Crime Victim Rights & Information

 

For Victims & Survivors

The University of Colorado Boulder Police Department (CUPD) is sorry to learn you have been a victim of a crime. As a crime victim, you may have experienced injury, loss, stress, confusion, and a disruption of your life, and we would like to offer our support with any impacts you’re experiencing as a result of this crime. Having information and an understanding about the criminal justice system may be helpful to you at this time. Crime victims are such an important part of the criminal justice system process that Colorado voters amended the state Constitution to include Victim Rights in 1992.

The Victim Rights Act states: Any person who is a victim of a criminal act or such person’s designee, legal guardian, orsurviving immediate family members if such person is deceased, shall have the right to beheard when relevant, informed and present at all critical stages of the criminal justiceprocess. All terminology, including the term “critical stages” shall be defined by the generalassembly (Article II, Section 16A Colorado State Constitution).

If you are a victim of one of the crimes listed on this page, your rights are guaranteed by theColorado Constitution. This information is designed to inform you of your rights and to helpyou exercise those rights.

What Happens Next?

It is Law Enforcement’s responsibility to investigate your case to determine if there is enough evidence and/or leads to investigate. If the investigation is continued, you will be notified in person, by phone or letter. If you have questions about your case during the investigation, call the University of Colorado Boulder Police Department at (303) 492-6666 and ask to speak to the investigating officer on your case. Throughout the investigation, the detective/officer and/or your assigned law enforcement victim advocate will keep you informed of what is happening in your case. If an arrest ismade, you will be notified; if the arrestee is transferred or released, you will be notified by Victim Information and Notification Everyday (VINE).

If it is determined that a crime was committed and a suspect is arrested and charged, your case will be referred to the District Attorney (DA). The DA will review your case and decide whether or not to file charges and prosecute the suspect. Once a suspect has been arrested and the case has gone to the DA, your input and questions regarding your case can be directed to the Boulder County Victim/Witness Unit at (303) 441-3700.If you are contacted by anyone from the Defendant’s legal team, it is your choice whether or not to speak with them. You have the right to know their name and whether they are a member of the Defendant’s legal team.

Clery Timely Warning

These notices are specifically related to compliance with the federal Clery Act, which requires colleges and universities to notify students and employees whenever there is a threat that a serious crime is ongoing or may be repeated, so that campus community members can protect themselves from harm. In some cases, campus may be required to notify the public of the crime. The notification will not include personally identifiable information of the victim.

Crimes Covered by the Colorado Victim Rights Act (VRA)

The Victim Rights Act (VRA) in Colorado ensures that crime victims are treated with fairness, respect, dignity and that they are free from intimidation, harassment, and abuse. The VRA also helps to ensure that victims are informed of critical stages of the criminal justice process and that they may be present for, and heard, at certain stages as well. The Constitution of the State of Colorado and the Colorado Revised Statutes [Section 24-4.1-302(1) C.R.S] guarantee certain rights to victims of the following criminal acts:

  • Murder
  • Manslaughter
  • Criminally negligent homicide and vehicular homicide
  • Assault (1st, 2nd, 3rd degree)
  • Menacing
  • Kidnapping
  • Sexual assault
  • Child Abuse
  • Sexual exploitation of children
  • Crimes involving child prostitution
  • Crimes against at-risk adults and at-risk juveniles
  • Indecent exposure
  • Aggravated robbery, robbery of a controlled substance, and robbery of the elderly or
  • disabled
  • Violation of a protection order issued against a person with sexual assault or stalking charged
  • Incest and aggravated incest
  • Human trafficking
  • First degree burglary
  • Second degree burglary of a dwelling 
  • First degree arson
  • Invasion of privacy
  • Invasion of privacy for sexual gratification
  • Stalking
  • A bias motivated crime
  • Retaliation against a victim or witness
  • Tampering with a victim or witness
  • Retaliation against a judge, prosecutor, elected official or juror
  • Careless driving resulting in death
  • Failure to stop at the scene of an accident resulting in death
  • Any crime involving an act of domestic violence
  • Intimidation or aggravated intimidation against a witness or victim
  • Hit and run resulting in bodily injury or death 
  • Posting a private image for harassment or pecuniary gain 
  • Any criminal attempt, conspiracy, criminal solicitation or accessory involving any of the crimes above.

