New Hampshire Victim/Witness Assistance

The State Office of Victim/Witness Assistance (OVWA) provides information and services to victims and witnesses in criminal cases prosecuted by the New Hampshire Attorney General’s Office. OVWA also coordinates a statewide victim/witness rights information program.

Do victims in New Hampshire have rights?

Yes.

Victims in New Hampshire of certain crimes have rights under the Victim Bill of Rights (NH RSA 21-M:8-k).

Who is eligible?

Victims of:

• Felony level crimes
• Misdemeanor sexual offenses
• Domestic violence
• Violation of a Protective Order committed by an adult offender

What rights do I have as a victim of a crime in New Hampshire?

Victims of the above crimes are entitled to the following rights under RSA 21-M:8-k:

• The right to be treated with fairness and respect for your dignity and privacy throughout the criminal justice process
• The right to be informed about the criminal justice process and how it progresses
• The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process
• The right to be notified of all court proceedings
• The right to attend trial and all other court proceedings that the accused has the right to attend
• The right to confer with prosecution and to be consulted about the disposition of the case, including plea bargaining.
• The right to have inconveniences associated with participation in the criminal justice process minimized
• The right to be notified if presence in court is not required
• The right to be informed about available resources, financial assistance, and social services
• The right to restitution or victims’ compensation for your losses (if eligible)
• The right to be provided a secure (but not necessarily separate) waiting area during court proceedings
• The right to be advised of case progress and final disposition
• The right of confidentiality of your address, place of employment, and other personal information
• The right to prompt return of property when no longer needed as evidence
• The right to have input in the probation pre-sentence report impact statement
• The right to appear and make a written or oral victim impact statement at sentencing. Note: no victim shall be subject to questioning by counsel when giving an impact statement
• The right to be notified of an appeal, an explanation of the appeal process, the time, place and result of the appeal, and the right to attend the appeal hearing
• The right to be notified and to attend sentence review hearings and sentence reduction hearings
• The right to be notified of any change of incarceration status, such as prison release, permanent interstate transfer, or escape, and the date of the parole board hearing, when requested through the victim advocate
• The right to address or submit a written statement for consideration by the parole board on the defendant’s release and to be notified of the decision of the board, when requested
• The right to all federal and state constitutional rights guaranteed to all victims of crime on an equal basis, and notwithstanding the provisions of any laws on capital punishment, the right not to be discriminated against or have their rights as a victim denied, diminished, expanded, or enhanced on the basis of support for, opposition to, or neutrality on the death penalty.
• The right to access to restorative justice programs, including victim-initiated victim-offender dialogue programs offered through the Department of Corrections.
• The right to be informed of the filing of a petition for post-conviction DNA testing under RSA 651-D.

Note: upon request to the prosecution, the victim of a “violent crime” (including aggravated felonious sexual assault and felonious sexual assault) committed by a juvenile offender shall have rights provided under RSA 169-B:35-a, II.

I am the victim of sexual assault. What rights do I have in New Hampshire?

All victims of sexual assault are entitled to the above rights as detailed under RSA 21-M:8-k.

However, victims of sexual assault are entitled to additional rights outlined in a new subdivision of the NH Victims of Crime Bill of Rights. Under RSA 21-M:18, a sexual assault survivors (regardless of age), has:

• The right not to be prevented from, or charged for, receiving a medical examination.
• The right to have a sexual assault evidence collection kit or its probative contents preserved (without charge), for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter.
• The right to be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation.
• The right to be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
• The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit of its probative contents before the expiration date of the applicable statute of limitations to:
  • Upon written request, receive written notification from the prosecutor or appropriate state official with custody, not later than 60 days before the date of the intended destruction or disposal; and
  • Upon written request, be granted further preservation of the kit or its probative contents
• The right to be informed of the rights under this section

Will I get support during the criminal justice process?

Each County Attorney’s Office in New Hampshire has a Victim/Witness Assistance Program that provides orientation, information, and support throughout the judicial process within the Superior Courts and in some District Courts.

Click here to contact your local County Attorney’s Office for Victim/Witness Assistance.

Can I have an advocate at Court with me?

Yes. If you are a victim of a felony level crime that is being prosecuted at the Superior Court level, you will be assigned a Victim/Witness Advocate through the County Attorney’s Office. This Advocate will keep you up to date on the criminal justice process and can attend hearings with you as a support person.

It’s important to note that system-based advocates (Advocates from a prosecution agency), do not have confidentiality. If you tell the Advocate at the prosecuting agency any new or relevant information to the case, they are obligated to turn this information over to defense counsel.

If you need a free, confidential advocate and are experiencing domestic and sexual violence and stalking, please contact your local domestic violence crisis center. Crisis center advocates have complete confidentiality and can sometimes attend court with you, depending on their availability.