Sexual Assault Legal Advocate Manual
Under Wisconsin's law, Chapter 949, a person who is an "innocent" victim of crime is eligible for the cost of certain expenses incurred as a result of the crime.
The law states that a victim may be reimbursed for such financial hardships as:
- medical expenses (both physical and mental),
- lost wages,
- funeral and burial expenses,
- loss of support to the dependents of a deceased victim, and
- replacement cost of any clothing or bedding that is held for evidentiary purposes.
Clothing and bedding is often taken for use as evidence in cases involving victims of sexual assault. Also, victims who are homemakers may be compensated for expenses related to securing homemaker services when someone must be hired to provide these services.
Eligibility
Not every crime is eligible for crime victim compensation. Wisconsin law
specifies which types of crime are compensable. Sexual crimes are included
in the list of compensable crimes.
A victim is only eligible if the crime is reported to the police and the victim cooperates with law enforcement agencies. In addition, a victim is only eligible if the claim for compensation is filed within one year of the incident.
Award Information
According to state law, a victim may only be compensated for out-of-pocket
expenses suffered as a direct result of the crime. However, an award may
be made to the victim regardless of whether a person is prosecuted or convicted
for the crime resulting in the victim's injury or death.
Under current law, the maximum amount of an award for any one injury or death is $40,000.00 in addition to any reimbursement of burial expenses which may be awarded. Most payments are under $1,000.00, but the average amount is slightly higher because of the small number of large payments.
The amount of the compensation award a victim receives will be reduced by other sources of payment available to the victim, known as "collateral deductions." For example, insurance programs, workers' compensation, public funds, emergency awards and payments received from third parties or from the offender if found liable for the victim's injuries, are all taken into consideration when calculating the victim's compensation award.
Of those claims not resulting in payments, about one-half are denied on the grounds that the law does not provide for compensation under the circumstances described and another half are closed because the party seeking reimbursement does not provide the additional information requested in order to process the claim.
For More Information
The crime victim compensation program is administered by the Department
of Justice, Office of Crime Victim Services. This office provides a toll-free
number (1-800-446-6564) which a victim can call to obtain more information
about the program or to obtain an application. These forms are also available
through the victim witness programs.