If a victim is deceased or incapacitated, these rights may be exercised by the victim’s spouse, parent, child, sibling, grandparent, grandchild, significant other, or other lawful representative. Note that the person charged cannot be the designee for a child victim. 

Rights of Victims & Witnesses

Victims and witnesses of the crimes listed have a right to:

  • Be treated with fairness, respect and dignity, and to be free from intimidation, harassment or abuse
  • Be informed about what steps can be taken for protection against intimidation and harm.
  • To have your social security number excluded or redacted from a criminal justice document or record created or compiled as a result of a criminal investigation when the documents or records is released to anyone other than the victim, the defense attorney of record, the defense attorney’s agent, or a criminal justice agency.
  • Be kept informed about various phases of their case, including release of the suspect on bond, investigation, filing of charges, prosecution, trial, and sentencing.
  • Be present and provide information and input (written, in person, or by phone if unavailable to appear) into the criminal justice process, especially at key points such as bond hearings, plea-bargaining, sentencing, and parole release hearings.
  • Restitution as a condition of sentencing or another civil remedy such as a civil lawsuit.
  • The quick return of their property used for evidence when it is no longer needed.
  • Notification from officials about arrest, release of defendants, time and location of legal proceedings, time and location of trials, continuances or delays of trial proceedings, sentencing and parole hearings.
  • Be informed about eligibility for victim compensation, when applicable, and the right to be helped in completing application forms in a timely manner, when applicable.
  • Employer intercession. (A person cannot be fired or disciplined from a job for participating in an investigation or court process).
  • A quick and fair resolution.
  • At the discretion of the District Attorney, to view all or a portion of the presentence report of the probation department.
  • Be informed of the results of any HIV testing that is ordered and performed.
  • Receive information concerning any change in the status of a “cold case” and, upon written request, shall be provided with an update at least annually. A cold case is defined as a felony crime reported to law enforcement that has remained unsolved over one year after the crime was reported to law enforcement, and for which the applicable statute of limitations has not expired.
  • Information about victim assistance and other community resources.
  • The right to be informed of any request for progression from the state mental hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing which a court considered such a request

For a complete listing of your rights, please refer to Colorado Revised Statutes 24-4.1-301 through 24-4.1-304 at https://dcj.colorado.gov/dcj-offices/ovp/vra

Financial Resources

Restitution 

Restitution is the repayment of monetary losses to the victim by the offender. Restitution cannot be ordered unless the defendant pleads guilty or is found guilty at trial and a sentence is imposed. The District Attorney is responsible for providing the court with the amount of restitution owed to the victim in a criminal case. This amount may be informed by a Victim Impact Statement, testimony at trial, or through testimony by the victim at a restitution hearing. For more information on restitution, please contact your assigned District Attorney victim advocate.

Crime Victim Compensation (CVC) 

To better protect and assist victims and members of their immediate families, the Colorado General Assembly enacted the Crime Victim Compensation Act. The Victim Compensation Program is fully funded through money collected from adults and juveniles who have been convicted of crimes, including traffic offenses.

If you are a victim of a crime, a relative of a victim or a witness at the scene of a crime, you may be eligible to receive money to pay for some expenses or damages.

To qualify, one must notify law enforcement or a forensic nurse examiner (FNE) of the crime and “reasonably cooperate” with law enforcement and/or forensic examiner. The person would need to apply to the victim compensation program in the county where the crime occurred.

