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 An Abuse, Rape and Domestic Violence Aid and Resource Collection |
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Why Does He Do That: Inside the Minds of Angry and Controlling Men
The Verbally Abusive Relationship: How to Recognize it and How to Respond
Ditch That Jerk : Dealing With Men Who Control and Hurt Women
I Will Survive: The African-American Guide to Healing from Sexual Assault and Abuse
The Battered Wife: How Christians Confront Family Violence
But I Love Him: Protecting Your Teen Daughter from Controlling, Abusive Dating Relationships
Sexual Assault: Will I Ever Feel Okay Again?
The Wounded Heart: Hope for Adult Victims of Childhood Sexual Abuse
Recognizing Child Abuse: A Guide For The Concerned
Transcending: Reflections of Crime Victims
Controlling People: How to Recognize, Understand, and Deal With People Who Try to Control You
No Visible Wounds : Identifying Non-Physical Abuse of Women by Their Men
Emotional Blackmail: When the People in Your Life Use Fear, Obligation, and Guilt to Manipulate You
Adult Children of
Abusive Parents
Victims No Longer: The Classic Guide for Men Recovering from Sexual Child Abuse
Thou Shalt Not Be
Aware: Society's Betrayal
of the Child
When You Are the Partner of a Rape or Incest Survivor: A Workbook
The Emotionally Abused Woman : Overcoming Destructive Patterns and Reclaiming Yourself
It's My Life Now : Starting Over After an Abusive Relationship
I Never Told Anyone : Writings by Women Survivors of Child Sexual Abuse
When Love Goes Wrong: What to Do When You Can't Do Anything Right
Alaska Resources
[Download: Alaska Crime Victim Handbook (PDF)]
[Download Office for Victims Rights Brochure (PDF)]
- What is a "Victim"?
- Victim Rights in Alaska
- Restitution
- Victim Compensation in Alaska
- Mental Health Counseling Policy
- Victim Compensation Application
- Alaska Statutes: Crime Victim Compensation Board
- Statute of Limitations Information
The term "victim" has a very specific meaning in Alaska's law. The Alaska legislature has defined it very broadly in order to protect not only the person who was the actual and direct target of a crime committed by the person responsible for that act (who is referred to in the law as the "perpetrator"), but also that victim's immediate family. In order to obtain the services of the OVR you must fall within the broad legal definition of the term "victim" found in Alaska statute 12.55.185 (16), which is as follows:
"(16) "Victim" means
(A) a person against whom an offense has been perpetrated;
(B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:
(i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or
(ii) a parent, adult child, guardian, or custodian of the person;
(C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:
(i) a person living in a spousal relationship with the deceased before the deceased died;
(ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or
(iii) any other interested person, as may be designated by a person having authority in law to do so."
General constitutional protections provided in Article I, section 24 of the Alaska constitution to all crime victims:
Section 1.24 - Rights of Crime Victims.
Crime victims, as defined by law, shall have the following rights as provided by law: the right to be reasonably protected from the accused through the imposition of appropriate bail or conditions of release by the court; the right to confer with the prosecution; the right to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process; the right to timely disposition of the case following the arrest of the accused; the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present; the right to be allowed to be heard, upon request, at sentencing, before or after conviction or juvenile adjudication, and at any proceeding where the accused's release from custody is considered; the right to restitution from the accused; and the right to be informed, upon request, of the accused's escape or release from custody before or after conviction or juvenile adjudication.
Rights of crime victims upon initial police contact:
Right to obtain access to immediate medical assistance AS 12.61.010(a)(7);
Transportation to safe house or shelter;
Assistance obtaining a 72-hour protective order AS 18.66.110; AS 18.66.100(c)(1) - (5),(8) - (12),(16);
Ability to participate, upon request, at the defendant's initial appearance before a magistrate when bail conditions are set, AS 12.30.010; AS 12.61.010(a). Must be requested!
