Asserting Victims' Rights and Getting Compensated: A Practical Guide

Summary. Get an advocate, register for notice everywhere in writing, document every loss before sentencing, apply for compensation even if unsure, and build the civil and insurance tracks in parallel.

For the law — the Crime Victims' Rights Act, Payne, mandatory restitution, compensation eligibility — see Crime Victims' Rights. This guide is what to do.

Four sentences that determine what a victim actually receives:

Get a victim advocate. Free, everywhere, and the highest-value step available.
Register for notification in writing with the prosecutor, the court, the jail, corrections, and the state system.
Restitution not requested before sentencing is generally not ordered.
Apply to the compensation program even if you think you are ineligible.

Week one

1. Get the report. Request a copy of the police report from the agency's records division. There may be a delay while the investigation is active, but the report number is available immediately and you will need it for everything else.

2. Get medical care and keep every document. Even if the injury seems minor. The record created now is the record that supports compensation, restitution, and any civil claim later.

3. Find a victim advocate. Call the prosecutor's office and ask for the victim-witness unit; call the police department; or call a community organization — a rape crisis center, a domestic violence program, or a general victim services agency.

One distinction to understand before you talk: an advocate at the prosecutor's office works within the prosecution and is generally not confidential. An advocate at a community-based program frequently holds a statutory privilege in many states. If you need to discuss something you do not want in the case file, talk to a community-based advocate.

4. Start the documentation folder. From day one:

Medical bills, records, and out-of-pocket receipts
Repair estimates and receipts
Pay stubs and a record of missed work
Photographs of injuries and property damage
A dated log of what happened and what you spent
Every letter, email, and voicemail from anyone about the case

5. Consider immediate safety steps. A protective order, an address confidentiality enrollment, a change of locks, notification to a school or employer. See Obtaining and Defending a Protective Order.

6. Do not post about it. Social media posts are discoverable and are used at trial.

Week two: register for notice, everywhere

Almost every failure in this field is a notice failure, and notification is not automatic.

Register, in writing, and keep the confirmation, with:

The prosecutor's office victim-witness unit
The court clerk, for hearing notices
The jail, for custody status and release
The corrections department, for later transfers and release
The state's automated victim notification system, which most states operate
Probation or parole, once supervision begins

Give every office: your name, the case number, the defendant's name, and — critically — a mailing address, a phone number, and an email you will keep. And update them when anything changes, because a stale address is the single most common reason a victim is not notified.

Ask each office, in writing: "Please confirm that I am registered for notification of all proceedings, and tell me how I will be notified."

Throughout: exercising the rights

The right to confer with the prosecutor. Ask for it explicitly, in writing, and ask to be contacted before any plea offer is made or accepted. Prosecutors are generally willing; the failure is usually that nobody asked.

What to say when you confer: what happened, what the effect has been, what you want to see happen, and what you need — a no-contact condition, restitution, a particular sentence. Be specific. "I want him punished" is less useful than "I want a no-contact order that includes my workplace, restitution for the $4,200 in medical bills, and I want to be told before he is released."

The right to be present. You may attend public proceedings. If told you may be excluded because you are a witness, know that the standard is demanding — in the federal system, clear and convincing evidence that your testimony would be materially altered — and ask the prosecutor to resist exclusion.

The right to decline a defense interview. In most states you may decline to speak with defense counsel or an investigator. Say: "I am not going to discuss the case. Please contact the prosecutor's office." You may still be subpoenaed to testify, and you must appear if subpoenaed.

The right to be heard. At bail, at plea, at sentencing, and at parole. Ask when each will occur and how to be heard at it.

If a right is violated: say so immediately and in writing to the prosecutor and, if necessary, to the court. In federal cases the statute provides a mandamus petition decided within 72 hours — speed is the point, because the remedy is to be heard before the event, not to undo it afterward.

Before sentencing: documenting losses

This is the deadline nobody announces. Restitution is generally ordered based on losses documented before sentencing. Losses submitted afterward are frequently lost.

Ask the prosecutor's office for the loss statement form and the deadline, and submit:

Medical and dental: bills, statements of what insurance paid, and what remains owed
Mental health: counseling costs, current and projected
Lost income: pay stubs, employer letters, and a calculation of days missed
Property: repair estimates or replacement cost, with photographs and receipts
Out-of-pocket: travel to appointments, childcare for court dates, replacement of items taken as evidence, locks, security measures
Funeral and burial, where applicable
Anything ongoing, with a projection and a basis

Include a short cover memorandum totaling the loss and stating the basis for each category.

