Victims' Bill of Rights

The Victims' Bill of Rights (Title 11 DE Code §9401-9420) was signed into law on July 23, 1992. On July 8, 1994, an amendment was signed and incorporated into the existing statute. Delaware was the 49th state to pass victims' rights legislation. The underlying premise of the legislation is that victims should have the right to be treated with respect and compassion, to be informed about and involved in the criminal justice process as it affects their lives, to be protected from harm and intimidation, and to be provided fair information and notice concerning the criminal justice process.

The Law Provides that you should be notified of the following:

  • How criminal cases go through the system.
  • After a defendant is released on bail including the amount of bail and any conditions.
  • Court events, possible plea agreements, outcome of the case, projected prison release dates and any sentence modification.
  • If the conviction is reversed on appeal.
  • Parole and pardon hearing dates, early release to community based on programs or if the offender escapes from a correctional facility.
  • Procedures to be followed if the offender threatens or intimidates you.
  • Services available for victims of crime.
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Mandatory Reporting Laws

Delaware law mandates any person, agency, organization or entity to make an immediate oral report to the Department of Services for Children, Youth and Their Families when they know of, or suspect, child abuse or neglect under Chapter 9 of Title 16 of the Delaware Code and to follow up with any requested written reports (16 Del. C. §903).

The persons and entities required to file these mandatory reports include, but are not be limited to:

  • Physicians
  • Persons in the healing arts (such as dentists, interns or residents, nurses, social workers, and psychologists)
  • School employees
  • Medical examiners
  • Hospitals or other health care institutions
  • Medical Society of Delaware
  • Law enforcement agencies

To report child abuse or neglect call the 24-hour hotline at (800) 292-9582 or visit https://kids.delaware.gov/fs/fs_can_report.shtml.

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If you choose to Report to Police

If you are a victim of a crime, you may report that crime to the police. That will start an investigation and may result in an offender being charged with a crime(s).

Link to Your Case Through the CJ process

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Forensic Exams

If you are a victim of intimate partner violence or sexual assault, you may go to the hospital and see a Forensic Nurse Examiner (FNE) and have a forensic exam and sexual assault kit done.

You can have an exam done without reporting the incident to the police.

It is your choice if you want the forensic exam and sexual assault kit to be released to the police. The FNE will go over that with you and will have release paperwork for you to read over and sign either way.

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