Victim Witness Assistance
Victim/Witness
Every U.S. Attorney's Office has a Victim/Witness Assistance Program to assist victims of federal crimes. The Victim/Witness Assistance Programs are a part of federal efforts to provide information on rights and services to victims and witnesses of federal crimes, as well as to encourage the participation of victims in the criminal justice system to the extent that they wish, in accordance with federal law. Victim/Witness Assistance Programs within the U.S. Attorney's Offices primarily work with victims involved in indicted cases, however, program staff works closely with Victim/Witness Assistance Program staff from various other federal agencies such as the Federal Bureau of Investigation, U.S. Postal Inspection Service, or U.S. Immigration Service who provide services to federal victims for cases under investigation.
While each District may differ in how each program is run, the Central District's Federal Victim/Witness Assistance Program within the U.S. Attorney's Office offers a variety of services to eligible victims, which may include:
Crisis intervention and support services
Referral to community resources
Information about the status of a victim's case in the criminal justice process. Registry with the Bureau of Prisons to obtain information about an inmate's release date. Accompanying victims to court for trials and sentencings, upon request, when staff is available. Referrals to appropriate community agencies and programs, including information on how to apply for victim compensation for victims of violent crimes
Information about a victim's rights and role in the federal criminal justice process, victim impact, restitution and the right to allocution at sentencing where permitted
Act as a victims' liaison with investigative agencies, U.S. Probation Department, the Bureau of Prisons and the assigned prosecutor.
Assist victims in obtaining release of their property after a case has been completed
Explaining court and/or case related information to employers of victims or witnesses
Crime prevention tips, especially for victims of financial crimes such as telemarketing, mail theft and identity theft crimes
The Victim/Witness Assistance Program at the U.S. Attorney's Office for the Western District of North Carolina may be contacted at:
United States Attorney’s Office
Western District of North Carolina
227 West Trade Street, Suite 1650
Charlotte, North Carolina 28202
704-344-6222
United States Attorney’s Office
Western District of North Carolina
100 Otis St., Room 203
Asheville, North Carolina 28801
828-271-4661
If no one is available, please leave a message, your name and phone number, as well as the name of the defendant, and/or case number if you are calling on a specific case, we will return your call as quickly as possible. If you wish to attend a sentencing, please be sure to provide information including the name of the defendant, the case number, your phone number and information sufficient to let program staff know that you want to attend a specific hearing. Cases are often postponed at very short notice, and every effort will be made to keep you informed, if you let us know you want to attend.
Victim Notification System
The Department of Justice is committed to ensuring that victims of federal crime are treated fairly as their
case moves through the criminal justice system. In order to provide victims
with information on case events, the Department of Justice has developed the
Victim Notification System (VNS). This page will provide you with information
about VNS.
Click on the links below to download the VNS Brochure which is in PDF format:
(Adobe Acrobat
Reader required)
VNS Brochure
Victim Notification System (VNS)
VNS is a cooperative effort between the Federal Bureau of Investigation (FBI),
the United States Postal Inspection Service (USPIS), the United States
Attorneys’ offices, and the Federal Bureau of Prisons (BOP). This free,
computer-based system provides two important services to victims: information
and notification. This information is available in English and Spanish.
You will receive a Victim Identification Number (VIN) and a Personal
Identification Number (PIN) that will allow you to access the system. You may
write those numbers on the attached tear-off card to keep with you. If you have
chosen to participate in VNS, but have not received these numbers, please
contact either the federal law enforcement agency or the U.S. Attorney’s office
handling your case. Your VIN and PIN numbers are both required when receiving
information or any time you contact the Call Center.
Common Questions
Below are some common questions about VNS. If at any time you have a question
about VNS that is not answered here, please feel free to contact your local FBI
or U.S. Attorney’s office.
1. What if I forget my PIN?
If you cannot remember your VIN or PIN numbers, please contact the person
indicated on your initial notification letter or the Victim-Witness Coordinator
at your local U.S. Attorney’s office.