Two things to ask for:

That the restitution order be entered as a civil judgment where the jurisdiction permits, which extends enforcement.
Whether asset restraint is possible if the defendant has assets — ask early, before they are dissipated.

The impact statement

Ask the advocate what your jurisdiction permits — length, whether opinions on the sentence are allowed, and whether it may be read by someone else, submitted in writing, or delivered by video.

Write it around what changed:

What you could do before and cannot do now
The physical, emotional, and financial effects, specifically
Who else was affected
Where things stand today, honestly

Avoid: characterizing the defendant generally, describing uncharged conduct, and demands the court cannot grant.

Keep it to about two pages — roughly four minutes read aloud.

Then read it out loud to someone before the hearing. What reads well silently frequently does not speak well.

And know that you do not have to do it. It is a right, not an obligation, and declining says nothing about the harm.

Compensation: apply, even if unsure

Every state has a program. It pays medical and dental costs, mental health counseling, lost wages, funeral expenses, crime scene cleanup, and sometimes relocation. It does not pay for pain and suffering or, generally, for stolen property. It is a payer of last resort, so insurance and other benefits pay first.

The eligibility rules, and how to handle them:

Report the crime, usually within a short window. If you did not, apply anyway — good cause exceptions exist and many states have narrowed reporting requirements for sexual assault and domestic violence, and accept a forensic medical examination as an alternative.
Cooperate with law enforcement. Same point: exceptions exist for fear, safety, relationship, and immigration concerns.
Apply within the deadline, commonly one to two years, with extensions available.
Note that a charge or conviction is generally NOT required. Unsolved cases qualify. This is the most common misconception and it keeps eligible people from applying.

How to apply well:

Have an advocate complete it with you. Denial rates fall substantially when they do.
Attach the report number, the bills, the insurance statements showing what was not covered, and the wage documentation.
Keep a copy of everything submitted.

If denied: appeal. There is an appeal process, it is free, and denials are frequently reversed on additional documentation or a good cause showing.

And keep submitting. Programs pay on bills submitted; treatment that continues generates new bills, and supplemental claims are permitted in most programs — ongoing counseling especially.

Insurance and the civil claim

Check every policy that might respond:

Health insurance for medical costs
Auto insurance, including uninsured and underinsured motorist coverage, in vehicle cases
Homeowner's or renter's insurance for property loss and sometimes for liability
Disability coverage for lost income
Employer benefits, including employee assistance programs

Then consider the civil claim, which is a different case with different rules:

A lower standard of proof — preponderance, not beyond a reasonable doubt. An acquittal does not bar it.
Broader damages — pain and suffering, emotional distress, and punitive damages, none of which restitution covers.
You control it, including whether to settle.
Other defendants may be liable — a property owner for inadequate security, an employer for negligent hiring or supervision, an institution that ignored a known risk. This is frequently where recovery actually exists, because the person who caused the harm has nothing.

Two cautions: the civil case's deadlines run independently of the criminal case and some are short, so consult a civil lawyer while the criminal case is pending; and a civil filing during a prosecution can create discovery complications, so coordinate with the prosecutor.

After the case ends

Confirm custody notification with corrections and the state system, and reconfirm annually — registrations lapse and systems change.

Parole input. Ask what form it takes and what conditions may be requested — a no-contact provision, a geographic exclusion, notification before release. A specific request is more useful than a general objection.

Protective orders. A criminal no-contact order usually ends with the sentence or supervision. A civil protective order is independent and renewable — obtain one before the criminal order lapses if protection is still needed.

Restitution. Confirm the order was entered, that payments are applied correctly, and that it was docketed as a civil judgment where permitted. Renew it before it expires.

Compensation. Keep submitting bills as treatment continues, and file supplemental claims.

Privacy. Ask what in the file is public and whether anything can be sealed or redacted, and enroll in an address confidentiality program if eligible.

And counseling. Compensation programs pay for it, community advocates remain available after the case closes, and neither requires a pending prosecution. People routinely assume the help ends when the case does.

