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CRIMINAL LAW: CRIME VICTIMS' RIGHTS DURING CRIMINAL INVESTIGATIONS? APPLYING THE CRIME VICTIMS' RIGHTS ACT BEFORE CRIMINAL CHARGES ARE FILED
at victims acquire rights even before a prosecution begins. The District Court for the Northern District of Indiana held to the same effect in In re Petersen. 7* There, the court held that a victim's right to be treated with fairness and with respect for [his or her] dignity and privacy "may apply before a
Page: HOUSE_OVERSIGHT_017614 →. 76 Id. Petersen also held that one specific CVRA right - the right to confer - only applies after charges have been filed. Id. But the authorities Petersen cites for that proposition prove no such thing. Confusingly, Petersen cited the Fifth Circuit's ruling in Dean for support; but (as just explained ab
Page: HOUSE_OVERSIGHT_017614 →ims in negotiating active criminal proceedings." !©* OLC then asserted: 155 150 Cong. Rec. 7303 (2004) (statement of Sen. Jon Kyl). 156 Td. 157 See Susan Estrich, Real Rape 50-51 (1987) (describing how a rape victim's sexual history may be used against her in court proceedings); Beloof, supra note 38, at 309-1
Page: HOUSE_OVERSIGHT_017622 →Crime Victims' Rights During Criminal Investigations? Applying the Crime Victims' Rights Act Before Criminal Charges Are Filed
t victims acquire rights even before a prosecution begins.” The District Court for the Northern District of Indiana held to the same effect in In re Petersen. There, the court held that a victim’s right to be treated with fairness and with respect for [his or her] dignity and privacy “may apply before any
Page: HOUSE_OVERSIGHT_014053 →e all federal prosecutors are located) but other agencies as well, such 155 150 Cona. REc. 7303 (2004) (statement of Sen. Jon Kyl). 156 Iq 157 See SUSAN EstRICH, REAL Rape 50-51 (1987) (describing how a rape victim’s sexual history may be used against her in court proceedings), Beloof, supra note 38, at 309-1
Page: HOUSE_OVERSIGHT_014065 →Article: Criminal Enforcement Redundancy: Oversight of Decisions Not to Prosecute
as well as juries) are unduly skeptical of rape allegations. '7? And there is good evidence that law enforcement agencies’ responses to 19 See In re Petersen, No. 2:10-CV-298 RM, 2010 WL 5108692, at 2 (N.D. Ind. Dec. 8, 2010) (concluding that prosecutors control charging decisions and certain victim rights
Page: HOUSE_OVERSIGHT_016535 →t sexual conduct because in rape prosecutions "the material issue is on the willingness or reluctance of the prosecutrix - an act of the mind"). 181 Susan Estrich, Real Rape 8 (1987). 182 See id. at 8-22 (describing traditional rape definitions, spousal exception, evidentiary rules, and police responses to rap
Page: HOUSE_OVERSIGHT_016546 →Entities connected to both Petersen and Susan Estrich

Jeffrey Epstein
PERSON
United States
LOCATIONRubin
PERSONLeon Black
PERSONJane Doe
PERSON
Bradley Edwards
PERSON
Department of Justice
ORGANIZATION
Prince Andrew
PERSON
Michigan
LOCATION
Paul Cassell
PERSONSecond Circuit
ORGANIZATION
Eric Holder
PERSONMaria Farmer
PERSON
India
LOCATION
Alvarado
PERSON
Gouveia
PERSON
Searcy
PERSON
the Fifth Circuit
ORGANIZATION
Salt Lake City
LOCATION
S.J. Quinney College of Law
ORGANIZATION