7 FAM 1900
Crime victim assistance
7 FAM 1910
INTRODUCTION and authorities
(CT:CON-823; 07-27-2018)
(Office of Origin: CA/OCS)
7 FAM 1911 OCS Crime victim assistance program
(CT:CON-823; 07-27-2018)
a. The Overseas Citizens Services (OCS) Crime Victim Assistance Program began in June 2000, following an inter-agency agreement with the U.S. Justice Department. The goal of the Crime Victim Assistance Program is to assist U.S. citizen victims of crime abroad and their families with access to necessary information on resources and services. Training and resource-sharing are used to ensure victims receive necessary, appropriate, and available services while still in the foreign country, and if desired upon return to the United States. The program focuses on assisting victims of serious crimes, including:
(1) Assault, both physical and sexual;
(2) Child physical and sexual abuse;
(3) Domestic violence;
(4) Early and forced marriage;
(5) Homicide;
(6) Hostage-taking;
(7) Kidnapping;
(8) Terrorism; and
(9) Other crimes in which the victim suffers serious physical injuries and/or emotional trauma.
b. This chapter applies to private U.S. citizens. For crimes against official U.S. citizens and dependents, see 3 FAM 1810. 7 FAM 1820 also includes guidance related to hostage-taking and terrorism.
c. For information on limitations and disclosure of information, including the Privacy Act, please see 7 FAM 060 and 7 FAM 1920.
7 FAM 1912 OVERVIEW of the Program
(CT:CON-823; 07-27-2018)
a. The Bureau of Consular Affairs (CA) created the Crime Victim Assistance Program because the needs of victims of serious or violent crimes overseas are notably different from cases involving accidents, illness, or death by natural causes, due to the nature of the trauma the victim may experience and involvement in the host country's criminal justice process. Every crime will be different; therefore, the Department and each consular section's response to each crime should be expeditiously tailored to best meet the needs of the victim(s) with high quality customer service at the core.
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NOTE:
Factors that mitigate the impact of crime on victims are:
Quality and timeliness of your response; Support from family, friends and others; The number and quality of victim assistance resources available. |
b. Three Main Principles of Victim Assistance, adapted from research and best practices from the Office for Victims of Crime (OVC) at the Department of Justice and FBI Victims Services Division (VSD), include:
(1) Safety and security of victim;
(2) Ventilation and validation; and
(3) Predict, prepare, and inform.
These three principles are covered in greater detail in 7 FAM 1930.
c. Consular assistance is not tied to whether a judicial finding has been made, nor is it contingent upon your certainty that a crime occurred. Your role does not require you to satisfy yourself with respect to the particular elements of what a person asserted happened, nor do we require an unquestioning belief of victims’ statements as a criterion for providing assistance. The use of the word “alleged” by investigating professionals is not intended to express skepticism, but merely to indicate that there has been no adjudication that a crime has occurred in a criminal court. Nothing should detract from an empathetic and helpful attitude towards persons who say they have been victimized.
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NOTE:
Empathy is defined as: the ability to understand and share the feelings of another without pity or sorrow. (Adapted from an Oxford English Dictionary definition.) |
7 fam 1913 AUTHORITIES
(CT:CON-823; 07-27-2018)
a. The federal government has enacted laws that specify certain rights of crime victims. In addition, many states have amended their state constitutions or laws to accord rights to victims.
b. Foreign governments have also recognized the unique problems experienced by victims of crime. See the non-binding U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by General Assembly resolution 40/34 of November 29, 1985.
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;
(e) 22 CFR 71.1 Protection of Americans Abroad; and
(f) 22 CFR 71.6 Services for Distressed Americans
(3) 7 FAM 200 (Deaths and Estates).
7 FAM 1914 through 1919 unassigned