Voters Nov. 5 will have a chance to amend the state's constitution with a ballot initiative aimed at enshrining the rights of crime victims into law.

Over the summer, the state Senate unanimously passed Marsy's Law, allowing it to go to voters for a final decision as a ballot measure.

The law is part of a national initiative that started in California in 2008. As of this year, 12 states had passed a ballot measure for Marsy's Law, according to Ballotpedia.

Linda Strachan, director of Butler County's Victim Outreach Intervention Center, welcomed the measure as a way to help victims navigate the criminal justice system, but she noted that her office and the county's district attorney already work with victim advocacy in mind.

“The thing I find most important is, typically, when people look at rights related to crimes, there are a lot of protections for the accused and this is the first real push to protect victims,” Strachan said. “This is the first real push to protect the rights of victims.”

The ballot measure would provide crime victims with 15 specific constitutional rights, including a right to be notified about the release or escape of a defendant. Victims also will be allowed to provide information to be considered before the parole of the offender.

“Some of the things in this legislation are happening already, but they may not be happening across the board every single time, so it would ensure these things are happening and it gives it more weight,” Strachan said.

As the state's constitution currently stands, it does not address the rights of crime victims. But the state has a Crime Victims Act, a statute enacted in 1998, that includes a section titled the Crime Victims Bill of Rights. The bill of rights enables crime victims to receive basic information, such as being notified of significant actions and proceedings within the criminal and juvenile justice systems related to their case.

“In my opinion, it equals the playing field. It doesn't give victims any more rights than the accused have, so it makes it equal,” Strachan said. “I believe that this affords the victim an opportunity to be involved with the proceedings and to be heard in the proceedings, whereas before they wouldn't be able to.”

But some disagree. The state chapter of the American Civil Liberties Union opposes Marsy's Law. It called the language “vague” and “formulaic” in a statement, and said its experts aren't satisfied that the changes won't infringe on the rights of the accused.

And earlier this month, the organization joined the League of Women Voters to file a lawsuit challenging the ballot.

The suit claims the measure is unconstitutional because it combines too many changes to the state constitution, and that each change must be considered separately.

Catherine Lalonde, the county's Democratic chairwoman, questioned why the initiative is being proposed as a constitutional amendment. She suggested that having it as a regular law would be better in case the measure, if enacted, has any unforeseen negative consequences.

“If it does turn out to have a negative impact, it would be much harder to change it or reverse it since it's a constitutional amendment,” Lalonde said.

She also expressed concerns that if the ballot measure passed, it would trample the rights of defendants who haven't been found guilty of a crime.

“It's not about rights for criminals that we're trying to support, and you do want victims to be protected, but people are innocent until proven guilty and we see instances of people being locked up for a long time for something they didn't do,” Lalonde said.

She also worried that voters might not be aware of the ballot measure when they go to vote.

“It's a major decision that most people have not been informed about,” Lalonde said. “Certain states have already done this, and there's more than enough information they could have widely shared with us.”

Regardless of what voters choose, Strachan said helping victims navigate their options is a complicated — but important — role.

“Victims aren't just women. There are men too. It's everyone. It's not always that people are fearful of a perpetrator. It could be anger. Sadness,” Strachan said. “It could be many emotions, which is why it's so difficult to face a perpetrator, especially victims of domestic violence. Victims' rights are a whole lot more than fear.”