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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
The Emotionally Abusive Relationship : How to Stop Being Abused and How to Stop Abusing
When Dad Hurts Mom: Helping Your Children Heal the Wounds of Witnessing Abuse
Angry Men And The Women Who Love Them: Breaking The Cycle Of Physical And Emotional Abuse
The Abusive Personality: Violence and Control in Intimate Relationships
Beauty Restored: Finding Life and Hope after Date Rape
Arkansas Resources
- Arkansas Victim Rights Law- Other Related Laws in Arkansas
- Victim Impact Statements
- Victim Services VINE Program
- Victim Advocacy and Services
- Restitution to Victims
- Crime Victim Reparations Program
- Mental Health Program Information
- Sexual Assault Victim Reimbursement
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The Arkansas Crime Victim Rights Law became effective on January 1, 1998. This law mandates certain basic rights for people victimized by crime. The law does not apply to all crimes, but only certain crimes and certain victims, including:
- a victim who is a minor
- a victim of a sex offense
- a victim of any felony resulting in physical injury to the victim
- a victim of any felony involving the use of a deadly weapon
- a victim of terroristic threatening in the first degree
- a victim of stalking
If the victim is a minor, incapacitated, or deceased, a member of the victim’s family may exercise the rights of the victim.
The Crime Victim Rights Law protects information about victims. A court cannot compel a victim to give his or her address or place of employment in open court, except when the court decides it is essential to the case. Law enforcement agencies cannot disclose information to the public about the identity of the victim of a sex crime except under limited circumstances. The address and telephone number of the Victim is also protected from release under the Freedom of Information Act.
When property of the victim is seized and used as evidence, the agency holding the property must take reasonable care of the property and promptly return it to the victim when it is no longer needed as evidence.
Employers cannot discharge or discipline a victim of crime for assisting the prosecutor in preparing the case or for attending court if it reasonably protects the interests of the victim.
Law enforcement agencies responding to crime incidents are required to inform victims in writing of their rights under this law. Officers must inform victims of the availability of services such as medical, housing, counseling, financial, social, legal, and emergency services. In addition, officers must inform victims about how to obtain orders of protection, how to access public records related to the case, and about the Arkansas Crime Victims Reparations Board (including the address and phone number).
As soon as it becomes practical, law enforcement officials must inform the victim of the suspect’s identity and if he or she is in custody, unless this information compromises the investigation. Victims also have the right to know the case file number, the name and telephone number of the investigating officer, and the name and telephone number of the prosecuting attorney.
Pre-sentence Report: A pre-sentence report is a detailed account of a convicted defendant’s educational, criminal, family, and social background conducted as an aid to the court in determining the sentence. The person preparing the pre-sentence report for the court shall make a reasonable effort to meet with the victim.
Presence in Court - Victims of crime have the right to be present in court whenever the defendant appears, other than at a grand jury proceeding. If the victim requests, the court shall also allow the presence of a person to provide support for the victim in the courtroom. However, if the court decides that the presence or the presence of the support person may jeopardize the defendant’s right to a fair trial, the court can exclude either or both of them.
Information from Prosecuting Attorney - If requested by a victim, prosecuting attorneys are responsible for notifying crime victims of critical events occurring in their cases. This notification can be given orally, in writing, or automatically through the Arkansas VINE system. Victims are responsible for giving the prosecutor’s office their address and phone number, and for updating this information if it changes.
Upon request of a victim or the victim’s family, prosecutors are to notify victims of the following events and rights:
- Motions or hearings to establish bail or authorize pre-trial release from custody
- Proceedings on plea agreements
- Date, time, and place of defendant’s trial
- Motions that may substantially delay prosecution
- Cancellation of court proceedings
- Pre-sentence report preparation
- Victim impact statement information
- All sentencing proceedings
- Information from custody institutions
Prosecuting attorneys must confer with the victim of the crime before amending or dismissing a charge or agreeing to a negotiated plea. However, failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement.
Prosecuting Attorneys or Victim Assistance Coordinators must provide the following services to victims:
- Assistance in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts
- Assistance in applying for financial aid and other social services
- Assistance in applying for witness fees
- When possible, a secure waiting area during court proceedings that does not require victims to be in close proximity to the defendant and family and friends of the defendant
- Involvement with the victims’ employers to ensure that they cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances
Information Concerning Appeal - If the defendant appeals, the Attorney General will inform the victim of that fact, of the date, time, and place of any hearing, and of the decision. These notifications may be accomplished through the Arkansas VINE system.