2. What if I am not at home or my phone is busy when VNS calls?
If you are not at home of if your telephone line is busy, the Call Center will
continue calling you every 30 minutes. If the call is answered, but is not
confirmed with your PIN number, VNS will continue to call every 2 hours.
3. When can I call VNS?
Monday - Friday 6:00 a.m. - 3:00 a.m.
Saturday 6:00 a.m. - 12:00 a.m.
Sunday 8:00 a.m. - 12:00 a.m.
(Eastern Time)
1-866-DOJ-4YOU
(1-866-365-4968)
For International Callers:
1-502-213-2767
4. Does the Victim Notification System ensure my safety?
No. Do not depend on VNS to ensure your safety. If you feel that you are being
threatened, immediately notify law enforcement.
5. What should I do if my contact information changes?
If your address or phone number changes, you may contact the VNS Call Center
(1-866-365-4968 & provide your VNS VIN & PIN); the person indicated on
your initial notification letter; or the Victim-Witness Coordinator at the U.S.
Attorney’s Office.
6. Must I receive notification?
If you do not wish to receive notification you may contact the VNS Call Center
(1-866-365-4968 & provide your VNS VIN & PIN, Select Opt Out option);
the person indicated on your initial notification letter; or the Victim-Witness
Coordinator at the U.S. Attorney’s Ofc.
Victim Rights
As a crime victim, you have
the following rights under 18 United States Code Section 3771:
(1) The right to be reasonably protected from the accused; (2) The right to
reasonable, accurate, and timely notice of any public court proceeding, or any
parole proceeding, involving the crime or of any release or escape of the
accused; (3) The right not to be excluded from any such public court
proceeding, unless the court, after receiving clear and convincing evidence,
determines that testimony by the victim would be materially altered if the
victim heard other testimony at that proceeding; (4) The right to be reasonably
heard at any public proceeding in the district court involving release, plea,
sentencing, or any parole proceeding; (5) The reasonable right to confer with
the attorney for the Government in the case; (6) The right to full and timely
restitution as provided in law; (7) The right to proceedings free from
unreasonable delay; (8) The right to be treated with fairness and with respect
for the victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights described.
You may also seek the advice of a private attorney concerning these rights and
your assertion of these rights in federal district court. Be advised that the
law does not require providing information that may endanger the safety of any
person.
For more information about these rights, please contact the Victim/Witness
Assistance Program at the U.S. Attorney's Office at 704-344-6222 in Charlotte
and 828-271-4461 in Asheville.
Many victims are interested
in how they can be repaid for their financial losses suffered as a result of a
crime. This page provides an overview of that process. The Mandatory
Restitution Act of 1996 established procedures for determining the amount of restitution
to which a victim may be entitled. Information on procedures for restitution
for crimes which occurred before the Act was passed, (April 24, 1996) is also
included. The Act provides that 'identified' victims may be entitled to an
order of restitution for certain losses suffered as a result of the commission
of an offense as part of the criminal sentence imposed on the defendant, or as
part of a plea agreement. Victims may be either individuals or businesses.
It is important to begin keeping a record of all expenses incurred as a result
of the crime, so this information can be used in determining what costs may be
ordered by a Judge to be repaid by a defendant if convicted.
Requesting Restitution
Under federal law, in many types of federal crimes, it is mandatory for a
defendant to pay restitution for cases occurring after April 24, 1996. For most
crimes committed prior to this date, Judges have more discretion on whether to
order restitution. Unfortunately, as a practical matter, a defendant who has no
money or potential to make money may be unlikely to ever make meaningful
restitution to the victims of a crime.
If a defendant pleads guilty or is found guilty at trial, available information
on each identified victim's loss, usually obtained by the case agent during the
investigation, will be provided to the U.S. Probation Office by the U.S.
Attorney's Office. A presentence probation officer is assigned to investigate
the background of a defendant, and prepare a presentence report for the Judge,
recommending the most appropriate sentence.
