"An Act limiting the factors that may be considered in making a crime victims' compensation award in cases of sexual assault or sexual abuse of a minor."

In 1971, the State created the Victims' Compensation Board. The function of the Board is to ensure that the victim's role in a crime is taken into consideration. For example, if an individual starts a fight and is injured, the Board could deny his or her case.

As an unintended result of this language, victims of sexual assault and child abuse could be denied compensation if the Board found them to have contributed to the circumstances of the crime. Forseeably, victims of sexual assault who had been drinking could be denied because they were intoxicated when the assault occurred.

The implication that a victim of sexual assault or child abuse in some way "deserved" to be victimized runs counter to the values of our society. An individual has done nothing to bring such a crime on him or herself.

To rectify this unintended consequence, HB 103 does the following:

1. It ensures that the victim's behavior, prior social history, or use of drugs or alcohol are not considered by the Board when awarding compensation, and
2. Retains the existing language for compensation criteria for all other crimes

The Victims' Compensation Board is funded 60/40, by the state and federal governments, respectively. Since the State's 60 percent is derived from permanent fund dividend checks garnisheed from convicted felons, the fiscal impact on the State is zero or is negligible.

Last Updated: 05/09/2003

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