Sexual assaults and domestic violence - Medical Concerns:
Council on Domestic Violence and Sexual Assault is established within the Department of Public Safety. The council is to provide for planning and coordination of services, crisis intervention and prevention programs to victims of domestic violence, sexual assault or to their families AS 18.66.010;
Sexual assault victims may not be charged for sexual assault exams AS 18.68.040;
In a crime involving sexual assault where penetration is an element of an offense, a victim may petition the court to order that the defendant submit to a blood test for presence of HIV and other STDs. AS 18.15.300 - 18.15.310 The defendant need not be convicted, the court may order the testing as soon as the defendant is charged by complaint, indictment, presentment, or information filed with a magistrate or court, that alleges a sexual assault involving penetration AS 18.15.300 The court may not order such testing until seven days have passed since arrest nor after a disposition favorable to the defendant; Must be requested!
If the results of a blood test conducted under AS 18.15.300 indicate exposure to or infection by HIV or other sexually transmitted diseases, the victim is entitled to free counseling, testing and referral to appropriate health care facilities and support services at the request of the victim AS 18.15.310(h); Must be requested!
Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged AS 18.66.200 - 18.66.250; AS 12.45.049.
Protective orders for crime victims:
A victim of a crime involving domestic violence may file a petition for a protective order against a household member. A parent, guardian, or other representative may file a petition for a protective order on behalf of a minor AS 18.66.100;
A certified copy of an unexpired protective order issued in another jurisdiction and filed with the clerk of court in any judicial district in this state, has the same effect and must be enforced in the same manner as a protective order issued by a court of this state AS 18.66.140. Must be requested!
Privacy rights of crime victims:
In a crime involving kidnapping, sexual assault, sexual assault of a minor, or indecent exposure, the name of a victim is not public record and may not be used in court documents, instead the victim's initials will be used AS 12.61.140;
The residence and business addresses and telephone numbers of a victim of a crime or witness to a crime are confidential AS 12.61.110; AS 12.61.120(a); AS 12.61.130(a);
Victims are not required to speak with defense counsel and may request the presence of a prosecuting attorney or other person present during an interview AS 12.61.120(c); Must be requested!
If a victim agrees to be interviewed by the defense, the interview may not be recorded unless the victim gives permission to record the interview and a copy of the tape is furnished to the victim upon request. If the victim is a minor, the parent or guardian must provide written consent prior to the interview even if the interview is not recorded AS 12.61.120; AS 12.61.125;
Applications to the Violent Crimes Compensation Board are confidential AS 18.67.030(c).
Bail review rights of crime victims:
Notice of hearings where the accused's release is considered, the right to be present and to be heard Article I, sec 24; AS 12.61.010(a)(2);
Court must consider the victim's comments in making the decision to release a defendant in domestic violence cases AS 12.30.027; in sexual assault cases AS 12.30.029(c)(2);
Victim's safety should be specifically considered before releasing the accused in a stalking non-DV, AS 12.30.025; in domestic violence, AS 12.30.027(a); in sexual assault AS 12.30.029(a) This includes an order prohibiting the defendant from having contact with the victim;
Notice of cancellation of a hearing or court proceeding at which the victim has been subpoenaed to testify AS 12.61.010(a)(3);
Receive a copy of the conditions of release when a prisoner charged with a domestic violence offense is released from custody (from correctional facility AS 12.30.027(d)(1); by other arresting authority AS 12.30.027(d)(2));
Victims should receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts and be provided with information regarding the protection available AS 12.61.010(a)(4) This can include protection orders, assistance in obtaining personal belongings; transportation to a safe home or shelter, assistance in obtaining medical treatment.
An automated phone service (VINE) is established to provide crime victims with notice by telephone when there is a change in the status of their offender. The system must also allow crime victims to initiate telephone calls to the system to receive the latest status report for their offender AS 12.61.050.
Crime victims' rights at trial:
Victims shall be notified of the date and time of trial and have a right to be present at all hearings and court proceedings where the defendant has a right to be present AS 12.61.010;
If a victim of a felony or domestic violence crime requests, the prosecutor should confer with the victim regarding trial testimony AS 12.61.015; Must be requested!