Identified victims whose losses are included in the counts of conviction or as
part of a plea agreement will also have the opportunity to request restitution
and explain their losses in a Declaration of Victim Loss Statement. This
statement is provided to victims to complete by the US. Probation Officer,
after a defendant has been convicted at trial or has pleaded guilty. Victims
should consider closely the types of restitution allowable, as it is often
limited, and may not include damages for such things as pain and suffering.
Victims should provide receipts or other verification where possible.
Describing the Impact of the Crime
In addition, after a conviction, victims will also be asked to complete a
Victim Impact Statement. This statement allows victims the opportunity to
report on various consequences of the offense, including financial, social,
psychological and/or medical consequences. The Victim Impact Statement provides
an important way for the Judge to consider losses and harm as a result of the
crime.
Physical Injury as a Result of the
Crime
For an offense resulting in physical injury to a victim, the Court may order:
payment equal to the cost of necessary medical and related professional
services and devices relating to physical, psychiatric, and psychological care;
payment equal to the cost of necessary physical and occupational therapy and
rehabilitation; and/or reimbursement to the victim for income lost as a result
of the offense.
Restitution for Financial Loss
In most fraud cases, restitution may be ordered where victims of the offense of
conviction have suffered the loss of money or some negotiable instrument (investor
fraud offenses or offenses involving the misuse of stolen credit cards), or the
damage or loss of property. The Court may order a defendant to pay an amount
equal to each victim's actual losses, usually the value of the principle or
property fraudulently obtained.
Provisions Regarding Allowable
Restitution
In most cases, attorney fees, and tax penalties are not included in court
ordered restitution. The Court may order the return of property or money to a
victim or to someone a victim chooses. The Court may also order restitution to
persons other than victims of a convicted offense, if agreed to in a plea
agreement. If a victim dies, restitution may also be paid to a victim's estate.
Documents verifying a victim's death and information on power of attorney may
be requested by the U.S. Clerk of Court, prior to any restitution being paid.
In cases such as these, it is very important to keep the U.S. Attorney's
Victim/Witness Assistance Program or the U.S. Clerk of Court, Fiscal Unit
informed of any address changes. Change of Address Form
A court may decline to order restitution if it finds that determining
restitution in a case is too complex. In most cases, if the victim consents,
the Court may order the defendant to make restitution by performing "service"
instead of money, or to make restitution to a person or organization designated
by the victim. Victims should list such suggestions on their Victim Impact
Statement which is provided if a defendant is convicted of a crime for which
they are an identified victim.
How Does a Victim Begin Receiving
Money?
For cases, in which the crimes were committed after April 24, 1996, the U.S.
Clerk of Court is charged with the collection and distribution of restitution
as any payment becomes available. For crimes committed prior to that date, the
U.S. Attorney's Office, Financial Litigation Unit (FLU) or the U.S. Clerk of
Court may be responsible, depending on the District. If you are awarded
restitution, simply keep the U.S. Attorney's Office Victim/Witness Assistance
Program or the U.S. Clerk of Court/Fiscal Unit informed of where you live and
if your address changes. Any restitution payment owed will be forwarded to you
as it becomes available.
The U.S. Attorney's Office, Financial Litigation Unit (FLU) is charged with
enforcing orders of restitution. In the Western District of North Carolina, in
cases in which a restitution order is made, the Financial Litigation Unit (FLU)
of the U.S. Attorney's Office will file a lien on behalf of identified victims.
The FLU unit will pursue various means to enforce restitution, as the judgment
and its resources permit, on behalf of identified victims for 20 years from the
filing date of the Judgment, (plus the time period of actual incarceration) or
until the death of the defendant. While a defendant is under the supervision of
a probation officer, that probation officer will also monitor and ensure
appropriate restitution is paid, where possible.
Can Victims File a Lien Against a
Defendant?
