7 FAM 1900
Crime victim assistance
INTRODUCTION
(CT:CON-1078; 09-24-2025)
(Office of Origin: CA/OCS)
7 FAM 1911 SUMmary
(CT:CON-1078; 09-24-2025)
a. The Bureau of Consular Affairs (CA) created the Crime Victim Assistance (CVA) Program recognizing that the needs of victims of serious or violent crimes are notably different from cases involving accidents, illness, or death by natural causes. This is due to the nature of the trauma the victim may experience, potential/ongoing involvement in the host country's criminal justice process, and victim assistance resources to help with recovery, both in the United States and some countries abroad.
b. Every crime is different. Therefore, the Department and each consular section's response should be tailored to best meet the needs of the specific victim(s), taking into consideration host country laws, culture, and resources, with a trauma informed approach at the core. The Department prioritizes assisting victims of serious or violent crimes, including:
(1) Child protection, including physical abuse, sexual abuse, abandonment, neglect, female genital mutilation and cutting (FGM/C), and forced marriage of minors;
(2) Domestic violence;
(3) Forced marriage;
(4) Homicide;
(5) Hostage-taking;
(6) Kidnapping;
(7) Sexual assault;
(8) Terrorism; and
(9) Other crimes in which the victim suffers serious physical injuries or emotional trauma, such as elder abuse.
c. In providing assistance, consular staff should recognize that laws pertaining to what constitutes a crime are different in every state, at a federal level, and in different countries. Laws related to crime victims' rights and resources also vary depending on the location.
d. You do not need to be certain that a crime occurred, nor do you need a court finding of guilt, in order to provide consular assistance to victims of crime. Your role is not to investigate or determine the truthfulness of what the victim shares with you. Your role is to respond with compassion and respect, without judgment, and with the goal of assisting them to access any available, appropriate resources in country or in the United States.
e. Discussions can also be had about the use of the terms "victim" and "survivor." Both terms are applicable. Some use the term “victim” when referring to one who has recently been affected by sexual violence, when discussing a particular crime, or when referring to aspects of the criminal justice system. “Survivor” often refers to someone who has gone through the recovery process or may be used when discussing the short- or long-term effects of sexual violence. For simplicity, we will use the term "victim" throughout the FAM, recognizing that at the time of our involvement U.S. citizens might be involved in the criminal justice process.
f. This chapter applies to private U.S. citizens. For crimes against official U.S. citizens and dependents, see 3 FAM 1810. Note that the DS Victims' Resource Advocacy Program (VRAP) has staff who provide advocacy and ongoing support services to victims identified in DS-involved cases.
7 fam 1912 AUTHORITIES
(CT:CON-1078; 09-24-2025)
a. The federal government has enacted laws that specify certain rights of victims of federal crimes. In addition, many states have amended their state constitutions or passed laws to address rights of crime victims. These rights are generally not enforceable overseas but serve as guidelines and best practices for how consular staff can assist victims. See 7 FAM 1913.
b. Many foreign governments have also recognized the unique problems experienced by victims of crime and have passed laws to address them.
c. Authority to provide consular assistance to U.S. citizen victims of crime abroad and their families in the United States is derived from:
(1) Article 5 of the Vienna Convention on Consular Relations (VCCR);
(2) Title 22 of the U.S. Code and the Code of Federal Regulations (CFR);
(a) 22 U.S.C. 3904(1) Functions of Service;
(b) 22 U.S.C. 1731 Protection of Naturalized Citizens Abroad;
(c) 22 U.S.C. 2715 Procedures Regarding Major Disasters and Incidents Abroad Affecting United States Citizens;
(d) 22 U.S.C. 2715a Provision of Information on Certain Violent Crimes Abroad to Victims and Victims’ Families;
(f) (U) 22 U.S.C. 2715b Notification of Next of Kin; Reports of Death
(e) 22 CFR 71.1 Protection of Americans Abroad; and
(f) 22 CFR 71.6 Services for Distressed Americans.
7 FAM 1913 DEFINITions
(CT:CON-1078; 09-24-2025)
The program focuses on assisting victims of serious crimes overseas, including:
Child protection. The Federal Child Abuse Prevention and Treatment Act (CAPTA), as amended and reauthorized by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at a minimum, “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act which presents an imminent risk of serious harm.” Children can also be harmed by non-caretakers or strangers. See 7 FAM 1723 and 7 FAM 1932.4 for more.
Domestic violence. Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of action or other patterns of coercive behavior that influence another person within an intimate partner relationship. It includes any behavior that may intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. See 7 FAM 1932.3 for more.
