Who is considered a “crime victim” or “affected person” under Vermont law?
Victim Rights
Under Vermont law, a victim is defined as someone who sustains physical, emotional, or financial injury or death as a direct result of the crime or an attend to commit a crime. Family members of a homicide victim, a minor, or a person under guardianship are also considered victims. Family members include a spouse, child, sibling, parent, next of kin, domestic partner, or legal guardian.
See 13 V.S.A. § 5301
Affected Person
Vermont law also recognizes that other individuals, called an “affected person,” should also be entitled to certain notifications and information. An affected person can include witnesses to a crime, jurors, family members who are not otherwise considered crime victims, and other people who demonstrate to the court that a criminal defendant poses a threat of physical, emotional, or financial injury or death.
See 13 V.S.A. § 5301
Victims Compensation
For Victims Compensation claims, a “victim” can include the following individuals:
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A person who sustains injury or death as a direct result of the commission or attempted commission of a crime
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Someone who is injured or killed in an attempt to assist a victim or the police
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A surviving immediate family member of a homicide victim, including a spouse, domestic partner, parent, sibling, child, or grandparent. Other survivors who suffer severe emotional harm as a result of a homicide victim’s death may be eligible on a case-by-case basis.
See 13 V.S.A. § 5351
Restitution
For Restitution claims, a “victim” is defined as an individual or business that has incurred a “material loss” as a result of a crime.
See 13 V.S.A. § 7043
