Disqualifications and reductions. (a) The Court shall not award compensation if the: (1) Claimant knowingly or willingly participated in the commission of the crime which forms the basis for the claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or (2) Injury or death for which compensation is sought was caused by the victim’s consent, substantial provocation, or substantial incitement. (b) An application for assistance may be denied, in whole or in part, if the Court finds: (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)(A) The victim failed to reasonably cooperate with law enforcement; and (B) The victim's cooperation was not impacted by the factors described in § 4-506(c). (c) Notwithstanding subsections (a) and (b) of this section, if the victim is found to have willingly or knowingly participated, consented, provoked, or incited the crime, a secondary victim is not automatically precluded from compensation. b) of this section, if the victim is found to have willingly or knowingly participated, consented, provoked, or incited the crime, a secondary victim is not automatically precluded from compensation. (d) Gang membership or co-habitation with the offender is not considered a disqualifying factor under subsections (a) or (b) of this section, unless the claimant will be substantially and unjustly enriched by the award. (Apr. 9, 1997, D.C. Law 11-243, § 9, 44 DCR 1142; Oct. 23, 2010, D.C. Law 18-239, § 201(b), 57 DCR 5405; Apr. 6, 2023, D.C. Law 24-341, § 102(h), 69 DCR 14698.) Prior Codifications 1981 Ed., § 3-428. Effect of Amendments D.C. Law 18-239, in subsec. (a)(1), substituted 'claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or' for 'claim; or'. Emergency Legislation See note to § 4-501.
District of Columbia Legal Code