Notifying the Victim

Notification to victims of requests for DNA testing should be made by the prosecutor, preferably through a victim assistance specialist or advocate. When possible, notification should be made by someone who worked with the victim in the past. One person should be designated as the primary contact person for the victim. If the prosecutor's office does not have a victim assistance program, support and other assistance for the victim should be sought from a local victim assistance program, such as a rape crisis center or a homicide survivors' support program.

When to notify a victim is ultimately a judgment call on the part of the prosecutor and victims' advocate and should be based on the status of the request and the emotional and mental health status of the victim. Initial discussions regarding testing of DNA evidence should be informal and low profile. If DNA testing is not possible or turns out to incriminate the applicant, there may not be any reason to disturb the victim or his or her family. The timing and manner of notification is extremely important when the victim has a history of severe depression or suicidal ideation. While care should be taken to avoid upsetting victims or survivors unnecessarily, it is better to provide information to victims as early in the process as possible. Initial notification should be made before a motion to release the evidence is made to the court or before there is a chance the victim or surviving family members will hear or read it in the media or from other sources.

Victims and survivors need to be provided with a simple but thorough explanation of how DNA testing may be used in their case, the process and procedures used, and the potential outcomes of testing. It will help to provide written information about DNA testing so victims and survivors will have a chance to absorb complex information at their own convenience. (Sample brochure content is included in the appendixes.)

Victims and survivors should be provided with information about the status of the DNA testing request, how they will be notified about future events, and what types of victim assistance are available.

Go to the Next Section: Requesting Samples from the Victims and Third Parties

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