Information Concerning Confinement - In order to receive information from custody institutions, victims must request that they be notified. The Crime Victim Rights Law requires the Arkansas Department of Correction, the Arkansas State Hospital, and any other facility to which the defendant is committed to notify victims of the following:
- Estimated date of the defendant’s release
- Date of Release of the defendant on furlough or to a work-release, half-way house, or other community program at least 30 days in advance of the release
- Escape
- Recapture from escape
- Decision of the Governor to commute the sentence or to pardon the defendant
- Release of defendant and any conditions attached to the release of the defendant
- Death of the defendant during confinement
Information from the Post Prison Transfer Board - At least 30 days before a hearing, if requested by the victim, the Board shall inform the victim of the hearing and of the victim’s right to submit a Victim Impact Statement. The Board shall also inform the victim of their decision concerning the defendant. The law requires the Board to consider the Victim Impact Statement before determining whether to release the defendant on parole.
The victim can choose to present the statement orally at the parole hearing or in writing. Because defendants may become eligible for parole every year, under certain circumstances victims may offer impact testimony via videotape. The Board is required by law to provide the defendant with copies of the victim’s written impact statement.
It is the responsibility of the victim, or his or her next of kin, to notify the Board of any change in regard to the desire to be notified of any future parole hearings, or change in address or telephone number.
§ 5-4-607 -- Application for executive clemency -- Regulations. - notice requirement
§ 12-12-914 -- Notice of release
§ 12-29-601 -- Compensatory damages paid to satisfy restitution orders
Title 16, Subtitle 6, Chapter 90, Subchapter 3 - Restitution to victims § 16-90-301 -- Legislative determination
§ 16-90-307 -- Restitution fund
§ 16-90-308 -- Proceeds from sale of rights arising from criminal act
Title 16, Subtitle 6, Chapter 90, Subchapter 11 - Rights Of Victims Of Crime
§ 16-90-1101 -- Definitions
§ 16-90-1102 -- Compliance with subchapter
§ 16-90-1103 -- Presence at court proceedings
§ 16-90-1104 -- Nondisclosure of information about victim
§ 16-90-1105 -- Limitations on employer
§ 16-90-1106 -- Prompt return of property
§ 16-90-1107 -- Information from law enforcement agencies
§ 16-90-1108 -- Information concerning appeal or post-conviction remedies
§ 16-90-1109 -- Information concerning confinement
§ 16-90-1110 -- General requirements for information
§ 16-90-1111 -- Presentence report
§ 16-90-1112 -- Victim impact statement
§ 16-90-1113 -- Consideration of victim impact statement at parole hearing
§ 16-90-1114 -- Derivative rights of member of victim’s family
§ 16-90-1115 -- Duty to provide information or notice
§ 16-93-204 -- Executive clemency (notice requirement)
The Arkansas Crime Victim Rights Law guarantees the right for victims of crime to prepare and present a Victim Impact Statement. The law also requires the court to consider the victim’s statement. Impact statements are presented in the sentencing phase of trials and in Post Prison Transfer Board hearings.
Victim Impact Statement forms are provided for both adult and child victims, as well as for the parents of child victims. Victims may wish to use them as an example for drafting their own, but are in no way required to use these forms. If a parent chooses to allow their child to participate, the impact statement allows the child to tell the court in his or her own words, or by drawing a picture, how this crime has changed his or her life.
The Victim Impact Statement allows a victim to provide information on the following:
- Emotional and psychological impact of the crime
- Physical effects of the crime
- Effect of the crime on his or her ability to work or do any of the things he or she would normally do, such as going to work or school, running a household, or any other activities he or she would normally perform
- Financial impact experienced as a result of the crime
When describing the financial impact of the crime, it is important to be as clear, complete, and accurate as possible. The prosecutor, the probation officer, and the judge will rely on the information provided. Information regarding the financial impact may prove useful in the judge’s decision to order payment of restitution. Restitution is the possibility of monetary payments made by the defendant to the victim in order to compensate the victim for financial losses resulting from the crime. If restitution is ordered, there is no guarantee the defendant will pay the entire amount.