A victim may also choose to request the U.S. Clerk of Court to issue an
Abstract of Judgment certifying that a judgment has been entered in a victim's
favor in the amount specified in the Judgment. A victim may then file this with
the Recorder's Office for any county in which it is believed the defendant has
assets, in the state in which a defendant was convicted in federal court. Upon
its recording, the Abstract of Judgment becomes a lien upon the property of the
defendant in that county/state in the same manner as a state court judgment. Victims
should consult with a private attorney for specific information. A copy of the
Abstract of Judgment may be downloaded from the U.S. Clerk of Court Internet
web page, or by contacting the U.S. Clerk of Court. Victims must complete the
form and submit it to the U.S. Clerk of Court before the Abstract will be
"issued" by the U.S. Clerk of court.
Additional Restitution Provisions
An order of restitution is not dischargeable in a defendant's bankruptcy. Under
the Act, if an identified victim discovers further losses after a judgment has
been filed, that victim has 60 days after discovery of the losses, to petition
the Court for an amended restitution order. This order may be granted only upon
a showing of good cause for the failure to include such losses in the initial
claim for restitution.
After a Judge has imposed a restitution order, the U.S. Attorney or an
identified victim may later make a motion to the Court if he/she discovers a
material change in the defendant's economic circumstances that affects his or
her ability to pay restitution. Victims with such information should contact
the U.S. Attorney's Office. The U.S. Attorney's Office is required to certify
to the Court that victims who are owed restitution are notified about such
material changes. Upon receipt of such notification, the Court has the
discretion to adjust the defendant's payment schedule or require payment in
full, as the interests of justice require.
Other Available Remedies
Victims of violent crimes may be eligible for victim compensation which can
often pay for medical and psychological costs, loss of income or support, or
funeral expenses related to the crime. In some cases, victims of fraud crimes
may be able to seek some recovery through a regulatory agency. In some cases, a
victim may also wish to file a civil action or file in small claims court
against a defendant to recoup losses caused by the crime. For advice on the
wisdom of such a suit, you should consult with a private attorney of your
choice, or the Small Claims Court in the county in which the crime occurred.
There is usually a statute of limitations which limits the time in which a
civil suit can be filed.
What If I Expect Damages from a Civil
Suit or Receive Compensation from Other Sources?
If a victim has received compensation from insurance, disability, the Crime
Victims' Compensation Fund, or any other source with respect to a loss, the
Court shall order that restitution be paid to the person/company who provided
or is obligated to provide the compensation. However, the restitution order
shall provide that all restitution is payable to actual victims first. Any
amount ordered paid as restitution shall be reduced by any amount later
recovered as compensatory damages for the same loss in any related civil
proceeding.
RESOURCES WHICH MAY BE HELPFUL FOR
VICTIMS OF FEDERAL CRIMES:
National Eldercare
www.eldercare.gov
Locator Services Hotline:
1-800-677-1116
National Center for Victims of Crime
www.ncvc.org
703-276-2880
National Organization for Victim Assistance
www.try-nova.org
202-232-6682
National Fraud Information Center
www.fraud.org
1-800-876-7060
Federal Trade Commission Clearinghouse
www.consumer.gov/idtheft
1-877-ID-THEFT (1-877-438-4338)
National Foundation for Credit Counseling
www.nfcc.org
1-800-388-CCCS (1-800-388-2227)
Privacy Rights Clearinghouse
www.privacyrights.org
619-298-3396
Robbery Victims
You've
all seen a pebble drop into a pool of water and noticed the ripples which are
produced by the impact of that pebble. A similar ripple occurs from person to
person when a crime occurs. As an employee, you have been exposed to a crime in
your work setting. Even if you were not directly confronted during the
incident, you may experience reactions from your exposure to the robbery or
attempted robbery. How people react to these events varies from person to
person and is affected by individual factors such as how you usually handle
stressful situations and what kind of support you have both inside and outside
of work. Your reaction may be immediate or may be delayed. You may experience
symptoms that are physical, emotional, or cognitive (involving your thinking
ability). IT IS IMPORTANT TO REALIZE THAT THESE ARE NORMAL FEELINGS,
BEHAVIORS AND REACTIONS TO AN ABNORMAL EVENT.