Building the loss file, category by category

Restitution and compensation are both paid on documented loss, and the documentation is the entire exercise. Build it as you go rather than reconstructing it later.

Medical and dental. Every bill, every explanation of benefits showing what insurance paid and what remains, every prescription receipt, and every mileage record for appointments. Ask providers for itemized statements, not summary balances — programs and courts want the detail.

Mental health. Session invoices, the provider's statement of the treatment plan, and a projection of anticipated future sessions. Future counseling is compensable in most programs and is routinely omitted because nobody projects it.

Lost income. Pay stubs before and after, an employer letter confirming days missed and the rate, and a calculation. For self-employed people: tax returns, invoices, and a statement of work not performed. Include time spent at court proceedings, which is compensable in many programs and reimbursable as restitution in defined circumstances.

Property. Photographs, model and serial numbers, receipts or comparable listings, repair estimates from two sources, and the insurance determination showing what was not covered.

Out-of-pocket. The category people forget entirely: transportation to appointments and court, parking, childcare for hearings, replacement of items taken as evidence, new locks and security devices, temporary lodging, phone number changes, and moving costs.

Funeral and burial, where applicable, with the itemized invoice.

Crime scene cleanup, which several programs cover specifically.

Relocation, where safety required it and the program covers it.

How to organize it:

One folder, one running spreadsheet: date, category, description, amount, whether insurance paid, what remains, and where the supporting document is.
A one-page total with subtotals by category on top.
Keep the originals; submit copies.

And the timing rule that governs both tracks: compensation accepts claims as costs are incurred and permits supplements, while restitution is generally fixed at sentencing. Which means the restitution submission should include projected future costs with a documented basis, not only what has been spent so far.

Six situations

The burglary with a $9,000 loss and no arrest

A house is broken into. Electronics, jewelry, and cash are taken. No suspect is identified.

Most people assume nothing can be done. Several things can.

Homeowner's or renter's insurance is the primary source for property loss. File promptly, provide the police report number, and supply an inventory with photographs, receipts, and serial numbers. See Filing and Fighting a Property Insurance Claim.
The compensation program generally does not cover stolen property or cash — but it may cover crime scene cleanup, security improvements in some states, counseling, and lost wages for time dealing with the aftermath. Apply. A charge and a conviction are not required.
The police report should be obtained and reviewed for accuracy — insurers rely on it, and errors in the itemization cause denials.
Register for notification anyway, in case an arrest occurs later; a case solved in year two finds a victim whose address is stale.

And the documentation point: an inventory created now, with photographs and serial numbers, is worth far more than one reconstructed from memory in six weeks. Do it the same week, room by room.

The plea that happened without them

An assault victim is told a week afterward that the defendant pleaded to a reduced charge. She had asked to be notified.

Two things to separate: what can be undone, and what can be prevented next time.

What can be undone: usually nothing. Victims' rights statutes generally create no ground for a new trial and no damages remedy. The remedy runs forward.

What still remains:

Sentencing has not happened yet in most cases. The rights to be heard and to restitution attach there, and a plea does not foreclose them. Submit the loss documentation and the impact statement now.
Ask the prosecutor, in writing, for an explanation and for confirmation of registration going forward.
Assert the violation in writing. In a federal case, the district court may be asked to act, with a 72-hour mandamus available in the court of appeals.
Ask for conditions — a no-contact provision, a stay-away order, notification of release — which can still be imposed at sentencing.

And the preventive lesson, which is the entire lesson of this field: registration must be in writing, with every office, with a confirmation kept — and a phone number and email that will not change.

The survivor who cannot afford counseling

A sexual assault survivor is offered therapy at $150 a session and cannot pay.

Three sources, in order:

The state compensation program, which pays mental health counseling in every state and frequently pays it at a higher limit for sexual assault. Apply immediately, and if the reporting or cooperation requirement is a problem, apply anyway and document the good cause — fear, relationship to the offender, safety, or a forensic examination in lieu of a report.
Rape crisis centers, which provide free counseling and advocacy, usually without any eligibility screen and with statutory confidentiality in many states.
Health insurance, which is the payer of first resort and which the compensation program will require you to bill first.

What to do about the bills already incurred: submit them. Programs pay on submitted bills, and supplemental claims for ongoing treatment are permitted in most programs — a fact that keeps people from claiming years of counseling they were entitled to.

