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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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i am a victim of sex assault i did a report at police ...

Customer Question

i am a victim of sex assault i did a report at police station there are lot of prouves may i have an idea what could be my indemnity and and before court there is any compensation
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
Whether there is likely to be any compensation and if so how much it would be depends of the circumstances under which you were assaulted and who did it. For example, if it happened in the workplace orif it was committed by someone in the course of his employement, there may be insurance coverage.

Did the police take a report? Was the person who did this someone you know? Where did the incident take place? Also, did you seek immediate medical treatment?

If you provide this information, I can give you a more specific answer to your question.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Jim Reilly and 7 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
the police took the report
the person was someone who i ve just known
at my hotel he wnt inside without my agreememt
for medical treatment i did
alosso he did this without protection
Customer: replied 6 years ago.
i am a tourist here right now and i wanna to stay here forever it was supposed to meet him at the concord bart station to show me the best way to be usa permanent resident and to pick up back to my hotel in the city he did nt so i was obliged to take another hotel there he asked me to use the wc but after he refused to out and forced me to do sex
Expert:  Jim Reilly replied 6 years ago.
If the person is prosecuted, the court can order restitution as part of any sentence that is imposed, but if he goes to prison will probably not have any means of making restitution.

You would also be entitled to civil damages, which will be easier to prove if he is convicted, but once again more difficult to collect.

If he has no assets from which to pay restitution or damages, you will have a difficult time collecting anything from him. Based on the facts you provided, it does not seem likely that anyone else would be liable, either.

However, California does have a special program of compensation for victims of certain kinds of crimes, including sexual assaults. It is called the Victim Compensation Program and is administered by the Victim Compensation and Government Claims Board. Instructions on how to apply and application forms are available online at this website:

http://www.boc.ca.gov/victims/howtoapply.aspx

There are restrictions on what and how much can be paid. The guidelines are at:

http://www.boc.ca.gov/victims/coverage.aspx

You do not need an attorney to apply for compensation under this program; the board will assist you in filing and processing a claim.

You will also not need an attorney to collect restitution if he is convicted in a criminal proceeding; the probation department will help you with that. However, if you want to sue him civilly, you will need an attorney for that.

If you have not already done so, I also suggest that you seek counselling (the cost of which can be covered by the Victim Compensation Program).

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