This case, which is before us on a petition for writ of mandamus, arises out of a civil suit filed under the Crime Victimsâ Rights Act of 2004. Petitioner Courtney Wild is one of more than 30 womenâgirls, reallyâwho were victimized by notorious sex trafficker and child abuser Jeffrey Epstein. In her petition, Ms. Wild alleges that when federal prosecutors secretly negotiated and entered into a non-prosecution agreement with Epstein in 2007, they violated her rights under the CVRAâin particular, her rights to confer with the governmentâs lawyers and to be treated fairly by them.
Despite our sympathy for Ms. Wild and others like her, who suffered unspeakable horror at Epsteinâs hands, only to be left in the darkâand, so it seems, affirmatively misledâby government lawyers, we find ourselves constrained to deny her petition. We hold that at least as matters currently standâwhich is to say at least as the CVRA is currently writtenârights under the Act do not attach until criminal proceedings have been initiated against a defendant, either by complaint, information, or indictment. Because the government never filed charges or otherwise commenced criminal proceedings against Epstein, the CVRA was never triggered. Itâs not a result we like, but itâs the result we think the law requires.
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