A victim cannot be compelled to submit to a psychiatric evaluation unless the victim's psychiatric or psychological condition is an element of the offense charged; or the victim suffers from a continuing psychological or psychiatric condition that resulted from the offense charged. AS 12.45.042;
Evidence of past sexual conduct inadmissible absent a specific finding of relevance by the court AS 12.45.045(a);
An employer may not penalize or threaten to penalize a victim because the victim is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony AS 12.61.017.
Proceedings relating to psychiatric commitment of the accused:
Notice shall be provided if an offender is committed to the custody of the Department of Health and Social Services; notice shall be given of any pending or actual change in status. AS 12.47.095 (1)-(5) Victim may request notice by providing address information to DHSS AS 12.47.095(b);
Any victim given notice of a proposed change in commitment status of an offender has the right to submit a written statement, or to appear personally before the court. AS 12.47.095(e);
Notice regarding a finding of not guilty by reason of insanity AS 12.61.010(a)(11);
Notice upon request, of hearings relating to special medical parole AS 12.61.010(a)(12); AS 33.16.087 Victim may request notice by providing address information to Parole Board.
Sentencing:
The court may not mitigate or reduce the punishment of the defendant based on the failure of the crime victim to appear or testify AS 12.55.151;
Prosecutors, if requested, shall notify the victim of sentencing agreement and before accepting a negotiated agreement. The court shall determine that the victim has not been intimidated or coerced in reaching the agreement AS 12.55.011;
In crimes of domestic violence, the prosecutor shall, upon request, confer with the victim about proposed plea agreements prior to acceptance AS 12.61.015(a)(4);
As part of the pre-sentence report prepared for felony offenders, the probation officer shall prepare a victim impact statement reporting any financial, emotional, and medical effects of the offense on the victim; the need of the victim for restitution; and any other information required by the court AS 12.55.022;
The prosecutor shall, upon request, provide the victim with the address and phone number of the office preparing the pre-sentence report AS 12.61.015(a)(2)(C);
Prior to sentencing, the prosecutor shall, upon request, provide the victim with portions of the pre-sentence report outlining the summary of the offense prepared by DOC; the defendant's version of the offense; all statements and summaries of statements of the victim; and the sentence recommendation of the DOC. AS 12.55.023(a)(1)-(4);
A victim may submit to the sentencing court a written statement that the victim believes is relevant to the sentencing decision and may give an oral presentation to the court at the sentencing hearing. If the victim declines to make a statement, the victims' advocate may submit a written statement or oral presentation at the sentencing hearing on behalf of the victim AS 12.55.023(b);
In a felony sentencing, the victims may make a written or oral statement for use in preparation of the pre-sentence report AS 12.61.010(a)(9);
In a conviction for a felony offense, the court shall specifically make a finding regarding financial, emotional, and medical effects of the offense on the victim; the need of the victim for restitution AS 12.55.025(a)(5)(A)-(B);
Victims may address the three-judge sentencing panel if the panel chooses to supplement the record AS 12.55.175(b).
Restitution rights of crime victims:
Public policy favors requiring criminals to compensate their victims for injuries and damages sustained AS 12.55.045(a)(1);
Restitution is not limited to a criminal court award, victims may also seek restitution in civil court proceedings AS 12.55.045(b);
Restoration of the victim shall be specifically considered as part of the sentencing criteria AS 12.55.005(7);
Information regarding violent crimes compensation and the procedure for applying for such aid under AS 18.67 should be given to the victim AS 12.61.010(a)(5); AS 18.67.175.
Post sentencing crime victims' rights:
Prosecuting entity, if requested, shall notify the victim of a felony or domestic violence crime, in writing of the final disposition of the case within 30 days after final disposition of the case AS 12.61.015(a)(3);
Notice of an appeal by prosecuting entity if requested by victim in felony or domestic violence crime AS 12.61.010(a)(2);
Notification if the offender escapes from custody or is released to the community on a furlough, on an early release program, or for any other reason AS 12.61.010 (a)(14); AS 33.30.013 Automatic in domestic violence crimes; upon request in other crimes AS 33.30.013(b) Requires victim to keep address on file with DOC;
After conviction, the victim is entitled to be informed by the prosecutor about the defendant's complete conviction history AS 12.61.010(a)(10);
Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of the offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay the victim's restitution claims first, the remainder of the monies go to the state AS 12.61.020.
