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.
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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.)
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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