And a rights point that is badly under-publicized: a forensic medical examination is provided at no charge, without any requirement to report to law enforcement or to cooperate. Nobody should be billed for one.

The family that wanted a trial and got a plea

A homicide victim's family wants the case tried. The prosecutor offers a plea because a key witness has recanted.

This is the hardest conversation in victims' rights work, and the honest content of it is:

The charging decision belongs to the prosecutor. The family has a right to confer and to be heard, and no right to decide.
The prosecutor is weighing the risk of acquittal, which would end the case permanently. A plea that guarantees a conviction and a sentence is frequently a better outcome than a trial that might produce nothing.
The family's views must be considered in most schemes, and should be conveyed in writing and in person.

What the family can still shape, and should focus on:

The sentence, through the impact statement and through the prosecutor's recommendation.
The conditions — no contact, geographic restrictions, notification of release.
Restitution, including funeral and counseling costs.
The record — what the plea colloquy states about the facts, which matters for parole later and for any civil case.
Parole input at the eventual hearing, where the family will be heard again.

And the thing worth saying out loud: anger at the prosecutor is understandable and is usually misdirected. The system is functioning as designed, and the design does not give victims control. Being told that clearly and early prevents years of feeling betrayed by a process nobody explained.

The compensation denial

An application is denied for failure to cooperate, because the applicant did not attend a scheduled interview.

Appeal. Every program has a process, it is free, and denials are frequently reversed.

What the appeal should establish:

What actually happened — the notice went to an old address, or the applicant was hospitalized, or a safety concern prevented attendance.
Willingness to cooperate now, with a proposed date.
Documentation: the hospital record, the protective order, the mail returned as undeliverable, the advocate's statement.
The good cause standard in the program's own regulations, quoted.

Get an advocate to file it. They know the program's staff, the standard applied, and what documentation the board actually credits.

And a broader point about these programs: they are administrative agencies, and the general principles apply — read the regulations, meet the deadlines, document everything, and appeal adverse decisions rather than accepting them. See Challenging a Government Agency Decision.

The recovery that came from a third party

A woman is assaulted in an apartment complex parking garage where the lighting had been broken for months and the security gate had not worked since the previous year. The assailant is never identified.

The criminal case produces nothing. There is no defendant.

The civil case may produce a great deal, and it is a different analysis: a property owner may owe a duty of reasonable care to protect tenants and invitees from foreseeable criminal acts, and foreseeability is established by the history — prior incidents on the property, prior complaints, police call records for the address, and the owner's own knowledge of the broken gate and lighting.

What to preserve immediately:

Photographs of the lighting, the gate, and the sight lines, before anything is repaired.
Maintenance requests and complaints, from you and from other tenants.
Police call history for the address, obtainable by public records request.
The lease and any security representations made in marketing materials.
Witness names — other tenants who complained.

And the timing point: send a preservation letter to the property owner immediately, because surveillance footage is overwritten in days and repairs eliminate the evidence. See Premises Liability for Property Owners and Businesses.

The general lesson: when the perpetrator is unknown or judgment-proof, ask who else could have prevented this — a property owner, an employer, a school, an institution with notice. That is frequently where compensation actually exists.

What the process will actually be like

Nobody tells victims what to expect, and the surprises do most of the damage. Here is the honest version.

It will take much longer than you expect. A felony case commonly runs a year to two years to disposition; a contested trial longer. Continuances are routine and are granted for reasons that have nothing to do with you — a lawyer's schedule, a lab backlog, a co-defendant.

You will be told very little unless you ask. The default posture of a busy prosecutor's office is to move cases; communication happens when someone asks for it. Ask at every stage: what happens next, when, and how will I be told?

You may have to appear repeatedly and then not testify. Cases resolve on the courthouse steps. Being subpoenaed for four settings and testifying at none is ordinary.

You will see the defendant. In the hallway, in the elevator, in the courtroom. Tell the advocate in advance — most courthouses have separate waiting areas for victims and witnesses, and staggered arrival can be arranged. Ask.

Cross-examination, if there is a trial, will be uncomfortable. It is the defense lawyer's job, it is not personal, and it is not an accusation of lying. The prosecutor should prepare you for it in advance; ask for that preparation if it is not offered.

The sentence may disappoint you. Sentences are constrained by charges, guidelines, negotiated agreements, and what the evidence supports. A sentence that feels inadequate is usually not a failure of anyone's effort.