Post sentencing - modifications:
Victims are entitled to address the court presiding over a prisoner's motion to modify or reduce their sentence AS 12.55.088(d) Victim may request notice by providing address information to DOC AS 12.55.088(h);Must be requested
Department of Corrections shall send the victim a copy of any motions to modify or reduce sentence and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address. AS 12.55.088(e) Victims must maintain updated address information with DOC AS 12.55.088(h);
Notification of hearings to consider or review discretionary parole of the defendant AS 12.61.010(a)(13); AS 33.16.120. Victim must maintain address information with DOC and Parole Board;
Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family AS 12.55.101(a) The court may also impose any other condition necessary to protect the victim and any members of the victim's family or to rehabilitate the defendant AS 12.55.101(a)(3).
Public Records-exception for crime victims:
Alaska statute 40.25.120(a), Alaska's public records law, provides in pertinent part: "Every person has a right to inspect a public record in the state, including public records in recorders' offices, except
(6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
(C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;"
State of Alaska Office of Victims' Rights
Stephen E. Branchflower, Director
1007 West 3rd Avenue, Suite 205
Anchorage, Alaska 99501-1936
Phone: 907-272-2620
Toll free within Alaska: 866-274-2620
Fax: 907-272-2640
Email: officeofvictimsrights@legis.state.ak.us
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If the restitution judgment does not fit within the judgments that they can help you collect, you may collect the judgment on your own. You should consider speaking with a private attorney about the collection process. In addition, the court system has a booklet and forms for creditors to use to collect judgments on their own.
Restitution judgments that meet the requirements mentioned above are sent to the collections unit automatically. You do not need to request services or send anything in order for them to collect for you. Once they receive the judgment, they will contact you to explain their services. However, you are not required to have them collect the restitution for you. If you prefer, you may collect the restitution judgment without assistance. You must inform them if you prefer to collect the restitution judgment yourself. If they do not hear from you, they will assume that you want them to collect the judgment for you.
The collection services include sending demand letters, processing voluntary payments, and seizing permanent fund dividends if the defendant is eligible for the dividend and the dividend is not claimed by a creditor with higher priority. Depending on the amount of the judgment and the potential collection costs, collection services may also include seizing money from bank accounts, garnishing wages, and recording judgment liens. There is no guarantee when, or if, collection efforts will be successful. The collections unit will decide what collection efforts will be made. That decision may depend on their available resources. Also, although you may be entitled to interest on the restitution judgment, the collections unit will not collect interest on the judgment.
If you have any questions about this program, you may call the Victim Restitution line, 1-800-580-5205, or contact the collections unit at (907) 269-5205 or by mail at
Collections Unit
Alaska Department of Law
1031 West 4th Avenue, Suite 200
Anchorage, AK 99501.
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The Violent Crimes Compensation Board was established in 1972 by the Alaskan Legislature to help bring financial relief to innocent victims of violent crimes in Alaska.
Who Can Get Help?
VICTIMS who have been physically or emotionally injured in a violent crime in Alaska.
VICTIMS of drunk drivers or when a car is used as a deadly weapon.
SURVIVORS of a homicide victim.
The board may order the payment of compensation in accordance with the provisions of this chapter for personal injury or death that resulted from
(1) an attempt on the part of the applicant to prevent the commission of crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police officer to do so, or aiding a victim of crime; or
(2) the commission or attempt on the part of one other than the applicant to commit any of the following offenses:
- murder in any degree;
- manslaughter;
- criminally negligent homicide;
- assault in any degree;
- kidnapping;
- sexual assault in any degree;
- sexual abuse of a minor;
- robbery in any degree;
- threats to do bodily harm; or
- driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance.
What is the Process?
You must report the crime to local law enforcement within (5) days, unless there is an explanation why you could not.
You must file an application with the program within (2) years from the date of the crime.
You must cooperate with the reasonable request of law enforcement officers in their investigation and prosecution of the crime.
