Rule 7. Eligibility for compensation

(a) A claimant is eligible for compensation if:

(1) The claimant suffered injury as a result of a crime;

(2) The crime upon which the claim is based was reported to appropriate law

enforcement officials within seven days of its occurrence or, if it could not reasonably be

reported within that time, within seven days of when it could reasonably have been

reported;

(3) The claimant files a claim with the Crime Victims Compensation Program within 1

year of the occurrence of the crime, or within one year of learning of the existence of the

program provided that the claimant makes an adequate showing that the delay in learning

of the program was reasonable;

(4) The claimant was at the time of the crime:

(A) a person who suffered personal injury or death in the District of Columbia;

(B) a resident of the District of Columbia who suffered personal injury or death as a

result of a terrorist act or act of mass violence committed outside of the United States;

(C) a resident of the District of Columbia who suffered personal injury or death

outside the District of Columbia in a state that does not have a crime victims

compensation program that is eligible for funding under the Victims of Crime Act of

1984 (98 Stat. 2170, 42 U.S.C. 10601 et seq.), as a direct result of:

(i) a crime;

(ii) assisting lawfully to apprehend a person reasonably suspected of committing

or attempting to commit a crime;

(iii) assisting a person against whom a crime has been committed or attempted if

the assistance was rendered in a reasonable manner;

(iv) attempting to prevent the commission of a crime; or

(v) a violation of sections 9 or 10 of the District of Columbia Traffic Act (D.C.

Code §§ 50-2201.04 and -2201.05) or a comparable state law regarding driving

violations; and

(5) The claimant was a victim, secondary victim, or a person (not a provider of

services) acting on behalf of a victim or secondary victim.

in a reasonable manner;

(iv) attempting to prevent the commission of a crime; or

(v) a violation of sections 9 or 10 of the District of Columbia Traffic Act (D.C.

Code §§ 50-2201.04 and -2201.05) or a comparable state law regarding driving

violations; and

(5) The claimant was a victim, secondary victim, or a person (not a provider of

services) acting on behalf of a victim or secondary victim.

(b) Factors to be considered in determining the reasonableness of the reporting time shall

include, but are not limited to:

(1) the physical or mental incapacity of the victim;

(2) the age of the victim;

(3) whether the injury to the victim was reasonably discoverable;

(4) the lack of a police report through no fault of the victim; and

(5) the failure or non-cooperation of persons who could reasonably have aided the

victim in filing a report;

A victim who does not report the crime to appropriate law enforcement officials

may satisfy the reporting requirement (1) if he or she has been sexually assaulted, by

seeking a sexual assault examination from a licensed medical treatment facility within a

reasonable time period, (2) if he or she is the victim of domestic violence, by obtaining a

civil protection order or (3) if he or she is the victim of cruelty to children, by the filing of

a neglect petition. If a victim of domestic violence is seeking assistance with temporary

emergency housing and a civil protection order has not yet been issued but a temporary

protection court order has been issued, the temporary protection order may satisfy the

reporting requirement until the civil protection order is issued.

he or she is the victim of cruelty to children, by the filing of

a neglect petition. If a victim of domestic violence is seeking assistance with temporary

emergency housing and a civil protection order has not yet been issued but a temporary

protection court order has been issued, the temporary protection order may satisfy the

reporting requirement until the civil protection order is issued.

(c) An application for assistance may be denied in whole or in part if the Program finds

that:

(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, except that 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.

Reasonable cooperation by the victim may include, but is not limited to, the following:

(A) Providing law enforcement officers with a true and accurate report of the crime;

(B) Participating in the investigation of the crime to assist law enforcement officers

in the identification of a suspect; and

(C) Participating in prosecution procedures, including deposition, grand jury and

trial.

(d) A claimant is not eligible for compensation if:

(1) The claimant/victim knowingly or willingly participated in or aided in the

commission of the crime upon which the claim is based, as determined by evaluation of

the Police Report, except that a secondary victim is not automatically ineligible for

compensation under such circumstances;

rocedures, including deposition, grand jury and

trial.

(d) A claimant is not eligible for compensation if:

(1) The claimant/victim knowingly or willingly participated in or aided in the

commission of the crime upon which the claim is based, as determined by evaluation of

the Police Report, except that a secondary victim is not automatically ineligible for

compensation under such circumstances;

(2) The claimant's/victim's consent, substantial provocation or substantial incitement

caused the injury or death for which compensation is sought. Factors to be considered in

determining consent, substantial provocation, and substantial incitement may include but

are not limited to law enforcement documentation indicating:

(A) Whether charges were filed against the suspect;

(B) Whether the victim attempted to withdraw from the incident;

(C) Whether the victim deliberately provoked the offender by means of fighting

words, racial or other bias-motivated taunting, or by threats coupled with overt actions

indicating the victim’s intent to carry out the threats;

(D) Comparable or reasonable force on the part of the suspect in response to an

action of the victim;

(E) The amount of time from the beginning of the interaction between the victim

and the suspect and the criminal act committed by the suspect;

(F) The age of the victim; and

(G) Comparable size or strength of the victim and suspect.

(e) Gang membership or co-habitation with the offender is not a disqualifying factor

under this rule, unless the claimant would be substantially and unjustly enriched by an

award.

t of time from the beginning of the interaction between the victim

and the suspect and the criminal act committed by the suspect;

(F) The age of the victim; and

(G) Comparable size or strength of the victim and suspect.

(e) Gang membership or co-habitation with the offender is not a disqualifying factor

under this rule, unless the claimant would be substantially and unjustly enriched by an

award.

(f) The award of compensation to the claimant shall not enrich the offender except in

extraordinary circumstances where the interests of justice so require. Factors to be

considered in determining whether an offender will be unjustly enriched shall include,

but are not limited to:

(1) Whether the claimant is cooperating with law enforcement officers in the

investigation and prosecution of the crime;

(2) Whether the offender will have access to the compensation paid to the claimant or

a service provider on behalf of the victim;

(3) The claimant’s familial relationship to the offender; and, or

(4) The presence of the offender in the claimant’s household at the time of the award.