Nothing about it will feel proportionate, because a criminal case is not designed to repair harm. It determines whether the state can prove an offense and what punishment follows.

What helps:

An advocate, who will tell you what is happening and sit with you.
A support person at every hearing.
Writing down what you want from each stage, so the disappointment is about a specific outcome rather than the whole experience.
Working the parallel tracks — compensation, insurance, counseling, the civil claim — because those are the ones that actually produce something for you rather than about the defendant.
Deciding what you will and will not attend. You are not required to be present, and some people find attendance harmful. That choice is yours and is not a betrayal of anyone.

Protecting your privacy and safety

The case creates a public record about the worst thing that happened to you, and there are steps that limit the exposure.

Address confidentiality programs. Most states operate one for survivors of domestic violence, sexual assault, stalking, and human trafficking. You receive a substitute address used for public records, voter registration, driver licensing, school enrollment, and service of process, with mail forwarded. This is one of the most protective and least publicized programs in existence. Enroll through the secretary of state or attorney general's office, usually with an advocate's help.

Sealing and redaction in the case file. Ask the prosecutor what will be public and whether anything can be redacted — your address, phone number, employer, medical records, and, for minors, identity. Many courts will do this on request and will not do it otherwise.

Your own records. Consider a credit freeze if identifying information was taken, and review your credit report. See Recovering from Identity Theft and Fixing a Credit Report.

Digital exposure. Change passwords and enable multi-factor authentication, particularly if the offender had access to devices or accounts. Check location sharing on phones and vehicles, shared accounts and family plans, and any device the offender could have configured.

Data brokers. Your address is available commercially. Opt-out processes exist and are tedious; advocates and address confidentiality programs can help.

At work and school. Many states require reasonable safety accommodations — a schedule change, a relocated workspace, a changed phone extension, escort to a parking lot — and prohibit retaliation for requesting them. Ask in writing, with the advocate's help.

At home. Lock changes, security devices, and relocation costs are covered by some compensation programs and by some restitution orders. Ask about both before paying out of pocket.

And a caution about protective orders. They are genuinely useful and they are not a physical barrier. A safety plan is separate from a court order, and advocates build them for a living. See Domestic Violence and Protective Orders.

If the person who harmed you is family

A large share of violent crime occurs between people who know each other, and it changes every practical calculation in this guide.

The prosecution may proceed without you. Prosecutors can and do go forward on other evidence — recordings, medical records, prior statements, and the responding officer's observations — even where a complaining witness does not wish to participate. Being unwilling to testify is not the same as being able to stop the case.

You may be subpoenaed. If you are, you must appear. Failing to appear on a subpoena can result in a material witness proceeding in some jurisdictions. Talk to an advocate or a lawyer before deciding what to do — the options are more varied than they appear, and they include telling the prosecutor honestly what your safety situation is.

Recanting has consequences. A statement to police followed by a contrary statement later can expose a person to perjury or false-report allegations, and it is a decision that should not be made without advice.

Your financial situation may be entangled. A conviction may cost the household its income; restitution to you may be paid from money the household needs; and a no-contact order may make a shared lease or a custody arrangement unworkable. These are real considerations and they are not reasons to hide them from the advocate — advocates help people plan around exactly this.

Protective orders can be tailored. They are not all-or-nothing: orders can permit contact for child exchange, can carve out shared workplaces, and can be modified. Say what you actually need rather than accepting a template.

Housing and immigration protections exist specifically for this situation — lease bifurcation and emergency transfers in covered housing, and immigration relief for survivors that does not depend on the abuser. See Domestic Violence and Protective Orders.

And the confidentiality point matters most here. A prosecutor's advocate is part of the prosecution team; a community-based advocate frequently holds a statutory privilege. If you need to think out loud about whether you want this prosecution to continue, that conversation belongs with the community-based advocate, not with anyone whose notes are discoverable.

When the victim is a child, or has died

Two situations follow different rules, and families encounter them without warning.

When the victim is a child. The rights are asserted by a parent, guardian, or a person the court appoints — and where the defendant is a parent or household member, the court will appoint someone else, since the person who would ordinarily assert the rights cannot.