The victim must NOT have caused or contributed to his/her injury or death by violation of a state law or by the victim's own behavior.
How Long Will It Take?
It can take 3 to 6 months to determine if you can be helped by the program. Payments will be made when all required information is received and the claim is approved.
Emergency Awards
Emergency compensation in an amount up to $1500.00 may be awarded immediately after a crime for living expenses when the victim is injured and cannot continue working.
What Costs May Be Paid?
- Medical care needed for victim's injuries.
- Crime victim related counseling.
- Wages lost by the victim due to crime related injuries (including vacation time used).
- Loss of support for dependents of deceased victims.
- Funeral and burial costs for homicide victims (up to $5,000.00).
- You can NOT be paid for property loss or repair, or pain and suffering. (You'll need to file a civil suit for this.)
- You can NOT be paid for costs compensated under Workers' Compensation or another State or Federal program.
How Do I Get Help?
Complete the application and return it to the Compensation Board.
Your application will be reviewed and you may be asked for more information.
Applications also available by calling 1-800-764-3040 or
465-3040 in Juneau.
Completed applications should be mailed to the address below:
Violent Crimes Compensation Board
P.O. Box 110230
Juneau, Alaska 99811-0230
Due to budgetary constraints the Board must limit the payment of counceling costs to $100.00 or less per session.
Based on AS. 18.67, when all other eligibility requirements have been met, the Violent Crimes Compensation Board may award the primary victim up to 26 mental health counseling sessions from the date of the first treatment at a cost up to $2,600.00 (plus travel costs where required). The program is to be billed monthly.
Based on AS. 18.67, when all other eligibility requirements have been met, the Violent Crimes Compensation Board may award the secondary victim up to 6 mental health counseling sessions from the date of the first treatment at a cost up to $600.00 (plus travel costs where required). The program to be billed once.
Based on AS. 18.67, when all other eligibility requirements have been met, the Violent Crimes Compensation Board may award the custodial parent of a SAM victim up to 12 mental health counseling sessions from the date of the first treatment at a cost up to $1,200.00 (plus travel costs where required). The program to be billed monthly.
Based on AS. 18.67, when all other eligibility requirements have been met, the Violent Crimes Compensation Board may award the immediate family members of a Homicide victim up to 12 mental health counseling sessions from the date of the first treatment at a cost up to $1,200.00 (plus travel costs where required). The program to be billed monthly.
Based on AS. 18.67, when all other eligibility requirements have been met, the Violent Crimes Compensation Board may award any victim or any person who by virtue of their relationship to a victim may require counseling up to 6 mental health counseling sessions from the date of the first treatment at a cost up to $600.00 (plus travel costs where required). The program to be billed monthly.
Mental Health Treatment Guidelines
The Violent Crimes Compensation Board has adopted treatment guidelines to assist and educate mental health treatment providers. The guidelines are available in printed form by calling the Board offices at 800-764-3040 or at 465-3040 in Juneau.
Sexual Assault and Child Sexual Assault
Under Alaska Statutes Title 9 Code of Civil Procedure, Chapter 10 Limitations of Actions (09.10.060), "a person may bring an action at any time for the following acts:
(1) felony sexual abuse of a minor; or
(2) felony sexual assault.
This means that there is no statute of limitations for felony sexual abuse. (Under Chapter 41, first, second and third degree sexual assault or child abuse are classified as felonies.)
AS 09.10.140. Disabilities of Minority and Incompetency.
(a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.
(b) An action based on a claim of sexual abuse under AS 09.55.650 may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances:
(1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;
(2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff's first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff's discovery of the effect of the series of acts.
(c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person's eighth birthday is not a part of the time limit imposed under AS 09.10.070 (a) for commencing the civil action.
Assault, Battery, False Imprisonment, Personal Injury
AS 09.10.070. Actions For Torts, For Injury to Personal Property, For Certain Statutory Liabilities, and Against Peace Officers and Coroners to Be Brought in Two Years.
(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.
Other
Statutes of limitations can reach six years for trespass or up to 10 years for other actions. If in doubt, contact an attorney or your local Legal Aid Society.
