§ 9010 — Denial of claim; reduction

Delaware § 9010

• Jurisdiction: Delaware
• Title: 11
• Part: Victims of Crimes
• Ch. 90: COMPENSATION FOR INNOCENT VICTIMS OF CRIME

Text

(a) The Agency shall deny payment of a claim for any of the following reasons:

(1) Where the claimant was the perpetrator of the crime on which the claim is based.

(2) Where the victim incurred the personal injury on which the claim is based through collusion with the perpetrator of the crime.

(3) Where the victim refused to give reasonable cooperation to state or local law-enforcement agencies in their efforts to apprehend or convict the perpetrator of the crime in question.

(4) Where the claim has not been filed within 1 year after the personal injury on which the claim in based, unless an extension is granted by the Agency or the Agency, in its discretion, determines that the circumstances render this requirement unreasonable.

(5) Where the victim has failed to report the crime to a law-enforcement agency within 72 hours of its occurrence. This requirement is waived in any of the following circumstances:

a. The crime has been reported to an appropriate governmental agency, such as child or adult protective services or the Family Court.

b. The victim can provide a protection from abuse order.

c. The victim has cooperated with law enforcement or an appropriate government agency in cases of crimes involving domestic violence, sexual assault or abuse.

d. Where the Agency, in its discretion, determines that the circumstances of the crime or the victim render this requirement unreasonable.

(6) Where the victim is injured as a result of that victim’s own suicide or attempted suicide, unless the suicide or attempted suicide is directly related to a prior criminal victimization for which compensation is eligible under this chapter.

(7), (8) [Repealed.]

(b) In determining whether or not to make an award under this chapter, or in determining the amount of any award, the Agency may consider any circumstances it deems to be relevant, including the behavior of the victim which directly or indirectly contributed to injury or death, unless such injury or death resulted from the victim’s lawful attempt to prevent the commission of a crime or to apprehend an offender.

(c) If the victim bears any share of responsibility that caused injury or death, the Agency shall reduce the amount of compensation in accordance with its assessment of the degree of such responsibility attributable to the victim. A claim may be denied or reduced if the victim of the personal injury in question, either through negligence or through wilful and unlawful conduct, substantially provoked or aggravated the incident giving rise to the injury.

(d) In no event may the Agency deny any claim solely because the victim was a child victim of sexual assault or abuse, and the victim either delayed reporting the abuse or assault to authorities or the victim delayed an application for services to mitigate the effects of the impact of sexual assault or abuse.

Legislative History

59 Del. Laws, c. 519, § 1 ; 65 Del. Laws, c. 268, § 3 ; 68 Del. Laws, c. 35, § 2 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 18, §§ 1, 2 ; 72 Del. Laws, c. 460, §§ 9, 20 ; 74 Del. Laws, c. 296, §§ 9-12 ; 76 Del. Laws, c. 360, § 4 ; 77 Del. Laws, c. 193, § 1 ; 78 Del. Laws, c. 103, §§ 3-5 ; 83 Del. Laws, c. 247, § 8