Mashpee Wampanoag Tribal Law and Order Ordinance: Section 4.11 Victim Rights and Advocate Services

The Mashpee Wampanoag Tribal Law and Order Ordinance (2018-ORD-008) addresses Victim Rights.  Tribal Members may not be aware that if they are victims of crime they have rights.  The Mashpee Wampanoag Victim Services Program goes beyond and offers emergency basic needs for victims of crime and supportive services.  Below are Victim Rights written into our Tribal Law.

(a) Victim Rights.  A victim of a crime under this Chapter 4 shall be provided a notice of rights to the following:

  1. to be treated with dignity, respect, confidentiality, and sensitivity;

  2. to ensure employment protection;

  3. to be informed, including to have a victim’s advocate appointed to assist victim throughout the tribal Court proceeding.  The victim’s advocate will suggest procedures if the victim is subjected to threats or intimidation, provide contacts for further information, and notify the victim of appeal, escape, or if conviction has been reversed and the right to address parole board if applicable;

  4. to an order restraining the abuser from further acts of violence against the victim;

  5. to an order prohibiting the abuser from using or possessing a firearm or other weapon specified by the Tribal Court;

  6. to be reasonably protected from the accused, which includes a separate waiting area or other safeguards to minimize the victim’s contact with defendant, defendant’s relatives and defense    witnesses during court proceeding;

  7. to request full and timely restitution as provided by law;

  8. to request a speedy trial and proceedings free from unreasonable delay; and

  9. to provide a victim impact statement to the Tribal Court, which the Tribal Court is required to consider in making sentencing determinations.