What to ask for:

A guardian ad litem or child advocate, appointed to represent the child's interests.
Testimony accommodations: closed-circuit testimony, a support person or facility dog, courtroom closure, and limits on repeated interviews — most states provide for these and they must be requested.
A children's advocacy center forensic interview rather than repeated police interviews.
Compensation deadlines, which are frequently tolled until the child reaches majority — meaning a claim assumed to be time-barred may not be.
Privacy protections — the child's name and identifying information redacted from the public record.
Counseling, which compensation programs cover and which frequently continues for years.

When the victim has died. The rights pass to the family, and the practical burdens multiply.

Someone must be designated to receive notice and to speak for the family, and families should decide who rather than having the office decide.
Funeral and burial costs are compensable in every state program and are a specific restitution category.
The estate may hold the civil wrongful death or survival claim, which means opening a probate proceeding may be a prerequisite to suing. See Administering an Estate.
Multiple family members may each be eligible for counseling under the compensation program, not only the person handling the arrangements.
The autopsy report and the investigative file are obtainable, though timing varies while the case is active.
Statements at sentencing may be given by more than one family member in most courts — ask how many and for how long.

And a practical caution for both situations: these are the cases where families most often assume the deadline has passed, the claim is unavailable, or nobody would listen. The tolling rules for minors, the eligibility of multiple family members, and the availability of accommodations are all real and all under-claimed — and an advocate will know which apply in that state.

Twelve mistakes

Not getting an advocate. Free, everywhere, and the difference between having rights and exercising them.
Assuming notification is automatic. It is not. Register in writing with every office and keep the confirmations.
Not updating your address, which is the most common reason victims are not notified.
Waiting to be asked to confer. The right is exercised by requesting it, in writing, before any plea.
Submitting loss documentation after sentencing. Restitution not requested is generally not ordered.
Assuming compensation requires a conviction. Most programs require only a report and cooperation — unsolved cases qualify.
Not applying because of a late report. Good cause exceptions exist and are routinely granted with documentation.
Accepting a compensation denial instead of appealing it, free, with an advocate.
Stopping the compensation claim after the first submission, instead of filing supplemental claims as treatment continues.
Not checking every insurance policy, including uninsured motorist coverage and employee assistance programs.
Missing the civil deadline, which runs independently of the criminal case and is sometimes short.
Letting the criminal no-contact order lapse without obtaining an independent civil protective order.

The one-page version

Week one: get the report number · get medical care and keep everything · get a victim advocate (community-based if you need confidentiality) · start the documentation folder · consider a protective order and address confidentiality · do not post about it.

Week two: register for notification, in writing, with the prosecutor, the court, the jail, corrections, the state system, and later probation or parole — and keep the confirmations.

Throughout: ask to confer before any plea · attend what you choose to attend · you may decline a defense interview (but must honor a subpoena) · ask at every stage what happens next and when.

Before sentencing: submit the loss documentation — medical, counseling, wages, property, out-of-pocket, ongoing — with a cover memorandum · ask that restitution be docketed as a civil judgment · ask about asset restraint.

At sentencing: the impact statement — specific, two pages, about what changed; delivered however you choose, or not at all.

Compensation: apply even if unsure · attach bills, insurance statements, and wage records · have the advocate file it · appeal a denial · file supplemental claims as treatment continues.

In parallel: every insurance policy · a civil lawyer while the criminal case is pending, especially where a third party may be liable.

After the case: confirm custody notification and reconfirm annually · give parole input with specific requested conditions · obtain an independent civil protective order before the criminal one lapses · confirm and renew the restitution judgment · keep claiming counseling.

Frequently asked questions

What is the first thing to do? Get a victim advocate. Free, available everywhere, and they will handle the registrations, the documentation, and the applications.

How do I make sure I know about the hearings? Register in writing with the prosecutor, the court, the jail, corrections, and the state's automated system — and keep the confirmations.

Can I stop them from offering a plea? No. You have a right to confer and to be heard, not to decide. Ask to be contacted before any offer.

Will restitution cover everything? No. It covers documented economic loss, ordered without regard to ability to pay, and collected slowly. Pain and suffering is a civil remedy.

The case was never solved. Am I eligible for compensation? Almost certainly yes. Most programs do not require a charge or conviction — a report and cooperation are the requirements.

Do I have to give a victim impact statement? No. It is a right, not a duty, and it may be submitted in writing or read by someone else.