VICTIMS’ RIGHTS

You have rights.

If you have experienced sexual violence, Florida law provides rights and protections throughout the criminal justice process.

You do not have to understand every law before asking for help. A SAAP advocate can help explain your rights and options.

Talk to an Advocate Explore Your Rights

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Have questions about your rights?

You do not have to figure them out alone.

Confidential support is available 24/7. 1-866-828-7273

WHAT ARE VICTIMS’ RIGHTS?

Rights are protections built into the criminal justice process.

Florida law and the Florida Constitution provide crime victims with specific rights to information, participation, protection, privacy, and fair treatment.

Some rights apply automatically. Others may need to be requested.

IMPORTANT

You can ask questions at any point.

If you do not understand something happening in your case, you can ask law enforcement, the State Attorney’s Office, or your advocate for clarification.

WHO IS CONSIDERED A VICTIM?

A victim is generally someone directly harmed by a crime.

Survivors of sexual violence may choose to report what happened to law enforcement, but SAAP support is available whether or not you choose to involve law enforcement.

SAAP SUPPORT

Your decision about reporting does not determine whether you deserve support.

You may contact SAAP for confidential advocacy, information, referrals, emotional support, and assistance navigating available resources.

FLORIDA CONSTITUTION

Marsy’s Law expanded constitutional rights for crime victims in Florida.

In 2018, Florida voters amended Article I, Section 16 of the Florida Constitution to expand and strengthen rights for crime victims.

These rights begin at the time of victimization and continue throughout the criminal and juvenile justice process.

Some rights must be requested. You can ask: “What rights do I need to request in my case?”

YOUR RIGHTS IN FLORIDA

Key protections to know.

These are some of the rights crime victims may have throughout the criminal justice process.

Fairness + Dignity

You have the right to due process and to be treated with fairness and respect for your dignity.

Protection

You have rights related to protection from intimidation, harassment, abuse, and certain safety concerns.

Privacy

You may have rights that protect certain identifying, confidential, or privileged information.

Information

You may request information about important stages, proceedings, case developments, and available services.

Be Present

Upon request, you may have the right to attend certain public court proceedings related to the case.

Be Heard

You may have the right to be heard at certain stages, including plea, sentencing, or other proceedings.

Prompt Proceedings

Victims have rights related to timely resolution of criminal proceedings.

Restitution

You may have the right to seek restitution for certain losses caused by the crime.

SEXUAL BATTERY SPECIFIC RIGHTS

Florida law includes additional protections for survivors of sexual battery.

When law enforcement investigates an alleged sexual battery, the investigating officer must assist the survivor in obtaining appropriate medical treatment, a forensic examination, and advocacy and crisis intervention services from a certified rape crisis center.

The officer must also advise the survivor that certified rape crisis services are available.

FLORIDA STATUTE

§ 794.052

Sexual battery: notification of victim’s rights and services.

Read Statute ↗

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ADVOCATE SUPPORT

You have the right to ask for support.

At the request of the survivor or the survivor’s parent, guardian, or lawful representative, an advocate from a certified rape crisis center must be permitted to attend a forensic medical examination.

SAAP advocates can also help explain options, prepare questions, provide emotional support, connect you with resources, and provide accompaniment when available.

Request a SAAP Advocate →

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REVIEWING THE LAW ENFORCEMENT REPORT

You may review the final report before it is submitted.

In a sexual battery investigation, Florida law requires the investigating law enforcement officer to permit the survivor to review the final report before it is submitted.

You may also provide a statement regarding the accuracy of the final report.

Florida Statute § 794.052

IMPORTANT RIGHT

You cannot be required to take a polygraph for a sexual offense investigation to continue.

Florida law prohibits law enforcement, prosecutors, or another government official from asking or requiring an adult, youth, or child victim of sexual battery or another sexual offense to take a polygraph or other truth telling device as a condition of continuing the investigation.

Refusing a polygraph does not prevent investigation, charging, or prosecution.

Florida Statute § 960.001

DURING THE COURT PROCESS

You may have rights at multiple stages of the case.

Notice of Proceedings

Upon request, you may receive reasonable, accurate, and timely notice of certain proceedings and scheduling changes.

Right to Be Present

Upon request, you may have the right to attend certain public proceedings involving the criminal conduct.

Right to Be Heard

You may have the right to be heard during certain stages of the case.

Victim Impact Statement

You may provide an oral or written statement regarding the impact of the crime during appropriate stages of the case.

PRIVACY + SAFETY

Your safety and personal information matter.

Florida’s Constitution provides crime victims with rights related to freedom from intimidation, harassment, and abuse.

Victims also have rights related to preventing disclosure of certain information that could be used to locate or harass them or their families.

Additional confidentiality protections may apply in sexual offense cases.

ASK ABOUT

What information in your case may be public
Address confidentiality or safety concerns
Protective orders when applicable
What information is protected by law
Who can access records related to your case

RESTITUTION

You may have the right to seek restitution.

Restitution may be ordered through the criminal court for certain financial losses caused by the crime.

You may be asked to provide documentation showing the amount of your losses.

KEEP DOCUMENTATION OF

Medical expenses
Counseling expenses
Lost wages
Property loss or damage
Other documented crime related expenses

CRIME VICTIM COMPENSATION

Financial assistance may also be available.

Florida’s Crime Victim Compensation Program may help eligible victims with certain expenses related to crime.

Learn About Compensation →

RESTITUTION VS. COMPENSATION

They are two different forms of financial assistance.

Restitution is generally ordered through the criminal court and paid by the offender.

Crime Victim Compensation is a separate state program with its own eligibility requirements and deadlines.

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WORK + FINANCIAL IMPACT

Help may be available when participation in the case affects work or finances.

At your request, law enforcement or the State Attorney’s Office may assist in notifying your employer that cooperation with the investigation or prosecution may require time away from work.

Assistance may also be available in explaining serious financial strain related to the crime or your participation in the criminal justice process.

PROPERTY HELD AS EVIDENCE

You can ask about the return of your property.

Property may sometimes be held while it is needed as evidence.

When there is no longer a compelling law enforcement reason to keep it, you may ask about when the property can be returned.

HAVE PROPERTY BEING HELD?

Ask about its status.

Contact the investigating agency or State Attorney’s Office to ask whether the property is still needed as evidence.

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IF THE SURVIVOR IS A MINOR

Additional protections and procedures may apply.

Cases involving minors may include coordination among law enforcement, child protection professionals, prosecutors, and a Children’s Advocacy Center.

Florida law also provides certain protections designed to reduce repeated interviews of child sexual abuse victims.

Parents, guardians, or lawful representatives may also have rights related to information and participation depending on the circumstances.

SAAP can help explain the local process and connect families with support.

FLORIDA LAWS RELATED TO SEXUAL VIOLENCE

Explore Florida law.

These are some of the Florida chapters referenced on SAAP’s existing Victims’ Rights page.

CHAPTER 794

HOW SAAP CAN HELP

You do not need to become a legal expert.

If something does not make sense, you are unsure what your rights are, or you need help figuring out who to contact, start with us.

✓ Explain available options

✓ Help prepare questions

✓ Provide emotional support

✓ Provide accompaniment when available

✓ Connect you with additional resources

EXPLORE YOUR OPTIONS

HAVE QUESTIONS ABOUT YOUR RIGHTS?

Start with us.

A SAAP advocate can help explain your options and support you throughout the process.

24/7 HELPLINE 1-866-828-7273

FOR ALL OTHER SITUATIONS, PLEASE FILL OUT THE FORM BELOW AND YOU WILL BE CONTACTED BY THE NEXT BUSINESS DAY.

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