COMMON EMOTIONAL & PHYSICAL
RESPONSES
Irritability, which may be directed at family and friends;
Loss of motivation - feeling blue or depressed;
Apathy and indifference
Chronic fatigue and flashbacks
COPING WITH THE AFTERMATH OF CRIME
VICTIMIZATION
Awareness and understanding are crucial in beginning to deal effectively with
this event in your life. You can begin by being aware that you MAY react in
some of the ways that have been discussed. Remember that your reactions are
normal. You may find that you react to sights, sounds, smells, and textures
that were present at the time of the crime and which remind you of the
incident. Sometimes being exposed to a
traumatic event may trigger memories of past events in your life. Perhaps you
have been victimized before, or have lost someone close to you. You may once
again find yourself experiencing feelings related to these earlier events.
Feelings of vulnerability and helplessness are frequent after victimization.
One of the first things to pay attention to is your need to feel safe again.
Take any precaution which will make you feel safer.
Financial Crime
Federal law enforcement
professionals are concerned about victims and witnesses of financial crimes. As
a victim or witness, you probably have questions about how a case will be
investigated, what services and information will be available to you, and how
you can begin to cope with your financial losses. This brochure was designed to
provide general information to answer common concerns.
Federal crime victims have a number of rights during their participation in the
criminal justice system. If you ask to be kept informed about the status the
case, you may either receive periodic updates, or you may contact the case
agent or agency's Victim/Witness Coordinator (Coordinator) on an ongoing basis.
It Is Very Important to Report Any Address Changes During an Investigation
and/or Prosecution.
Even though the months ahead may be difficult for you and your family, your
assistance is important to ensure that justice is fully achieved. The
investigation of a possible financial crime is complex and may involve several
law enforcement agencies. In regards to the criminal justice process, all
defendants are presumed innocent until proven guilty in a criminal court.
Investigations may involve hundreds of victims in one case. During the
investigation process, the case agent/Coordinator will remain your principle
contact. If you remember anything additional, or learn of additional
information about the crime, contact the case agent.
If
a case is accepted for prosecution federally, you should be contacted by the U.
S. Attorney's Office. Each Office has a Coordinator to serve as your liaison throughout
the process, to answer questions about the status of a case, and to assist with
victim concerns. Some rights may only be available if a case is accepted for
prosecution. Once a case is indicted, you have the right to information about
the continuing status of a case. This includes information about providing a
victim impact statement, requesting restitution and information about a
defendant's release from prison.
What Can I Do About Financial Losses?
Collect and save all paperwork that directly relates to your loss. If an arrest
is made and a conviction is obtained, the judge will consider requiring the
offender to pay you for certain losses (called restitution). You may be asked
to provide verification of your loss amount. In addition, some losses may be
tax deductible. Because tax laws are complicated, consult a qualified tax
advisor or the Internal Revenue Service to see if your losses qualify.
Finally, if you believe the fraud perpetrator has assets, you may be able to
recover losses through a civil lawsuit. Contact your state or local Bar
Association for the names of attorneys who specialize in this area of law to
determine if your case is appropriate for civil action. Another remedy may be
with the Small Claims Court for the county in which the crime occurred.
Will I Get My Money Back?
Many victims want to know if they will get their money back, through
restitution. Restitution is an order by the sentencing judge, ordering a
convicted defendant to pay identified victims for certain losses as a result of
the crime. In many types of federal crimes, it is mandatory for a convicted
defendant to pay restitution. Unfortunately, as a practical matter, a convicted
defendant who has no money or limited potential to make money may be unlikely to
ever make meaningful restitution, particularly in fraud cases with many
victims.
However, the federal government will work earnestly to ensure that any assets
owned by a sentenced defendant, can be considered for payment of court-ordered
restitution. An order of restitution is enforceable for twenty years, from the
time a criminal judgment requiring restitution is filed (plus the time
incarcerated).
