Go To:
Next Section
Previous Section
Chapter Table of Contents
MGL Search Page
General Court Home
Mass.gov


PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

TITLE IV. CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES

CHAPTER 258C. COMPENSATION OF VICTIMS OF VIOLENT CRIMES

Chapter 258C: Section 2. Eligibility for compensation

Section 2. (a) No compensation shall be paid under this chapter unless the division finds that a crime was committed and that such crime directly resulted in personal physical or psychological injury to, or death of, the victim.

(b) No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the division finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime.

(c) A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim was injured or killed unless the claimant demonstrates that he possesses or possessed a reasonable excuse for failing to cooperate.

(d) A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to regulations enacted in accordance with section four to prevent unjust enrichment, be denied compensation because of such claimant’s or victim’s familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender.

(e) An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim’s acts or conduct provoked or contributed to the injuries, the division shall reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four.

(f) No compensation shall be paid unless the claimant, or an individual for whose benefit a claim is made, has incurred actual out-of-pocket loss of at least one hundred dollars or has lost two continuous weeks of earnings or support or liability for compensable expenses as a direct result of the injury to or death of a victim. The foregoing provision shall not apply to a claimant who was over sixty years of age on the date of the alleged crime or was the victim of rape.

(g) The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorneys fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The division may include as part of its award, reasonable attorneys fees to be determined by the division in an amount not to exceed fifteen percent of the total award for compensation.