The Case for Victim Representation in Criminal Cases

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The Case for Victim Representation in Criminal Cases

By Maura Crossin
Assistant Director of Training and Consultation, Victim Rights Law Center

“The research literature has identified three factors that universally lead to stress: uncertainty, the lack of information and the loss of control.”
– Dr. Gabor Maté

Criminal cases are usually messy, confusing, and long- especially for sexual assault victims who often find themselves lost in the system. Prosecutors, even those with the best intentions, do not have the time or capacity to treat every case and victim with the individualized care and respect they need and deserve. Victim advocates can be integral to providing that care and respect, but, as I experienced when I was in that role, they are generally powerless when it comes to enforcing victims’ rights. This is where lawyers come in.

There are many ways legal representation changes the survivors’ experience in a criminal process. As a national TA provider supporting lawyers at programs across the country, I know there may be hesitancy to engage in criminal justice representation. And while the reasons for this may be entirely legitimate (e.g. capacity, resources, etc.), I also know that some programs overlook the impact lawyers might have in a sexual assault case. For programs who are considering expanding their reach, here are some of the potential areas of impact:

Information – Information is power. So often, survivors do not receive information or updates on their criminal case. Attorneys can be effective conduits by providing updates and explaining who the players are, how the process works, and complex legal terms.

Empowerment – When represented, clients are more empowered to ask questions, advocate for themselves, and ask for their desired outcomes.

Control – As nonparty witnesses, victims often have little control over a criminal case. Victims’ rights attorneys can empower them to make decisions that are right for them, giving victims a sense of control they would not otherwise have.

Safety – Lawyers can help victims to feel more safe by securing conditions of release, short- and long-term protective orders, and potentially negotiate dispositions including incarceration.

Privacy – Many victims feel re-victimized over the release of deeply personal and private information during the course of a criminal case. Lawyers can help protect that information by filing motions to limit certain information from being disclosed, request pseudonyms, etc.

Justice – A victim’s goals, and version of justice, might influence a prosecutor or judge’s approach to a case so it is critical that their position be known.

Engagement – Making phone calls, attending hearings, and communicating with prosecutors might be too hard for trauma survivors, or it just may be too much amidst their already busy lives. Attorneys can keep victims engaged throughout the process by taking many of these things off their plate.

Voice – After a sexual assault and throughout the criminal case, a victim may be made to feel like they have no voice or say in the process. Having their own representation can allow them to feel heard, validated, and supported.

If you want to learn more about how providing direct representation to victims of crime in criminal cases can positively impact the experiences and lives of survivors, join VRLC and NCVLI for an interactive and informative webinar on April 21, 2026, from 2-3:15pm ET. To learn more and register, use this link here. Our TA team is also available to provide free support to attorneys and legal advocates working with survivors. Please connect with us by emailing [email protected].

Maura Crossin (she/her) is the Assistant Director of Training and Consultation at VRLC. She comes to this role after working directly with survivors for many years as an advocate and then lawyer in the criminal justice system.