If You Are Threatened or Harassed
Your safety is important to us. It may be helpful to know that threats or
retaliation against a victim or potential witness are very rare. However, if
you receive harassing or other improper phone calls, mail, or actions from
anyone as a result of your participation in the investigation of your case,
contact your local police and/or the case agent immediately. Federal law
provides for extra penalties for harassment or other threats against victims
and witnesses. The case agent will discuss protective measures, if necessary.
What Can I Do to Address Financial or
Credit Problems?
Some victims have financial losses which are so severe that they are unable to
meet current financial obligations. If identification or financial information
was stolen, credit may be affected, which may impact your immediate financial
dealings. In both of these situations, consider the following options. Contact
creditors and/or a nonprofit credit counseling service, who may work with you
to reduce or modify your payments, or work with you to limit access to your
accounts. Submit a written statement to local and national credit reporting
agencies about your victimization. Provide supporting documents such as a copy
of the criminal judgment. Be alert. Many fraud artists contact victims claiming
they can help recover your losses for a fee, or may sell your name to others
committing fraud scams. If called, contact the case agent or one of the
agencies listed to verify the company's legitimacy.
Domestic Violence Laws
Violence and abuse at the
hands of a loved one is frightening, degrading and confusing. Have you
experienced this violence and abuse? If so, you are a victim of domestic
violence. You are also the victim of a crime. Despite your conflicting
emotions, the legal system may be one of the most effective ways to protect
yourself and your children.
In 1994, Congress passed the Violence Against Women Act ("VAWA").
This Act, and the 1996 additions to the Act, recognize that domestic violence
is a national crime and that federal laws can help an overburdened state and
local criminal justice system. In 1994 and 1996, Congress also passed changes
to the Gun Control Act making it a federal crime in certain situations for
domestic abusers to possess guns. The majority of domestic violence cases will
continue to be handled by your state and local authorities. In some cases,
however, the federal laws and the benefits gained from applying these laws, may
be the most appropriate course of action.
WHO SHOULD I CALL TO REPORT A POSSIBLE
FEDERAL CRIME?
For a possible Gun Control Act violation, please call your local Alcohol,
Tobacco and Firearms ("ATF") Office. For a possible VAWA violation,
please call your local Federal Bureau of Investigation ("FBI")
Office. The numbers for the FBI and ATF are listed on the back of this
brochure.
WHAT ARE THE FEDERAL CRIMES AND
PENALTIES?
All the federal domestic violence crimes are felonies. It is a federal crime
under VAWA to cross state lines or enter or leave Indian country and physically
injure an "intimate partner". 18 U.S.C. Section 2261 to cross state
lines to stalk or harass or to stalk or harass within the maritime or
territorial lands of the United States (this includes military bases and Indian
country). 18 U.S.C. Section 2261A to cross state lines or enter or leave Indian
country and violate a qualifying Protection Order. 18 U.S.C. Section 2262 It is
a federal crime under the Gun Control Act: to possess a firearm and/or
ammunition while subject to a qualifying Protection Order. 18 U.S.C. Section
922(g)(8) to possess a firearm and/or ammunition after conviction of a
qualifying misdemeanor crime of domestic violence. 18 U.S.C. Section 922(g)(9)
A violation of the Gun Control Act, Sections 922(g)(8) and 922(g)(9), has a
maximum prison term of ten years. A violation under VAWA, Sections 2261, 2261A
and 2262, has a maximum prison term of five years to life, depending on the
seriousness of the bodily injury caused by the defendant. In a VAWA case, the
Court must order restitution to pay the victim the full amount of losses. These
losses include costs for medical or psychological care, physical therapy,
transportation, temporary housing, child care expenses, lost income, attorney's
fees, costs incurred in obtaining a civil protection order, and any other
losses suffered by the victim as a result of the offense. In a Gun Control Act
case, the Court may order restitution.
