Letters to the Editor
State senator advocates victims rights bill

To the Editor:

Crime does not discriminate. Victims and witnesses of crime are our mothers, brothers, sisters, grandchildren, friends, colleagues and neighbors - and they are all entitled to certain basic human dignities and services.

Massachusetts has a long history as a leader in the Victim Rights Movement. In 1984, the Massachusetts Victim Bill of Rights (M.G.L. Ch. 258B) was enacted into law, creating the most comprehensive rights for victims of crime in any state at that time. It has been more than a decade since the last comprehensive review of the law, which led to a 1995 amendment. In those ten years, the face of crime and the needs of crime victims have changed. When compared with other states' initiatives to protect and serve victims, Massachusetts has fallen behind. We are now presented with an opportunity to return to the forefront of victim rights and better address the needs of victims, witnesses, and their families.

In conjunction with the 20th Anniversary of the Massachusetts Victim Bill of Rights (M.G.L. Ch. 258B), the Massachusetts Office for Victim Assistance (MOVA) worked with survivors and allied partners from community-based agencies, law enforcement, and the criminal justice system to assess the law's strengths, shortcomings, and gaps. Feedback from diverse stakeholders across the state led to the priority issues included in this legislation, including, but not limited to: enhanced notification of victim rights, specific rights for victims and witnesses who are children or whom have disabilities, and enhanced access to rights and services for victims and witnesses who are non-English speaking.

Among the most salient of rights this legislation will bestow is the right for victims and witnesses to be provided with a separate and secure waiting area in each of the Commonwealth's courthouses. Intimidation of victims and witnesses in courthouses is not a new phenomenon. We ask victims and witnesses of all types of crime - domestic violence, sexual assault, child abuse, elder abuse, homicide, stalking, among many others - to have the courage to report their crimes to law enforcement and to testify in court. We do so knowing that they will need to face their typical and very real fears of retaliation.

Inside district and superior courthouses across the Commonwealth, many victims are expected to sit in the same hallways as the accused and their family. It is not uncommon for defendants and their friends and relatives to stare down victims and witnesses in an attempt to intimidate them into not testifying, nor is it uncommon for defendants to boldly threaten them in the courtrooms and corridors of the courthouse, sometimes in blatant violation of restraining orders. It is a credit to the 250 Victim Witness Advocates in DAs' Offices across the state that victims and witnesses get the rights and services they need to participate in the system, begin the healing process, and seek justice.

They know all too well, as should we all, that having a separate waiting area in the courthouse will surely benefit people who suddenly find themselves thrust into the criminal justice system by virtue of being the victim or witness of a violent crime. They deserve nothing less.

I am proud to join my many colleagues in the Senate and the House of Representatives in co-sponsoring this critical legislation. It is my hope that this legislation will build upon past successes and continue the legacy of over 20 years of victim rights in Massachusetts.

Stephen M. Brewer State Senator, D-Barre