Forced Marriage. A forced marriage is a marriage where one or both parties enter into or remain in the union against their will, often due to physical force, psychological pressure, or a lack of free and informed consent. Forced marriage of a minor (also commonly referred to as 'early' or 'child' marriage) refers to any formal marriage or informal union between a minor under the age of 18 and an adult or another minor. See 7 FAM 1459 for more.
Homicide. Defined as the willful, intentional killing of one human being by another, including murder, manslaughter, and vehicular homicide. Survivors of homicide victims, also called co-victims, are generally defined as family members, friends, and other loved ones of the victim. They feel the life-changing impact of the trauma, hardship, and loss that result from the crime. See FAM 213.1 for more.
Hostage-Taking. Hostage-taking is defined as the seizing or detention of an individual coupled with a threat to kill, injure, or continue to detain such individual in order to compel a third person or governmental organization to take some action. See FAM 1821.1 for more.
Kidnapping. The federal crime of kidnapping is defined under Title 18 U.S. Code 1201 as seizing, transporting, and confining someone against their will. The kidnapping law prohibits various illegal activities, such as abducting or attempting to abduct another person and holding them for ransom, reward, or any other reason. See FAM 1821.1 for more.
Sexual assault. The term sexual assault refers to sexual contact or behavior that occurs without explicit consent of the victim. Some forms of sexual assault include attempted rape, fondling or unwanted sexual touching, forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body, or penetration of the victim’s body, also known as rape. See 7 FAM 1932.1 for more.
Terrorism. Violent, criminal acts committed by individuals and/or groups who are inspired by, or associated with, foreign terrorist organizations or nations (state-sponsored). See 7 FAM 1850 for more.
Trauma informed care. Consular and Department staff should seek to use a trauma informed approach when assisting victims of crisis or crime victimization. This can include actions in direct response to a victim, but equally important when developing programs or policies to assist U.S. citizens in need. This means staff will:
ˇ Realize the widespread impact of trauma and understand paths for recovery;
ˇ Recognize the signs and symptoms of trauma in individuals, families, and staff, and respond accordingly;
ˇ Integrate knowledge about trauma into policies, procedures, and practices; and
ˇ Actively avoid re-traumatization in all efforts.
7 FAM 1914 Crime Victims' Rights in the UNITED STATES
(CT:CON-1078; 09-24-2025)
a. The Crime Victim's Rights Act (CRVA, 18 U.S.C. 3371) sets forth the rights that a person has as a crime victim in the United States. These laws commonly express that a victim of crime has the right to:
(1) Be treated with fairness and with respect for the victim's dignity and privacy;
(2) Be reasonably protected from the accused;
(3) Be notified of court proceedings related to the case;
(4) Seek restitution from the convicted offender;
(5) Submit a victim impact statement at sentencing; and
(6) Receive information about the arrest, charging, conviction, sentencing, and release of the offender.
b. Under the Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141(c), some of the services victims in the United States are entitled to include:
(1) To be informed of the place where they may receive medical and social services;
(2) To be informed of public and private programs available for counseling, treatment, and other support services;
(3) To receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender;
(4) To know the status of the investigation of the crime, to the extent it is appropriate and will not interfere with the investigation; and
(5) To have personal property being held for evidentiary purposes maintained in good condition and returned as soon as it is no longer needed for evidentiary purposes.
c. While these U.S. federal and state laws do not apply overseas (with a few exceptions), consular staff can view them as best practices for how to assist victims of crime, to the extent possible under host country laws and processes and appropriate consular roles.
d. International principles: There are a variety of international instruments related to the rights of victims of crime. Most are in the form of non-binding declarations that articulate the rights of crime victims and the types of assistance that should be provided. See the U.N. General Assembly Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 40/43 of November 29, 1985.
7 fam 1915 VICTIMS OF CRIMES AND DISCLOSURE OF INFORMATION (under the PRIVACY ACT of 1974)
(CT:CON-1078; 09-24-2025)
a. Information contained in OCS records concerning a U.S. citizen/national victim of a crime may only be disclosed in accordance with the Privacy Act of 1974. Guidance on applying the Privacy Act to ACS cases can be found in 7 FAM 060.
b. Before disclosing information about a crime victim to anyone--including other Department employees--you must evaluate whether such disclosure would be 1) permissible (is there a legal basis in accordance with the Privacy Act) and 2) prudent (appropriate to the circumstances). Disclosure could potentially be permissible under one of the following statutory exceptions:
(1) The subject of the record has provided written consent;
(2) The disclosure is within the Department of State on a need-to-know basis;
(3) The disclosure would be for the purpose and to the type of recipient that are both set forth in a published routine use; or
(4) Another statutory exception applies, including, but not limited to, the Health or Safety Exception.
c. For Privacy Act questions, contact your CA/OCS/ACS country officer, who can consult with L/CA/POG/GC as needed.
7 FAM 1916 through 1919 unassigned