Crime Victim Rights

What if the offender contacts or harasses the victim?

The victim should immediately contact law enforcement. There are legal protections in place for victims of crime, and a victim should not have to face harassment or retaliation. The victim should keep any text messages, voicemails, call logs, social media posts or messages, or any other evidence proving that the offender contacted the victim. Any witnesses to the contact should also give a statement to law enforcement. IF the offender is on probation or parole, contact the Probation Agent or victim advocate so the violation can be addressed.

Does the Solicitor represent me?

Yes and no. The Circuit Solicitor’s Office represents all citizens, not just crime victims. Their goal is to seek justice and preserve the peace, safety, and dignity of all citizens. Sometimes crime victims’ interests differ from those of the Solicitor, and crime victims have a legal right to seek their own attorney.

I haven’t received notification from the Court about a criminal case. What do I do?

If the case is in a summary court (such as a Municipal or Magistrate Court), reach out to your victim advocate at the law enforcement agency where you reported the crime. If your case is in General Sessions, reach out to your victim advocate at the Solicitor’s Office for clarification and guidance.

Can I be accompanied to court?

Yes, crime victims can be represented by attorneys and accompanied by victim advocates and supportive family and friends.

What are my rights as a crime victim?

In South Carolina, victims have rights during the criminal justice process. It’s important to know that the Solicitor or Prosecutor does not work for the victim—they work for the State of South Carolina. This means that the victim is not in charge of the criminal case. However, a victim has the right to speak with the prosecutor about the criminal case and can choose to give a victim impact statement at many hearings, including bond hearings and guilty pleas. Victims can also choose to have their own lawyer represent their interests and can also take legal action in civil court (SC Code Section 16-3-1535).

By statute, victims have the right to a free copy of their incident report, a written list of their rights, information about victim support services, and details about possible financial help (Section 16-3-1520). Employers cannot punish victims or witnesses for following a legal order to testify in court. Judges must respect and protect victims’ rights just as they do for the defendant (Section 16-3-1550). Additionally, victims have constitutional rights, as described on this page: https://scvanlegal.org/victim-rights/victims-bill-of-rights/

What is a Victim Advocate (VA)?

A Victim Advocate (VA) is a person who advocates for victims of crime inside and outside of the courtroom. They do not legally “represent” victims in the sense that attorneys do but play a very important role in a victim’s journey through the criminal justice system. Victim Advocates can assist victims with completing and submitting paperwork and impact statements for court hearings and can act as a liaison to notify victims of hearing dates and times. There are Victim Advocate positions associated with government organizations or community organizations. South Carolina law requires that police departments have Law Enforcement Victim Advocates (LEVAs) on staff to work with victims after a crime has been reported. The Solicitor’s Office Victim Advocate will advocate for crime victims if and when the case is given to the Solicitor. The Department of Probation, Pardon, and Parole and the Department of Corrections have their own VAs who work with crime victims. In addition to statutorily-mandated VAs, nonprofits may have their own VAs who can guide crime victims through the criminal justice process.

How do I get a copy of the incident report in my case?

A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of their case. To request a free copy of the incident report from your case, contact the law enforcement entity investigating the case.

What is the definition of “victim?”

Under South Carolina law, a victim is a person who is harmed as a result of a crime. When the victim is a minor under the age of 18 or otherwise incapacitated, the parents or legal guardians are also considered victims. When a crime results in death, the direct family members of the person who is killed are also considered victims. See S.C. Constitution Art. I § 24(c)(2).