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Victim of Domestic Violence Documentation Requirements

Definitions of Victims of Domestic Violence, Intimidated Victim, Child Sexual Victim, and Intimidated Witness


VDV

Victim of Domestic Violence
A person who has suffered serious or repeated abuse from a family member or person with whom they have had, or continue to have, an intimate relationship, and as a result of that abuse

  • the victim suffered actual physical injury or the threat of injury, and
  • the victim will continue to suffer if (s)he continues to live in the current residence.

CSV

Child Sexual Victim
This category of Intimidated Victim was created because children are less capable than adults of communicating an on-going pattern of intimidation.

A person who at the time (s)he is 17 years old or less is the victim of one of the following crimes, and the victim will continue to suffer if (s)he continues to live in the current residence

  • Penal Law § 130.35 - Rape in the First Degree
  • Penal Law § 130.50 - Sodomy in the First Degree
  • Penal Law § 130.70 - Aggravated Sexual Abuse 

IV

Intimidated Victim
A person who is the victim of a violent crime or the threat of a violent crime and such crime was committed in a non-random manner as a result of a relationship between the victim and the perpetrator, and as a result of such crime:

  • the witness suffered actual physical injury or the threat of injury against him/herself or immediate family, and
  • the witness will continue to suffer if (s)he continues to live in the current residence.

IW

Intimidated Witness
A person who cooperates with the NY District Attorney / U.S. Attorney in the arrest and prosecution of an individual(s) who committed a crime, and as a result of such cooperation

  • the witness suffered actual physical injury or the threat of injury against him/herself or immediate family, and
  • the witness will continue to suffer if (s)he continues to live in the current residence.