Examples of losses which may be compensated include:

  • Reasonable dental, medical and hospital expenses
  • Mental health counseling
  • Funeral/burial expenses
  • Lost wages/loss of support to dependents
  • Homemaker and home health services
  • Replacement of eyeglasses, hearing aids, and other prosthetic appliances
  • Property damage, i.e. repair/replace exterior windows, doors, locks of a residential home damaged by crime

If you would like to be considered for Crime Victim Compensation, you must complete and submit an application. Once the application is received it will be processed, and you will be informed of any additional documentation required.

Please apply through the Colorado Crime Victim Compensation Portal website.

For more information, questions or to get a paper copy of the application in Boulder

County, please email victimcomp@bouldercounty.gov or call 720-564-2835.

For Family & Friends of Victims/Survivors

It is likely your loved one has experienced stress, anxiety, shock and other disruptive feelings as a result of their traumatic experience. Listen to what the impacted person is needing, as this may change; it is important to do what you can to make them feel safe, supported, and validated in their feelings. Offer assistance with specific errands and tasks and patiently offer options while allowing the impacted person control. Reestablishing control is an important part of the healing process for victims, so it is important to let them decide what would be helpful from the options you provide. 

Refrain from statements such as, “It could have been worse” and “Why were you there?” Instead, let them know you’re sorry they’ve experienced this event. If the victim expresses guilt or shame over the event, a very common reaction, first validate they are having a common reaction to the experience before reassuring the victim it’s not their fault. Next, ask them how you can better support how they feel and how you can help. If they would find it helpful, support the victim in utilizing public and local resources that can help them recover.

Even if you were not a direct victim, remember, secondary victims and witnesses may often become impacted as well. Find people who can support and listen to you as you support your loved one. Ask for help when you need it.

Additional Resources & Information

CPOs are orders to stop specific acts against a “Protected Person.” Some of the things that the restrained person can be ordered to do include:

  • Stop contacting, harassing, injuring, intimidating, threatening, touching, stalking, sexually assaulting or abusing any Protected Person;
  • Stop entering or remaining on premises, or coming within a specified distance of a Protected Person or premises;
  • Stop taking, transferring, concealing, harming, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by a Protected Person;
  • An Order may be issued against an adult or a juvenile (ten years +). 

More information and how to apply can be found at

https://www.coloradojudicial.gov/self-help/getting-protection-order

If you are being intimidated, harassed, harmed, and/or stalked, or you feel you are in danger at any time, call 911 immediately. Civil Protection Orders can be applied for with the court in any county where the incident(s) occurred, or in any county where one of the parties resides, or in any county where one of the parties is employed. For the Boulder County Courts call 303-441-3775, or visit, https://bouldercounty.gov/district-attorney/crimevictim-assistance-program/restraining-orders/

If any of your property, or the property of a deceased family member, was taken as evidence or recovered during an investigation, and is not contraband, as long as it is no longer needed for evidentiary purposes, CUPD is required to return the property within 5 working days of a victim’s request. Please call the CUPD Property and Evidence Unit to arrange the release of your property at (303) 492-5116.

To request a copy of your crime, accident, or incident report, come to the University of Colorado Boulder Police Department or visit http://police.colorado.edu/content/recordsrelease-request. If you have questions, please reach out to your assigned law enforcement victim advocate or call the Records Unit at (303) 492-5115. Your request does not mean that your report will be immediately available because it must go through a standard review process and/or state laws restrict the release of certain types of reports.

If you are a victim of a crime covered by the Victim Rights Act, you have the right to a free copy of the initial crime report. There may be fees for additional copies of the report, supplemental reports, or other information.

Traumatic events happen every day in all communities, and CU Boulder’s community is not immune. The impact of this can vary from person to person. The Office of Victim Assistance strives to mitigate the impact of traumatic experiences by increasing access and awareness to empower the people we serve in making informed decisions. We do this by providing free and confidential trauma-focused services.

