November 21, 2024
Navigating a Significant Funding Gap: The Impact on NCVLI’s Mission to Defend Victims’ Rights
By: Meg Garvin, NCVLI
For more than two decades, the National Crime Victim Law Institute (NCVLI) has been the leader, championing the rights of crime victims nationwide. At the heart of our mission is the legal work that supports lawyers in asserting and seeking enforcement of victims’ rights—a mission made possible, in part, through federal grants. However, this year, there was no federal grant funding specifically allocated for rights enforcement, leaving a critical gap in resources for victims’ legal support.
In recent years NCVLI has received an average of $150,000 per year in federal grant funding dedicated to legal work focused on rights enforcement. These funds have allowed NCVLI to provide crucial research, writing, and strategy advice to attorneys who defend victims across the country. Notably, $150,000 is significantly lower than what is needed but we have been able to persevere and continue to lead the country. Now even this regular support has now been halted, leaving a significant gap in our ability to offer essential legal assistance and guidance.
Real-World Consequences of the Funding Gap
The effects of this funding gap are immediate and profound, as illustrated by recent cases we’ve encountered. In the past three months, NCVLI has had to turn down requests for technical assistance that could have made a critical difference in the lives of victims and the legal outcomes of their cases:
Kidnapping and Sexual Violence Case in New York
A lawyer representing a victim in a challenging case involving kidnapping and sexual violence sought our support. The victim was terrified to testify in the same room as the defendants, who were also family members. Unfortunately, without the necessary funding, we lacked the resources to fully support this victims’ rights attorney. Even though the outcome of the case remains pending, the absence of robust support is less than what this victim deserves..
California Sexual Assault Case – Privacy Protection
An attorney in California representing a sexual assault survivor discovered that her client’s full name was appearing in public pleadings, despite her being no longer a part of the case. The lawyer sought help from NCVLI for the latest legal guidance on pseudonym use and redaction. While we were able to provide pre-existing information and strategy guidance we lacked the resources to do up-to-date immediate research. No victim should have their privacy at risk due to lack of resources!.
Disclosure of Counseling Records in Sexual Assault Case
In another recent case, we were contacted to support a victim fighting the disclosure of her counseling records. Drafting an amicus curiae brief would have provided substantial legal framing to support the attorney and the victim, but without resources, we could only offer limited consultation. The records were ordered to be disclosed, and while the issue is currently being appealed, NCVLI remains unable to fully engage due to the funding shortfall.
When Capacity Meets Impact: What Funding Enables Us to Achieve
When we do have the resources to provide technical assistance, the impact is significant. Here are some examples from earlier this year where our support made a direct difference:
Restitution for a Human Trafficking Victim in Wisconsin
An attorney representing a human trafficking survivor in Wisconsin reached out for guidance on restitution law. With sufficient resources at the time, we provided the latest research, helping secure restitution for the victim, which included compensation for both past work and future mental health treatment.
Stopping Disclosure of Sensitive Immigration Records in California
In California, we supported a lawyer whose victim-client was facing the disclosure of sensitive immigration records related to a visa application. Our legal team helped to successfully stop the disclosure, preserving the privacy and safety of the victim and reinforcing her trust in the legal system.
Protection Against Retaliatory Nondisparagement Threats in Illinois
We assisted an attorney in Illinois who was representing a victim threatened with violating a nondisparagement clause. By drafting a detailed legal memo, we empowered the attorney to protect the victim’s right to speak out.
Bridging the Gap to Continue Serving Victims
These examples illustrate both the unmet need and the profound impact that NCVLI’s support can have when resources are available. The absence of federal funding for rights enforcement has left us unable to fully address the pressing legal needs of victims and their advocates. Our work safeguards the dignity of crime victims by ensuring their rights are meaningful; without adequate funding, too many are left vulnerable when they access our justice system.
The solution lies in bridging this funding gap. Your support can help NCVLI continue providing critical technical assistance, empowering attorneys to advocate effectively for victims’ rights, and ensuring that every victim’s voice is heard and protected.
Every dollar truly makes a difference. To donate to NCVLI, please visit: https://bit.ly/NCVLIDonationBlog
With your contribution, you’re standing with victims and helping us continue our vital mission to protect their rights in the coming year. Let’s start 2025 stronger together. Thank you for your generosity and compassion.
