Crime Victims' Rights & Compensation

Crime victims in the United States generally rely on two different legal systems at once. One is a rights framework in criminal cases, centered in federal court on the Crime Victims' Rights Act (18 U.S.C. § 3771). The other is a funding-and-services framework centered on the Victims of Crime Act (VOCA), which supports state compensation programs and victim-service providers through the Crime Victims Fund. As of April 9, 2026, DOJ's Office for Victims of Crime states that the Crime Victims Fund balance is over $3.5 billion, and OVC continues to administer formula support for victim compensation and assistance in every state, the District of Columbia, and U.S. territories.

Current Law (2026)

Legal Authority

• 18 U.S.C. § 3771 - Crime Victims' Rights Act rights and enforcement mechanisms in federal proceedings
• 34 U.S.C. § 20101 - Crime Victims Fund
• 34 U.S.C. § 20102 - State crime-victim compensation grants
• 34 U.S.C. § 20103 - Victim assistance grants
• 34 U.S.C. § 20105 - Emergency reserve and mass-violence or terrorism assistance authorities
• 34 U.S.C. § 20107 - Crime-victim legal-assistance grant authority
• 34 U.S.C. § 20111 - Office for Victims of Crime

Implementing Regulations

• 28 CFR Part 45 — DOJ Employee Responsibilities: Part 45 implements DOJ's internal professional conduct obligations; § 45.10 specifically implements Section 3771(f) of the Crime Victims' Rights Act (CVRA), which directs the Attorney General to promulgate regulations to ensure that DOJ employees make their best efforts to comply with victims' rights. Key provision:

  • § 45.10 — Procedures to promote compliance with crime victims' rights obligations: DOJ personnel who are engaged in the detection, investigation, prosecution, or supervision of federal offenders must make their "best efforts" to ensure victims receive the rights guaranteed by 18 U.S.C. § 3771; the regulation requires each DOJ component to designate a Victims' Rights Point of Contact responsible for training staff, handling victim complaints about CVRA violations, and coordinating with the Office for Victims of Crime; if a victim believes DOJ personnel have failed to comply, they may file a written complaint with the designated Point of Contact, who must investigate and respond; the complaint process is not a judicial proceeding and does not create an independent right of action, but creates an internal accountability mechanism. In practice, § 45.10 complaints are the primary way victims seek relief short of filing a motion in court under § 3771(d)(3).

• 28 CFR Part 94 — Crime Victim Services (37 sections implementing the Victims of Crime Act (VOCA) and related statutes; three subparts govern the VOCA Victim Assistance Formula Grant Program, the International Terrorism Victim Expense Reimbursement Program, and the Antiterrorism Emergency Reserve):

  VOCA Victim Assistance Formula Grants (§§ 94.101–94.122):

  • § 94.101 — Scope: Part 94 governs how states receive and distribute VOCA formula grants through their State Administering Agencies (SAAs); VOCA funds must be used to support "direct services" to crime victims — emergency shelter, counseling, crisis intervention, legal assistance, and other services that address the effects of criminal victimization; VOCA funds may not be used to supplant existing state or local victim services funding
  • § 94.103 — Direct services requirement: SAAs must use VOCA funds to provide direct services through sub-recipients; "direct services" means activities that directly assist crime victims in stabilizing their lives after victimization, including crisis intervention, individual advocacy, counseling, therapy, emergency legal assistance, referrals, transportation, and emergency shelter and housing
  • § 94.104 — Required 40% directed allocation: SAAs must sub-award at least 40% of VOCA funds to programs serving (1) victims of sexual assault, (2) victims of domestic violence, and (3) victims of child abuse — 10% minimum each for the first two categories, with the remaining 20% distributed among these and underserved populations; this statutory allocation ensures that VOCA's largest victim populations receive reliable minimum funding shares
  • § 94.111 — Eligible crime victim assistance programs: SAAs may award VOCA funds only to programs that (1) provide direct services, (2) are available to serve all crime victims in the jurisdiction, (3) are not run by or for the benefit of the criminal justice system, (4) coordinate with other victim services in the jurisdiction, and (5) assist victims in obtaining victim compensation benefits by helping with applications
  • § 94.112 — Eligible organizations: both public and private nonprofit organizations are eligible to receive VOCA subgrants; faith-based organizations may receive VOCA funds on the same terms as secular organizations, but may not use VOCA funds for inherently religious activities; programs serving victims of crime regardless of demographic characteristics, geography, or type of victimization are preferred; programs must document legal authority to provide services
  • § 94.115 — Confidentiality of victim information: SAAs and sub-recipients must protect the confidentiality of personally identifying information about crime victims; victim information may not be disclosed without the victim's informed consent; aggregated, non-identifying data may be shared for program reporting; this confidentiality provision reflects the reality that disclosure of a victim's location, name, or case information can expose them to further danger from perpetrators
  • § 94.118 — Project match requirements: sub-recipients must contribute a 20% non-federal match for VOCA grant funds; the match may be cash or in-kind; in-kind contributions include the value of volunteer services (computed at a reasonable hourly rate), donated space, donated equipment, and donated supplies; waiver of the match is permitted for programs serving underserved victims if the sub-recipient can demonstrate that the match requirement would significantly hinder service delivery
  • § 94.119 — Allowable direct service costs: VOCA funds may pay for crisis intervention, counseling, therapy, case management, emergency transportation, child care when needed to attend victim service appointments, legal services (advocacy and accompaniment, not court representation), medical advocacy (not medical care itself), and follow-up contact with victims; VOCA funds may also pay for interpreter services and materials in languages other than English
  • § 94.122 — Expressly unallowable costs: VOCA funds may not be used for: lobbying, capital improvements, purchase of real estate, vehicles (except in very limited circumstances), fundraising, services that are not related to victimization, academic research unrelated to direct services, or payment of fines, penalties, or legal judgments

