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Financial Compensation Concerns for Sexual Assault Victims
Sexual assault can result in many expenses for the victim. If you
have been raped or sexually assaulted, you may feel overwhelmed
by financial worries. It would not be unusual for you to have more
than $50,000 in expenses related to the assault.
Financial Costs Checklist
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Do you have medical bills because of the assault?
You may have large medical bills for emergency and follow-up
care, including prescription drug costs and hospital charges.
For example, average costs of necessary medical care after
an assault are $4,000 and higher. If insurance does not cover
all these costs, you may be able to have them covered through
other means.
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Do you have counseling bills because of the assault?
You may have large psychotherapy bills for short and long-term
mental health care. For example, the average cost of counseling
in the Boston area is $85 per session; a year of weekly counseling
would cost $4,420 on average. Additionally, medications, such
as anti-depressants, are often prescribed to survivors of
sexual assault, costing an average of $50 per prescription.
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Have you lost your job or missed paychecks because of
the assault?
You may be absent from work for days, weeks, or even months
after a sexual assault. This may cause you to lose wages and
sometimes even your job.
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Have you lost your financial aid or tuition at school
because of the assault?
If you are in school, your grades may have started to fall
after the assault and this may result in lost tuition, scholarships
and financial aid. It is critical to seek help with this issue
as soon as possible after the assault in order to prevent
large financial aid and tuition costs from mounting.
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Do you have moving expenses because of the assault?
You may need to change your housing situation or make improvements
to the security of your existing housing as a result of an
assault.
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Do you have children who rely on you to take care of them?
You may be unable to care for your children or other dependent
family members as much as you did before the assault and this
may result in increased dependent care costs.
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If you complete the financial impact checklist above, and realize
that you have assault-related expenses, please explore the legal
information section below. It explains what your three main options
for compensation may be. At the Victim Rights Law Center, we can
further explain these choices to victims. We help sexual assault
survivors decide whether or not to seek compensation for these expenses,
and we assist them in taking the required legal steps to secure
compensation.
Financial Compensation - Legal Information and Remedies
Please note: The laws outlined below provide you with general
information only. They do not provide specific legal advice to address
your specific situation. For personal legal advice please contact
us or another qualified attorney.
There are two basic ways to seek compensation for sexual assault-related
costs. Not everyone will secure compensation, but it is important
to know what your rights are.
- From a State Victim Compensation Program
- From the Perpetrator
State
Victim Compensation Program - Massachusetts
Victims of violent crimes such as rape and sexual assault are entitled
to state compensation through the Massachusetts’ Victim Compensation
Program. You can apply for up to $25,000 for many of the expenses
in the Financial Checklist above (such as medical and dental bills,
therapy costs, lost wages and dependent care expenses). However,
moving expenses are not compensated.
You can apply for Massachusetts’ Victim Compensation no matter
how much money you make or what your citizenship status is. Immigrants
are entitled to receive compensation.
To receive Victim Compensation, you must first comply with
several rules:
- You must fill out an application: (Click
here for the application). The application is simple (you
must have adobe acrobat to view the application).
- You need to show your cooperation with law enforcement or a
similar school or court entity. This usually means that you need
a police report documenting the sexual assault. If you have not
filed a police report yet, you can talk to the Massachusetts’
Victim Compensation Program, or us, if you have questions about
this reporting requirement.
- You need to apply within 3 years of the sexual assault. There
is a 3 year “statute of limitations.” This means that
if you do not ask for the money within three years, you will not
be able to change your mind and ask for the money after 3 years
have passed. You should do the paperwork now, even if you do not
have any current crime-related expenses. After you are found eligible,
there is no time limit for you to use the money. Note: There are
also limited exceptions to this 3-year rule.
If the assault occurred outside Massachusetts, please refer
to the National
Association of Crime Victim Compensation Programs for a complete
listing of each state’s Victim Compensation program.
Criminal and Civil Restitution
You can only get restitution (repayment of money spent) in certain
limited circumstances.
- You can apply for restitution as part
of a civil protective order. This is “civil”
restitution. For example, if you have moved because of the assault
or have paid money for more security at your house, you can ask
the court to order the perpetrator to pay restitution for those
costs. Please note: such civil restitution orders can only be
applied for if you are already asking the court to issue a restraining
order because you fear for your ongoing safety. You can request
the restraining order and the restitution, but you cannot ask
for just restitution.
- If you are involved in a criminal case, and the defendant
is found guilty, you can ask the court to order the defendant
to pay restitution as a part of his punishment after conviction.
This is called “criminal” restitution. If you are involved
with a District Attorney’s Office in Massachusetts, you can
also ask a Victim
Witness Advocate to explain this to you.
Civil Lawsuits against the Perpetrator or a
Third Party
If you have been sexually assaulted, the third way you may be able
to get financial compensation is to file a lawsuit. This right is
separate from the criminal justice system, but usually takes place
after a criminal case is complete.You may be able to file a direct
lawsuit against the perpetrator for assault and battery, rape, intentional
infliction of emotional distress and other “intentional”
torts.
You may also have rights against “third parties” who
are responsible in some way for what happened to you. Certain third
parties, like a landlord, owe duties to the victim and may be partially
responsible for failing to prevent or deter the crimes. For instance,
a landlord generally has a duty to provide sufficient security (such
as locks on doors) so that an assailant cannot just walk in the
door. Such cases may be filed where a legal duty exists to protect
individuals from the “foreseeable” violent acts of others.
For example, some of the third parties that may be partially responsible
include bars and other places that serve alcohol, convenience stores,
parking garages, universities and colleges, landlords, bus stations,
hospitals, and high schools.
If you are a victim and have specific questions or concerns
about any of these financial compensation issues, you can contact
us. We do not file civil lawsuits for monetary damages, but
we can refer you to experienced attorneys who do.
Attorneys and Advocates who seek further in-depth information
on civil compensation matters should consult with their state’s
Victim
Compensation Office and/or our Attorney
Practice Manual.
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