In a restitution hearing for medical damages resulting to a child rape victim, a causal connection must be established between the victim's damages and the crime committed. A social worker's report to the state Office of Provider Services that the victim's psychiatric hospitalization and treatment were entirely a result of the crime was inadequate. The court ruled the defendant did not have the opportunity to examine the report and rebut it prior to the restitution hearing.
The defendant was convicted of second degree rape of a child, sentenced and ordered to pay restitution. A separate hearing was provided to determine the amount of restitution. The state offered only a medical recovery report itemizing amounts paid by the state Office of Provider Services for the victim's medical treatments, including in-patient psychiatric treatment and counseling, totaling $13,554. The defendant argued that 1) the state had failed to prove that the damages factually related to his acts because no explanation of services was provided, beyond the social worker's conclusion and 2) the state's failure to provide him with an advance copy of the report denied him the opportunity to rebut the evidence or challenge it sufficiently. The court rejected his argument, relying instead on its assumption that the Office of Provider Services would not have paid the medical bills if they were not related to the defendant's crime. The defendant appealed.
The appeals court held that the report was improperly admitted into evidence because the defendant did not have the opportunity to rebut the conclusionary statements of the Office of Provider Services. The state should have revealed the report to the defendant prior to the restitution hearing. A new hearing was ordered.