Your Guide to Victim Compensation and Restitution in Sexual Assault Cases

Surviving a sexual assault changes everything. The emotional toll is heavy, and there’s another side to recovery people don’t always talk about – the financial costs. Hospital bills, therapy sessions, lost wages. Sometimes even moving expenses. It can feel like an impossible weight.

But here’s something many survivors don’t realize: financial help exists. In California, two key options are victim compensation and restitution. They sound similar, but they work in different ways. One helps no matter what (upon review of your case). The other depends on the legal system. Understanding both can make a real difference.

Victim compensation vs. restitution: what’s the difference?

People mix these up all the time, but they’re not the same thing:

• Victim compensation is a state-funded program that helps survivors of violent crimes, including sexual assault. It’s available even if no one is arrested or convicted.
• Restitution is money the offender is ordered to pay if convicted. It’s meant to cover specific losses caused by the crime. Restitution may include direct payments to survivors to cover their actual losses (separate from restitution fines, which are paid into the state’s restitution fund and do not go directly to victims).

Victim compensation is there no matter what. Restitution? That depends on a guilty verdict. Some survivors qualify for both.

How victim compensation works

California’s victim compensation program is run by the California Victim Compensation Board (CalVCB). You don’t necessarily need a police report to apply, but there are eligibility requirements. The goal? To help survivors get back on their feet financially without waiting for a conviction.

So, what does it cover? Quite a bit. But it will not pay for stolen property or “pain and suffering.”

What expenses does victim compensation cover?

CalVCB may reimburse survivors for the following:

• Medical and mental health care: ER visits, follow-ups, and therapy. Forensic exams (rape kits) are always free in California.
• Lost wages: If the assault caused you to miss work due to trauma or treatment, you may qualify for reimbursement.
• Relocation assistance: If safety concerns require you to move, financial help may be available.
• Crime scene cleanup: If the assault happened in your home or your car, this could be covered.
• Childcare and transportation: If you need to pay extra for childcare or travel to medical and legal appointments, you might get reimbursed.
• Funeral and burial costs: Families of homicide victims can apply for financial assistance.

Limits apply, and every case is different. A full breakdown of covered expenses is at https://victims.ca.gov/for-victims/.

How to apply for victim compensation

The process isn’t as complicated as you might think:

1. Check eligibility: You must be a victim of a qualifying crime, like sexual assault, domestic violence, or human trafficking. Some family members may also qualify.
2. Gather documents: This includes medical records, bills, pay stubs, receipts, and police reports (if you have one). A statement from a therapist, doctor, or advocate may work.
3. Apply online: You can do this at https://online.victims.ca.gov/Home/ApplicantInfo or through a victim advocate.
4. Wait for review: It can take weeks or months. If more information is needed, they’ll reach out.
5. Receive compensation: If approved, payments usually go straight to service providers, but sometimes they go to you.

Deadlines matter. Generally, you need to apply within seven years of the crime or seven years after turning 21 if you were a minor at the time. Exceptions exist for certain cases.

Restitution: what it covers and how it works

Restitution is different from compensation. Instead of coming from the state, it’s court-ordered money that the offender has to pay if convicted. It covers:

• Medical expenses.
• Lost wages.
• Property damage (unlike victim compensation, restitution can cover stolen or damaged possessions).
• Other financial losses directly tied to the crime.

In California, restitution is mandatory in criminal cases. But actually getting the money can be tough. Many convicted offenders don’t have the means to pay, and collecting it takes time. The California Department of Corrections and Rehabilitation handles restitution payments.

Other ways to get financial help

Victim compensation and restitution aren’t the only options. Survivors of sexual assault may also consider:

• Civil lawsuits: You can sue the perpetrator or, in some cases, a third party (like a business or institution) for damages.
• Nonprofit grants: Organizations like RAINN and CALCASA sometimes offer emergency funds.
• Employment protections: Some survivors qualify for job-protected unpaid leave from work under the California Family Rights Act (CFRA) and may be able to use accrued sick or vacation time for income during this period.

Exploring these additional options can provide survivors with crucial financial support and legal recourse beyond traditional compensation and restitution.

What should you do next?

Feeling overwhelmed? That’s normal. The financial recovery process can feel just as frustrating as the emotional one. But you don’t have to handle it alone.

A victim advocate, sexual assault lawyer, or support organization can walk you through the process. Consider reaching out to:

• CalVCB for victim compensation.
• National Center for Victims of Crime for experienced guidance.
• Legal aid organizations that help with victims’ rights.

Getting financial help isn’t just about money – it’s about taking back control and ensuring you can focus on recovery.

Moving forward

No one should have to deal with the financial fallout of an assault alone. If you need help, it’s there. California’s victim compensation program and restitution laws exist to ease the burden.

Healing takes time. Financial stability can be part of that process. If you or someone you care about needs guidance on victim compensation or restitution in sexual assault cases, take that first step today. Contact the lawyers at Taylor & Ring for help. Call us or use our contact form to schedule a free consultation.

You are not alone.