  International Terrorism Victim Expense Reimbursement Program (§§ 94.11–94.52):

  • §§ 94.21–94.23 — Eligibility and reimbursable expenses: U.S. persons (and foreign nationals in certain circumstances) who are victims of international terrorism (acts occurring outside the U.S. that would constitute federal crimes if committed domestically) are eligible for OVC direct reimbursement; eligible expenses include medical treatment, mental health treatment, funeral and burial costs, and emergency travel expenses not covered by insurance or other sources; expenses are capped by category — medical/mental health has no cap beyond documented actual costs; funeral/burial up to $35,000; the program is a direct-pay mechanism, unlike the VOCA state compensation system
  • §§ 94.31–94.32 — Application deadline: claims must be filed within three years of the act of international terrorism, or within three years of the date the claimant knew or reasonably should have known of the injury and its connection to terrorism; this longer deadline than typical state compensation programs reflects the difficulty of timely filing in international emergency situations
  • § 94.51 / § 94.52 — Reconsideration and final decisions: a victim may request reconsideration within 30 days of the initial determination; the Director's decision on reconsideration is the final agency action; there is no further administrative appeal — judicial review under the APA is the only remaining option

How It Works

Crime victims are served by two largely parallel systems that are easy to confuse. The first is a procedural rights framework in the criminal case itself. Under the Crime Victims' Rights Act (18 U.S.C. § 3771), victims in federal cases have eight enforceable rights — including notice of proceedings, the right not to be excluded from public hearings, the right to be heard at sentencing, and the right to full and timely restitution. Most states have enacted parallel victim-rights statutes or constitutional amendments (Marsy's Law has passed in roughly a dozen states as of early 2026, with additional state ballot measures pending). These rights operate within the criminal proceeding and are enforced by motions in the trial court or, in egregious cases, by mandamus petition.

The second system is financial compensation for out-of-pocket losses, which operates entirely separately from the criminal case. Under the Victims of Crime Act (VOCA), 34 U.S.C. § 20101-20103, the federal government funds the Crime Victims Fund — financed from criminal fines, penalties, bond forfeitures, and special assessments collected in federal cases, not from general tax revenue. This makes annual funding levels more volatile than general-appropriation programs. OVC distributes the fund through formula grants to states, which operate their own victim compensation programs covering medical costs, mental health counseling, lost wages, and funeral expenses for victims of qualifying crimes. Compensation programs are explicitly payer-of-last-resort: they cover eligible expenses not already paid by health insurance, workers' compensation, or other sources. Typical state award caps range from $25,000 to $70,000 depending on the state; property damage and pain and suffering are generally not covered.

Restitution — a court order requiring the defendant to pay back the victim — is a separate legal mechanism under the criminal sentence (see Criminal Restitution). A court may order restitution and a victim can also receive compensation; the two channels don't duplicate each other because compensation programs typically require assignment of any later-recovered restitution. VAWA programs (see Violence Against Women Act) operate alongside VOCA but address a different function: VAWA funds services — shelters, crisis counseling, legal advocacy, court accompaniment — primarily for domestic violence, sexual assault, and stalking survivors. VAWA is not a compensation formula. State rules determine practical eligibility: filing deadlines typically run 1–3 years from the crime; most programs require reporting the crime to law enforcement and cooperating with the investigation; eligible expense categories and award caps vary significantly by jurisdiction.

How It Affects You

State Variations

Pending Legislation (119th Congress)

As of April 9, 2026, the more important current-law issues in this area are the operation of the Crime Victims Fund, DOJ grant administration, restitution practice, and implementation of existing victim-rights statutes rather than a clearly enacted rewrite of the core framework summarized here.

Recent Developments

• VOCA Fix remains a central current-law development: OVC continues to describe the 2021 VOCA Fix as a key stabilizing change because it captures additional criminal monetary resolutions that previously bypassed the Fund.
• Crime Victims Fund balances remain important to service stability: OVC's public materials report a fund balance of over $3.5 billion as of December 2025, but annual receipts and allocations still fluctuate with federal criminal collections.
• VAWA 2022 continues to shape implementation: DOJ continues to administer programs under the 2022 VAWA reauthorization, including tribal-jurisdiction and survivor-service expansions that remain operationally important in 2026. The First Step Act also expanded victim notification rights for federal cases.
• As of April 9, 2026: The main practical issues in this field are funding volatility, state-by-state variation in compensation rules, and ensuring that victims actually receive the procedural rights already guaranteed by statute.