When You Are The Victim
G.L. c. 258B, § 3 — the basic and fundamental rights afforded victims, witnesses and family members
Basic and fundamental rights. Victims and witnesses, or the family members of a victim who has died, are afforded these rights to the greatest extent possible and subject to appropriation and available resources, with priority for crimes against the person. Among them:
- To be told by the prosecutor about the victim's rights and how a case moves through the system, and, on request, kept apprised of significant developments.
- To be present at all court proceedings related to the offense, unless a testifying victim's testimony would be materially affected and the court excludes them during certain other testimony.
- To be told in a timely manner when a proceeding they were summoned to will not go on as scheduled.
- Information on the protection available, and protection from harm and threats arising from cooperating.
- Information on financial assistance and other social services.
- A prompt disposition of the case.
Conferring with the prosecutor. A victim may confer with the prosecutor before trial, before any hearing on a defense motion for psychiatric or other confidential records, before the prosecution is dropped, and before the sentence recommendation is submitted; the prosecutor tells the court the victim's position, if known. Conferring does not include the authority to direct the prosecution.
Several of these rights apply only on request, or only to the offenses the section names. How they apply in a particular case is a question for a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 258B, § 3 — Rights afforded victims, witnesses or family members
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.