CRIME VICTIM COMPENSATION: An Overview

Crime victim compensation programs across the country offer crucial financial
assistance to victims of violence. This overview provides information on how the
programs operate and what victims can do to seek help.

Victims of violent crime may suffer financial stress as devastating as their physical
injuries and emotional trauma. Recovering from violence or abuse is difficult enough
without having to worry about how to pay for the costs of medical care and
counseling, or about how to replace lost income due to disability or death.

The good news is that every state has a crime victim compensation program that can
provide substantial financial assistance to crime victims and their families. And while
no amount of money can erase the trauma and grief victims suffer, this aid can be
crucial in the aftermath of crime. By paying for care that helps restore victims'
physical and mental health, and by replacing lost income for victims who cannot work
and for families who lose a breadwinner, compensation programs are assisting victims
in direct ways.

Compensation programs are now serving an ever-increasing number of victims with

larger amounts of benefits than ever before. Despite a substantial decline in violent
crime (there are a third fewer crimes committed each year now, compared to 1993)
applications and payouts continue to grow in most states. The national total of
benefits is at record-high levels, and programs are addng new compensable costs and
expanding outreach to ensure that more victims' needs are met.

Crime victim compensation was the first type of organized victim assistance in the
United States. The earliest compensation program was created in 1965 in California,
and nine states were operating such programs by 1972, when the earliest programs
providing other types of direct victim assistance were established. Today,
compensation programs across the country are paying out close to $500 million
annually to more than 200,000 victims. Fittingly, most of this money comes from
offenders rather than tax dollars, since a large majority of states fund their programs
entirely through fees and fines charged against those convicted of crime. Federal
grants to compensation programs, providing about 35% of the money for payments to
victims, also come solely from offender fines and assessments.

Victims of rape, assault, child sexual abuse, drunk driving, and domestic violence, as
well as the families of homicide victims, are all eligible to apply for financial help.
Statistics show that victims of assault comprise about half of the claimants for
compensation, with more than a third of those claims being paid to domestic violence
victims. Child sexual abuse victims comprise 29% of the victims helped by
compensation programs. About 10% of benefits overall are paid to families of
homicide victims, and 8% goes toward sexual assault victims.

Compensation programs can pay for a wide variety of expenses and losses related to
criminal injury and homicide. Beyond medical care, mental health treatment, funerals,
and lost wages, a number of programs also cover crime-scene cleanup, travel costs to
receive treatment, moving expenses, and the cost of housekeeping and child care if a
victim is unable to perform those tasks. And states continue to work with victims and
advocates to find new ways to help victims with more of the costs of recovery.

While each state operates under its own law, all compensation programs have the
same basic criteria to determine eligibility for benefits. It is very important, however,
to check with the individual state to see exactly what its requirements are (and the
Program Directory on this Website can be useful in doing that). Generally, the victim
must (a) report the crime promptly to law enforcement, and cooperate with police and
prosecutors (many states allow exceptions to this requirement, particularly for child
victims); (b) submit a timely victim compensation application (again, some exceptions
may be possible); (c) have a cost or loss not covered by insurance or another
government benefit program (victim compensation programs pay only after other
collateral sources are used); and (d) not have committed a criminal act or some
substantially wrongful act that caused or contributed to the crime (the eligibility of
family members generally depends on the behavior of the victim when programs
assess this requirement). Apprehension or conviction of the offender is not required.

Maximum benefits available from the states average $25,000, with some states able
to offer more, and some states having lower limits. Lower caps within the maximum
are common for some types of benefits, like funeral and burial costs, mental health
counseling, or lost wages.

http://www.nacvcb.org/index.asp?bid=14

Telling victims about compensation is the responsibility of every individual who works
in victim services and law enforcement. This resource also should be made known by
those who provide medical and counseling services. Compensation programs depend
largely on these professionals who work with victims daily to get the message out that
financial assistance is available, and programs typically expend a great deal of time
and effort in providing training and information to them. We encourage everyone with
a role in helping victims to get more details from the program in their state by
contacting it directly.

https://www.gov.uk/guidance/criminal-injuries-compensation-a-guide#time-limits-for-
applying
https://www.justice.gov.uk/downloads/news/press-releases/victims-com/victims-views-
court-sentencing1011.pdf

https://www.victimsupport.org.uk/sites/default/files/Criminal%20neglect%20report.pdf

https://www.pvamu.edu/auxiliaryservices/wp-
content/uploads/sites/19/cvc_brochure.pdf

https://victimsofcrime.org/docs/Comp%20Roundtable/Repairing%20the%20Harm
%20FINAL.pdf?sfvrsn=0

http://www.iovahelp.org/About/MarleneAYoung/RoleOfVictComp.pdf

http://www.manupatra.com/roundup/348/Articles/Article%20Victim.pdf

http://www.unafei.or.jp/english/pdf/RS_No81/No81_11VE_Chockalingam.pdf

MANOHAR SINGH APPELLANT

VERSUS

STATE OF RAJASTHAN AND ORS. RESPONDENT CRIMINAL APPEAL NO. 99 OF 2015

The Supreme Court held that the Court while sentencing an accused, the court
should not only strike a balance between needs of the society and fairness to
the accused, but also should award compensation to the victim of crime. The
bench comprising oustice T.S. Thakur and Justice Adarsh Kumar Goel said
that ...

Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-

justice-sc-read-judgment/

... The court has to give attention not only to the nature of crime, prescribed
sentence, mitigating and aggravating circumstances to strike just balance in
needs of society and fairness to the accused, but also to keep in mind the need
to give justice t... give justice to the victim of crime. ...

Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-

justice-sc-read-judgment/

The court pointed out that justice has been often overlooked. Justice Goel,
speaking for the bench, said: In spite of legislative changes and decisions of
this court, this aspect at times escapes attention. Rehabilitating the victim is as
important as punishing the accused. Victim`s plight cannot be ignored even
when a crime goes unpunished for want of adequate evidence,...
Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-
justice-sc-read-judgment/...

Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-

justice-sc-read-judgment/

Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-

justice-sc-read-judgment/

Read more at: http://www.livelaw.in/court-compensate-victim-crime-delivery-

justice-sc-read-judgment/