Sun Sep 7, 2008
Free Subscription

  
   
Search the Journal
 

 
Advanced Search

Journal Links
 

Return to Front Page
Table of Contents
About Us
Editorial Board
Call to Papers
Contact Us
Policies

 
My Account
 
Username:
Password:


Register - FREE
Account Help
 

Rape Restitution Revisited
Volume 1, Issue 9 -- Published: Thursday, Jul 31, 1997 -- Last Updated: Monday, Mar 11, 2002

Email to a colleague Comment on article Bookmark article Copyright & reprint info

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.

Feedback: What do you have to say?  |  Help: Get expert assistance for your own case

Return to the front page of The Forensic Echo now!

Terms of Use   |   Privacy Statement
All Rights Reserved. Copyright © 1996-2003 The Forensic Panel