Reviewed by Survivor Rights Center · Updated 2026-10-21
The Crime Victims' Rights Act, 18 U.S.C. 3771, gives victims of federal offenses rights such as notice of court proceedings, the right to be heard at plea and sentencing, and the right to confer with the prosecutor. When the victim is under 18, incompetent, incapacitated or deceased, section 3771(e)(2)(B) allows the victim's legal guardian, a representative of the victim's estate, a family member, or any other person appointed by the court to assume those rights. The statute adds that the defendant can never be named as that person.
That last point matters in family cases, where the accused may also be a parent or relative with legal authority over the child.
In federal cases under chapter 110 of Title 18, which covers the sexual exploitation of children, restitution is mandatory. Section 2259(c)(4) uses the same rule as the Crime Victims' Rights Act for victims who are under 18: a guardian, a representative of the estate, another family member or a court-appointed person may assume the victim's rights under the section, and the defendant may not.
Covered losses include medical and psychological care, therapy, transportation, temporary housing, child care, lost income, and reasonable attorney's fees and costs.
Under 18 U.S.C. 2255, a person who, while a minor, was a victim of one of the federal offenses the statute lists, and who suffers personal injury as a result, may sue in federal court, regardless of whether the injury occurred while the person was a minor. Since the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022, the statute has no time limit for filing, for claims that were not already barred on September 16, 2022, and for claims arising after that date.
That means a person harmed as a child may be able to bring a federal claim as an adult, years later, if the conduct fits one of the listed offenses. Whether it does is a question for an attorney.
Most child sexual abuse cases are handled under state law, which sets its own rules on who can act for a child, on mandatory reporting, and on how long a survivor has to file a civil claim. Our state-by-state guides cover civil deadlines and lookback windows, and a licensed attorney in your state can confirm what applies.
Survivor Rights Center is a free survivor-education resource, not a law firm, and nothing here is legal advice. For advice about your situation, talk with a licensed attorney or a victim advocate. RAINN's National Sexual Assault Hotline is free, confidential and available 24/7 at 800-656-4673.
Yes. Under 18 U.S.C. 3771(e)(2)(B), a legal guardian, family member or court-appointed person may assume the rights of a victim under 18. The defendant can never be named to that role.
The statute bars the defendant from being named as the person who assumes the child's rights. A court can appoint another person.
Possibly. 18 U.S.C. 2255 covers people who were victims of listed federal offenses while minors, and since 2022 it has no filing deadline for claims not already barred. An attorney can tell you whether the conduct fits a listed offense.
This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state; many offer a free first consultation. If you need support now, the RAINN hotline is 800-656-4673, 24/7.
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