Please keep a record of all expenses caused by the domestic violence crime.
WHAT IS A QUALIFYING DOMESTIC VIOLENCE
MISDEMEANOR?
Possession of a firearm and/or ammunition after conviction of a
"qualifying" domestic violence misdemeanor is a federal crime under
Section 922(g)(9). Generally, the misdemeanor will "qualify" if the
conviction was for a crime committed by an intimate partner, parent or guardian
of the victim that required the use or attempted use of physical force or the
threatened use of a deadly weapon. In addition, Section 922(g)(9) imposes other
legal requirements. The United States Attorney's Office may examine your case
and determine whether the prior domestic violence misdemeanor conviction
qualifies under Section 922(g)(9).
WHAT IS A QUALIFYING PROTECTION ORDER?
Possession of a firearm and/or ammunition while subject to a Protection Order,
and interstate violation of a Protection Order are federal crimes if the
Protection Order "qualifies" under Sections 2262 and 922(g)(8).
Generally, a Protection Order will qualify under federal law if reasonable
notice and an opportunity to be heard was given to the person against whom the
Court's Order was entered and if the Order forbids future threats of violence.
The United States Attorney's Office may evaluate your Order to see if it
qualifies. Therefore you should keep copies of all Orders.
WHO IS AN INTIMATE PARTNER?
Generally, the federal laws recognize an intimate partner as a spouse, a former
spouse, a person who shares a child in common with the victim, or a person who
cohabits or has cohabited with the victim.
CAN MY CONCERNS BE HEARD IN FEDERAL
COURT?
A victim in a VAWA case shall have the right to speak, if desired, to the Judge
at a bail hearing to inform the Judge of any danger posed by the release of the
defendant. Any victim of a crime of violence shall also have the right to
speak, if desired, at the time of sentencing, about the impact of the crime
upon their life and that of their family.
Dealing With Crisis
You
or someone you care for may have been involved in a critical event or crime.
For many people, this can cause unusually strong emotional reactions. Some
people report almost no reaction to a critical event, while others report a
variety of physical, emotional and social responses. These may appear a few
hours or a few days after the incident and in some cases, weeks or months
later. You may find yourself faced with feelings unlike those you have
previously experienced. These feelings may come and go and vary in intensity.
Their duration will depend largely on the severity of the critical event and
its significance to you. It is important that you realize that these are common
reactions to an abnormal event.
The following are possible physical and emotional reactions that you may
experience after a traumatic incident has occurred:
Restlessness
Tension
Headaches
Tremors/Shaking
Upset stomach/Nausea
Changes in Appetite/Dizziness
Sleep disturbances
Nightmares/Flashbacks
Fatigue/Loss of energy
Sexual problems
Muscle Aches
Feeling numb
Re-experiencing the incident repeatedly in your mind
Feeling overwhelmed
Easily startled
Emotional exhaustion/Withdrawal
Unable to concentrate or remember things
Moodiness, Irritability
Shocked/In a daze
Confusion
Feeling lost or abandoned
Avoiding situations that are reminders of the incident
Depression/Grief
Difficulty in solving problems and making decisions
Unable to concentrate or remember things
Sadness
Guilt/Self-blame
Anger
Fear/Anxiety
HELPING YOURSELF
There is no "right" or "wrong" way to feel or react as a
victim. Many others who have been victimized have feel the same as you do now.
YOU ARE NOT ALONE AND YOU ARE NOT CRAZY! It is important to talk about what you
have experienced and how you feel about it with concerned family members and
friends or a counselor. Getting help from a professional does not imply
craziness or weakness. It simply means that the particular event was too
powerful for anyone to handle alone.
DEALING WITH THE MEDIA
You do not have to talk to the media if you don't want to. If you choose to
speak to the media, you may choose the time and place for an interview - it
does not have to be at the media's convenience. (If this is a workplace crime,
check your institution's policy regarding statements to the media).
