Compensation for All

When one is a victim of a violent crime, their entire world can be thrown into disarray. The physical injuries and emotional burden, along with loss of time at work or school, require time and money that most cannot handle on their own.

The Massachusetts Victims of Violent Crime Compensation Act is in place to provide financial support for those victims affected by violent crime. A victim can receive a maximum of $25,000 for their suffering. However, certain requirements must be met. First, compensation must be applied for within three years of the crime. Victims under 18 years old have until they turn 21 to file. Also, the crime must be reported to the police within five days of the incident and the victim must cooperate with both the investigation and the prosecution of the crime (www.mass.gov). For some, these are simple requirements, but for sexual assault victims, they may not be so easy.

Sexual assault is the most underreported violent crime. Though various estimates exist, an average statistic states that only 16 percent of rape victims report their attack to police (Jane Doe, Inc.). Sexual assault is accompanied by a large amount of shame; victims commonly blame themselves and worry others will do the same. These worries are quite justified. In our current society based on a “just world”, people find it hard to believe that bad things happen to good people and try to blame flaws in the victim for the crime. In addition to being blamed, victims fear others finding out and their assault being made public. Seeking out family and friends, let alone police, is no easy task.

With such a low percent of victims reporting, what is a sexual assault victim to do? Do they deserve to be cut from financial assistance because the nature of their crime? Shouldn’t Victims Compensation have requirements that enable these victims to receive restitution? To an extent, there is.

If a victim has a rape kit done or files a restraining order, this may count as ‘reporting’. However, these documents are not accessible to all sexual assault victims. One major issue is that restraining orders are only available to those who had an intimate or familial relationship with their attacker. This leaves a large amount of victims out. Also, not all forms of sexual assault require a rape kit. If no physical injuries or assault occurred, one would not seek out such a test. Even looking past these possible options, should victims of sexual assault even have to report? Is it possible to completely eliminate this requirement instead of simply finding substitute reports?

Some states have made this requirement completely unnecessary. In Indiana, reporting to the police is required within three days of the crime except for victims of sexual assault (www.in.gov). It should be noted that their maximum award is lower ($15,000) and the application is due within 180 days of the crime (compared to Massachusetts’s three years). Looking at this option, some would argue that eliminating this requirement for some is unfair and will result in higher costs or lower payouts (since it will become more accessible). However, isn’t it unfair now? Think about how much easier it is to report a car accident or a homicide. Both involve police interaction with little to no question about their presence. Sexual assault is a very personal crime and is very different from other violent crimes, especially in terms of blame and societal attitudes. Few people would blame someone who was robbed at night, but many find fault in someone raped at night. Also, would an increase in cost really result? Funding for Victims Compensation comes largely from criminal fines and penalties. By widening the range of people able to receive compensation and showing increased support, an environment of trust can result, which may lead to increased police reporting and prosecution.

We need to help all our victims, not just some, and adjust the policies in place to accommodate their needs. Our assistance should not be as victimizing as the crime.

Sources:

Supporting Survivors of Sexual Assault: A Journey to Justice, Heath, and Healing. Jane Doe, Inc.

http://www.mass.gov/?pageID=cagoterminal&L=3&L0=Home&L1=Victim+and+Witness+Assistance&L2=Victims+of+Violent+Crime&sid=Cago&b=terminalcontent&f=victim_Victim_Compensation&csid=Cago

http://www.in.gov/cji/2348.htm