Services available to CU Boulder students, staff and faculty as well as people harmed on CU Boulder campus or by a CU Boulder affiliate. For confidential assistance, call OVA at (303) 492-8855 or visit their website at https://www.colorado.edu/ova/.

If an arrest is made for a VRA crime, the victim will be enrolled in Victim Information Notification Everyday (VINE), a free service that will notify the victim of any custodial changes (release or transfer) that occur after the defendant's initial arrest. Notifications may be delivered via phone, SMS, mobile application, or email based upon the victim's preference. The victim will be automatically enrolled into VINE unless they share that they would not like to receive updates with the law enforcement officer/detective or law-enforcement based victim advocate assigned to their case. After the victim has been enrolled, they too will have the option to discontinue alerts at any time by accessing VINE via the web at http://www.vinelink.com or their free mobile application and search for the registration they wish to delete. If the victim has signed in or created an account, they may go to their Watch List to locate the offender or defendant whose registration they wish to delete. For more information and a list of frequently asked questions, visit the Vine Support webpage or contact your assigned victim advocate. The Boulder County District Attorney’s Office will inform you of future court dates and legal proceedings.

Victims who feel they have not received the rights afforded by law should contact their

assigned victim advocate for assistance. If the issue cannot be resolved locally, the victim may contact the Division of Criminal Justice Victim Rights Act (VRA) Specialist with any questions about filing a complaint, to receive a complaint form, or to discuss whether your concerns fall within the purview of the Colorado Victim Rights Act. Please visit OVP: Victim Rights Act Complaint Process | Division of Criminal Justice for more information on how to get in contact with the Division of Criminal Justice Victim Rights Act (VRA) Specialist. 

C.R.S. § 24-4.1-302.5 (1) (b.8) For a victim who has had forensic medical evidence collected pursuant to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty, the right to be notified by the law enforcement agency with jurisdiction for the case of the status and location of the victim’s forensic medical evidence including:

  • (II) The right to be notified when the law enforcement agency has received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory;
  •  (II.5) Notwithstanding subsection (1)(b.8)(II)of this section, the right to be notified every ninety days by the law enforcement agency when the law enforcement agency has not yet received the results of the medical forensic DNA analysis from the accredited crime laboratory. A law enforcement agency complies with this subsection (1)(b.8)(II.5) by notifying all victims required to be notified at the same time during the first week of each of March, June, September, and December.

Beginning July 1, 2025, the hospital where the victim had the FME will provide all victims, regardless of the type of report, a card for COSAK, the Colorado Sexual Assault Kit tracking system. Victims will have the ability to log into the tracking system to check the status of their kit. Even though a victim has the option to check the status of their kit, the investigating law enforcement agency still has the requirement to contact the victim every 90 days with an update until forensic testing has been completed. To track your kit, visit trackit.co.gov and enter your kit number. A law enforcement agency is not required to provide notifications to victims who choose to remain anonymous or only medically report because the victim has made the decision not to participate in the criminal justice process.

The University of Colorado Sexual Misconduct, Intimate Partner Violence, and Stalking Policy (effective September 2021) prohibits sexual assault, dating violence, domestic violence, stalking, sexual exploitation, and sexual harassment (quid pro quo and hostile environment). The University of Colorado Boulder provides options for addressing reported incidents, as well as support resources for impacted individuals.

Sexual violence, sexual harassment, and other gender- or sex-based harassment occurring in the college setting implicates federal law including the Violence Against Women Act (VAWA) and Title IX of the Higher Education Amendments of 1972 (“Title IX”), which prohibits discrimination and retaliation for raising a concern of discrimination on the basis of sex in educational programs or activities. These laws activate certain responsibilities on the part of educational institutions. The Office of Institutional Equity and Compliance (OIEC) Office of Institutional Equity and Compliance (OIEC) at CU Boulder administer the provisions of VAWA and Title IX.

For more information, visit the Office of Institutional Equity and Compliance (OIEC) website.

(Items with * are confidential)