Marsy’s Law changes the definition of a victim to include potentially so many other individuals that it effectively erases any right to privacy the actual victim might have.
Marsy’s Law effectually diminishes a victim’s privacy. Currently, a victim is the actual victim with some exceptions. This amendment proposes to expand that definition to include any person who is “directly or proximately harmed” by offense or act. This expanded definition includes giving rights to family, friends, and non-human entities such as corporations and businesses.
Therefore, should a rape victim, the actual victim of the rape, wish to limit the knowledge possessed by his or her family, he or she can no longer do so, as those family members are also victims under the proposed language and will be afforded every right the actual victim is given. Therefore, they will likewise have the same standing, for example, as the victim on sentencing, which is terribly inconvenient if the accused is another family member for whom some family members will argue for light sentencing against the wishes of the actual victim.
It’s bad for victims but good for government, which gains all kinds of immunities to cover for its incompetence.
