but there may be additional charges. They will either be held, remanded, or bonded.  

Approximately 80-97% of cases are settled without a trial. Once the defendant is charged, if there is a trial, the defense attorney may attempt to contact the victim (they are not required to respond). If there are concerns regarding violations of PPOs, contact the SA or police. Victims have the right to attend preliminary hearings regarding the case.

The victim has the right to request that their contact information be sealed from court records. The SA can help prepare the victim/witness regarding questions that may be asked by the defense.  

If the defendant is found guilty, the judge will hold a sentencing hearing at a later date. This may include probation, fines, restrictions, confinement (jail or prison), or a combination. It is important to note, that not all defendants are found guilty, victims should be prepared for this outcome.

If the defendant is found guilty, the victim(s) and their loved ones may read victim impact statements before sentencing. This can be provided to the court in writing or orally, describing the physical, psychological, financial, and other traumas they have experienced as a result of their victimization.

After the trial is over, a victim may have the right to have their stolen or other property returned. The SA can help the victim retrieve their property. Finally, the victim has the right to be notified by the Division of Corrections or the Maryland Parole Commission of any further hearings regarding their release. It is the responsibility of the SA to ensure that the victim's request is processed and forwarded to the correct place. 

MPC: (410) 585-3200.