Senate Bill 22 "An act limiting the factors that may be considered in making a crime victims' compensation award in cases of sexual assault or sexual abuse of a minor."
Click for PDF: http://www.akdemocrats.org/sponsor/SB022_ss_sen_guess.pdfWhen the state established Victims' Compensation Board over 20 years ago, it ensured the victim's role in the crime would be considered. For example, if someone started a bar brawl and was hurt, their case could be denied by the Victims' Compensation Board.
The unintended consequence of this language was child abuse and sexual assault victims could be denied funding if the board found them to have contributed to the circumstances of the crime. For example, a victim of sexual assault could be denied because they were drinking the night of their sexual assault.
Implying a victim of sexual assault somehow deserved or played a role in being victimized is in direct opposition to what we believe as a community - a victim of child abuse or sexual assault has not done anything to bring the crime on him or herself.
Toward fixing this unintended consequence, the language of this bill does the following.
· Ensures compensation is not denied based on considerations of provocation, the use of alcohol or drugs, or the prior social history of the victim.
· Retains the current language for compensation criteria for all other crimes.
The victim's compensation board is funded 60 percent by state government and 40 percent by federal government. The 60 percent from the state government comes from garnishing felon's permanent fund dividend checks. Given the nature of the funding mechanism, the fiscal note from the Department of Public Safety will be zero.