In
addition to the rights of victims and witnesses provided for in
RCW 7.69.030, there shall be every reasonable effort made by law
enforcement agencies, prosecutors, and judges to assure that
child victims and witnesses are afforded the rights enumerated in
this section. Except as provided in RCW 7.69A.050 regarding
child victims or child witnesses of violent crimes, sex crimes,
or child abuse, the enumeration of rights shall not be construed
to create substantive rights and duties, and the application of
an enumerated right in an individual case is subject to the
discretion of the law enforcement agency, prosecutor, or judge.
Child victims and witnesses have the following rights, which
apply to any criminal court and/or juvenile court proceeding:
(1) To have explained in language easily understood by the
child, all legal proceedings and/or police investigations in
which the child may be involved.
(2) With respect to child victims of sex or violent crimes
or child abuse, to have a crime victim advocate from a crime
victim/witness program, or any other support person of the
victim's choosing, present at any prosecutorial or defense
interviews with the child victim. This subsection applies if
practical and if the presence of the crime victim advocate or
support person does not cause any unnecessary delay in the
investigation or prosecution of the case. The role of the crime
victim advocate is to provide emotional support to the child
victim and to promote the child's feelings of security and
safety.
(3) To be provided, whenever possible, a secure waiting area
during court proceedings and to have an advocate or support
person remain with the child prior to and during any court
proceedings.
(4) To not have the names, addresses, nor photographs of the
living child victim or witness disclosed by any law enforcement
agency, prosecutor's office, or state agency without the
permission of the child victim, child witness, parents, or legal
guardians to anyone except another law enforcement agency,
prosecutor, defense counsel, or private or governmental agency
that provides services to the child victim or witness.
(5) To allow an advocate to make recommendations to the
prosecuting attorney about the ability of the child to cooperate
with prosecution and the potential effect of the proceedings on
the child.
(6) To allow an advocate to provide information to the court
concerning the child's ability to understand the nature of the
proceedings.
(7) To be provided information or appropriate referrals to
social service agencies to assist the child and/or the child's
family with the emotional impact of the crime, the subsequent
investigation, and judicial proceedings in which the child is
involved.
(8) To allow an advocate to be present in court while the
child testifies in order to provide emotional support to the
child.
(9) To provide information to the court as to the need for
the presence of other supportive persons at the court proceedings
while the child testifies in order to promote the child's
feelings of security and safety.
(10) To allow law enforcement agencies the opportunity to
enlist the assistance of other professional personnel such as
child protection services, victim advocates or prosecutorial
staff trained in the interviewing of the child victim.
(11) With respect to child victims of violent or sex crimes
or child abuse, to receive either directly or through the child's
parent or guardian if appropriate, at the time of reporting the
crime to law enforcement officials, a written statement of the
rights of child victims as provided in this chapter. The written
statement shall include the name, address, and telephone number
of a county or local crime victim/witness program, if such a
crime victim/witness program exists in the county.
[2004 c 120 § 9; 1997 c 283 § 2; 1993 c 350 § 8; 1985 c 394 § 3.]
NOTES:
Effective date -- 2004 c 120: See note following RCW 13.40.010.
Findings -- Severability -- 1993 c 350: See notes following RCW 26.50.035.