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Current through October 23, 2012
(a) The Court shall not award compensation if the:
(1) Claimant knowingly or willingly participated in the commission of the crime which forms the basis for the claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or
(2) Injury or death for which compensation is sought was caused by the victim's consent, substantial provocation, or substantial incitement.
(b) An application for assistance may be denied, in whole or in part, if the Court finds:
(1) Denial is appropriate due to the nature of the victim's or secondary victim's involvement in the events leading to the relevant crime; or
(2) The claimant failed to provide information to a requesting law enforcement agency or did not reasonably cooperate with law enforcement officials in apprehending the offender. Refusal of a victim or claimant to testify against the offender may be excused if testifying would subject the victim or claimant to a substantial risk of serious physical or emotional injury.
(c) Notwithstanding subsections (a) and (b) of this section, if the victim is found to have willingly or knowingly participated, consented, provoked, or incited the crime, a secondary victim is not automatically precluded from compensation.
(d) Gang membership or co-habitation with the offender is not considered a disqualifying factor under subsections (a) or (b) of this section, unless the claimant will be substantially and unjustly enriched by the award.
(Apr. 9, 1997, D.C. Law 11-243, § 9, 44 DCR 1142; Oct. 23, 2010, D.C. Law 18-239, § 201(b), 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-428.
Effect of Amendments
D.C. Law 18-239, in subsec. (a)(1), substituted "claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or" for "claim; or".
Emergency Act Amendments
See note to § 4-501.
Legislative History of Laws
For legislative history of D.C. Law 11-243, see Historical and Statutory Notes following § 4-501.
For history of Law 18-239, see notes under § 4-501.
