As a victim of a crime, you have rights that will help you find resources, feel safe, and feel confident knowing the criminal justice system is working for you.

Our office will make sure your rights are protected and observed, and that you receive the best possible service from our office.

Marsy’s Law is named after Marsalee (Marsy) Ann Nicholas, a beautiful, vibrant University of California Santa Barbara student, who was stalked and killed by her ex-boyfriend in 1983.

The Marsy’s Law initiative began in California and was led and sponsored by Marsy’s brother, Dr. Henry T. Nicholas III.

When it passed in November 2008, Proposition 9, The California Victims’ Bill of Rights Act of 2008: Marsy’s Law, became the strongest and most comprehensive Constitutional victims’ rights laws in the U.S. and put California at the forefront of the national victims’ rights movement.


  1. Fairness and Respect – To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
  2. Protection From The Defendant – To be reasonably protected from the defendant and persons acting on behalf of the defendant.
  3. Victim Safety Considerations In Setting Bail and Release Conditions – To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
  4. The Prevention Of The Disclosure Of Confidential Information – To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
  5. Refusal To Be Interviewed By The Defense – To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
  6. Conference With The Prosecution And Notice Of Pretrial Disposition – To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
  7. Notice Of And Presence At Public Proceedings – To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
  8. Appearance At Court Proceedings And Expression Of Views – To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
  9. Speedy Trial And Prompt Conclusion Of The Case – To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
  10. Provision Of Information To The Probation Department – To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
  11. Receipt Of Pre-Sentence Report – To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
  12. Information About Conviction, Sentence, Incarceration, Release, And Escape – To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
  13. Restitution
    1. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
    2. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
    3. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
  14. The Prompt Return Of Property – To the prompt return of property when no longer needed as evidence.
  15. Notice Of Parole Procedures And Release On Parole – To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
  16. Safety Of Victim And Public Are Factors In Parole Release – To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
  17. Information About These 16 Rights = To be informed of the rights enumerated in paragraphs (1) through (16).


Download a printable version of the Marsy’s Law Victim Bill of Rights

Download English Version
Download Spanish Version

Sexual Assault Survivor’s Bill of Rights

  1. Confidential Sexual Assault Counselor – You can have a counselor or other support person with you during an exam or interview.
  2. Immediate Protection – Ask for a Court Order to protect you. For protection from the attacker right away, ask a law enforcement officer for an Emergency Protective Order.
  3. Test Results and Evidence – Ask about test results and evidence from the assault.
  4. The Process – Ask the officer for a case number and how to find out what happens next.
  5. Financial Assistance – If you need help to pay for your costs related to the assault, learn more and apply at: – *NOTE: You may have to take part in the criminal case to qualify for CalVCB.
  6. Evidence Status – You can inquire as to if your evidence was analyzed within 18 months?
  7. Attacker’s DNA Profile – Was the evidence used to make a DNA profile of your attacker?
  8. Any Matches? – Was a DNA profile entered into the law enforcement database? Did they find matches to the profiles?
  9. Crime Reports – A free copy of the crime reports. (Ask in writing to your local law enforcement agency.)
  10. Attacker’s Information – The attacker’s sex offender registry information, if convicted.
  11. Rape Kit Evidence – Evidence from the rape kit. The rape kit must be:
    – Taken to the lab and analyzed within 24 months, and
    – Kept for 20 years, or until you turn 40, if you were under 18 when the assault happened.


Download a printable version of the Sexual Assault Survivor’s Bill of Rights

Download English Version
Download Spanish Version