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.

(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.

(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;

(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.

(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.