HELPING YOUR FAMILY
One of the best ways to help you and your family cope is to realize that they
may be going through the trauma with you. Although you might want to protect
them by not discussing what has happened, your actions may make it clear that
there is something bothering you. It will help everyone involved if you share
this information sheet with them. Although you might want to ignore your
reactions, it is usually best to deal with concerns as they arise. If not
allowed to be expressed, feelings have a way of resurfacing later on.
IF YOU ARE A VICTIM OF A WORKPLACE CRIME
Your co-workers probably understand more than anyone else what you are going
through. It is important to share your feelings with them and rely on them for
mutual support. There may also be help available through Employee Assistance
Programs, or through mental health counseling available through your medical
insurance. Contact your local Victim Witness Coordinator from the investigative
agency responsible for investigating the case, or at the U.S. Attorney's
Victim/Witness Assistance Program.
Sexual Assault
Sexual assault can be an
extremely traumatic experience. You may have been hurt both physically and
emotionally. Feelings of anger, guilt, shame, and fear are common reactions. In
addition to dealing with these strong emotions, you may also be concerned about
being infected with a sexually transmitted disease or HIV, the virus that
causes AIDS.
Testing for STDs and HIV
If you did not get immediate medical attention after the sexual assault, get a
full check up for STDs, including HIV, right away. A rape examination usually
includes STD tests. If STD and HIV testing are not available, you should go to
another clinic for a test as soon as possible.
Most medical clinics, hospitals, and private physicians will test for STDs and
HIV. Some clinics and public hospitals will do the testing free of charge.
Clinic telephone numbers are listed on this brochure. If the case is being
investigated or prosecuted by a Federal Government agency, you are entitled to
testing at no cost to you. Certain requirements apply. Check with the Victim
Witness Assistance Program with the investigative agency investigating your
case, or the Victim Witness Assistance Program at the U.S. Attorney's Office,
for details and procedures. Many STDs take several days to several months to
show up. If an STD is diagnosed at an exam done right after the assault, you
probably had the STD before the assault. The infection could be from past
sexual contact or drug use. Talk to your health care provider about taking
medicine and telling partners. If your first tests are negative, you may be
able to rule out the possibility that you had an STD before the assault.
Even if your tests are negative, get tested again in 3 to 6 months. You cannot
be sure if you have HIV or another STD unless you get tested at least 3 months
after the assault. It can take up to 6 months after infection for antibodies to
show up on a test. Victim Assistance staff can assist you in obtaining this
second test at no cost to you. Your health and peace of mind are worth it!
While waiting for the test results, it is normal to feel anxious and worried.
Your counselor or doctor may be able to help. During this time, you need to
protect your health and your loved ones from infection.
Testing and confidentiality
It is important to be tested in a facility that offers counseling and protects
your confidentiality. STD and HIV tests usually are free in public health
clinics. You have the right to have up to two confidential and anonymous tests
following a sexual assault that poses a risk of transmission of HIV virus or an
STD. Test results are not given over the phone or sent in the mail. The nurse
who drew your blood will give you the test results on your second visit and
explain them to you in private.
Counseling and information
Most sexual assault crisis centers have hotlines operated by trained counselors
who understand sexual assault and will talk to you confidentially. Most medical
centers also provide counseling. Or, a Victim Witness Advocate from the
investigative agency or U.S. Attorney's Office will help you make arrangements
for counseling.
HIV testing and the perpetrator of
sexual assault
A judge can order a person charged with a sexual assault to be tested for HIV
if the victim requests this through the Assistant U.S. Attorney. You will be
given the results; however, you are allowed to share this information ONLY with
your doctor, counselor, family members, and any sexual partners you may have
had after the assault.
Regardless of the perpetrator's test, you still need to have your own HIV test.
Even if the perpetrator has HIV, you may not have been infected during the
sexual assault. If the perpetrator's HIV test is negative, the perpetrator
could still have HIV. Recent infections (within 3-6 months) may not show up on
his test. People with HIV can infect others at any time, even before their own
blood shows signs of HIV.
