VICTIM RESOURCES
Marsy's Law
History of Marsy's Law
Marsy’s Law is a constitutional amendment aimed at enhancing the rights of crime victims throughout the United States. The movement began in 1983 after the murder of Marsalee “Marsy” Nicholas in California. Her family faced many challenges during the legal process, including encountering the accused and being unaware of their rights as victims.
In 2008, Marsy’s Law was first proposed (then passed) in California by a group of advocates, including Marsy’s mother, who sought stronger protection for victims’ rights. The movement aimed to ensure that victims would have the right to: be informed about proceedings and developments in their cases, be present at court proceedings, be heard in parole proceedings, and have their privacy considered during the legal process.
In Ohio, Marsy’s Law was first introduced as a constitutional amendment. It was aimed at guaranteeing rights such as the right to be informed of proceedings, the right to be present at hearings, and to receive restitution.
In November of 2017, Marsy’s Law was placed on the ballot. It was approved by voters with significant support (over 83%). Ohio’s state constitution was amended to incorporate the rights of crime victims. It included provisions ensuring victims participation in the judicial process and protections from the accused.
In November 2022, an amendment to the state constitution was passed overwhelmingly by voters. This completely changed the landscape of ORC 2930. It was implemented in April 2023 and updated in July 2023.
Victims' Rights
Crime victims in Clermont County have rights under Marsy’s Law. The below rights are automatic (you do not need to request these rights):
- The right to be informed of your rights.
- The right to be treated with fairness and respect for your safety, dignity, and privacy.
- The right to reasonable protection from the accused or any person acting on behalf of the accused.
- The right to information about the status of the case.
- The right to refuse a defense interview, deposition, or other discovery request.
- The right to object to defense requests for access to your confidential information, including medical, counseling, school or employment records, access to your personal devices or on-line accounts, or other personal information.
- The right to be present at all public proceedings.
- The right to have a support person with you during proceedings.
- The right to confer with the prosecutor at certain points in the case, including before pretrial diversion is granted, before the prosecutor amends or dismisses an indictment, information, or complaint, before the prosecutor agrees to a negotiated plea, and before a trial or adjudicatory hearing.
- The right to tell the court your opinion in public proceedings involving release, plea, sentencing, disposition, parole, and any other hearing that involves victims’ rights.
- The right to object to unreasonable delays.
- The right to full and timely restitution from the offender.