Victims may also be eligible for financial assistance from the Crime Victim Reparations Board. This program reimburses victims for certain types of out-of-pocket expenses related to physical or emotional trauma as a direct result of a criminal act (See the Crime Victims Reparation Board section of this guide).
Oral statements may be presented with agreement of the prosecuting attorney. This statement can be very useful to the judge in determining the proper sentence to impose. A victim may NOT, however, include his or her opinion of the defendant, or of the sentence that should be imposed. Submission of a Victim Impact Statement is voluntary.
A written Victim Impact Statement may be useful if a plea is taken and/or the victim is unable to appear in court. The statement may also assist the prosecutor and victim witness coordinator in the preparation of actual victim testimony for trial. Only evidence or arguement concerning a victim’s personal characteristics or the impact of the crime on the victim’s family and community are allowed.
The Victim Impact Statement, once submitted, will become an official court document and part of the permanent file. The defendant and the defendant’s attorney have access to the victim’s statement. Victims’ addresses and telephone numbers do NOT appear on these documents and are protected from Freedom of Information Act requests.
VINE is a free automated telephone hotline that provides crime victims with vital information and notification 24 hours a day, 365 days a year. The service allows victims to obtain inmate information and to register for notification of inmate release and court dates.
VINE serves crime victims in two ways. First, it can be used as an information line. The system monitors the custody status of criminal offenders in the Arkansas Department of Correction, the Arkansas State Hospital, and county jail facilities statewide. Crime victims calling the hotline are informed about whether an offender is in custody. If the offender is in custody, the system tells the victim the name and telephone number of the agency holding the inmate.
Court information is also available through VINE. Prosecuting attorneys throughout the state enter circuit court event information into the system. The Attorney General’s Office provides appellate court information to the system. In order to obtain court information, a victim must first have the circuit court case number. The prosecuting attorney’s office handling the case or the county clerk’s office can provide the number. Once the circuit court case number is identified, the system will give callers the next scheduled court event, date, time, court location, and telephone number.
The second way the system serves crime victims is notification. By dialing the hotline number, victims can register to receive automatic notification upon a change in the inmate’s custody status or court case.
To register for notification, a victim can call the toll-free hotline number (1-800-510-0415). The offender or court case can be located using a touch-tone telephone and following the directions given. Once location is made, the telephone number to which victims want the system to call with notifications is entered. Victims are then asked to enter a Personal Identification Number (PIN). This is a four-digit number the victim chooses and uses to stop a notification when it is received. If victims have problems registering or obtaining information through the system, they can press "0" and a live operator will assist them 24 hours a day.
Once registered, notification calls are made by the system approximately every 30 minutes for 24 hours or until the victim enters the PIN. The system will also leave a message on an answering machine.
All telephone registrations through the Arkansas VINE Program are anonymous and are protected from the Freedom of Information Act.
Arkansas Crime Information Center
One Capitol Mall
Little Rock, AR 72201
501-682-2222
All 28 judicial districts in Arkansas operate prosecutor-based victim assistance programs. Within the past few years, these programs have expanded to include local police departments and municipalities.
Ideally, victim assistance is notified and meets with victims at the scene of the crime, hospital, or police station. Victim assistance providers are well trained and can explain criminal justice procedures to crime victims during this emotional and difficult time. They can also assist in obtaining emergency items such as clothing and personal care items for victims.
Victim assistance programs also provide victim advocacy. They assist victims in obtaining Orders of Protection to protect them from their attackers, make community service referrals for crime victims, and provide letters to employers and school authorities explaining the need for victim court appearances.
Often it is the responsibility of victim assistance programs to notify crime victims of critical events occurring in their cases. While the Arkansas VINE Program provides automated notification calls to registered crime victims, victim witness coordinators explain what those notifications actually mean in the criminal justice process.
In order to protect victims during the court process, victim advocates can provide court escorts and transportation. When possible, they provide a secure waiting area during court proceedings that does not require the victim to be in close proximity to the defendant, the defendant’s family, or the defendant’s friends.
Another aspect of victim advocacy provided by victim assistance programs is helping victims obtain possible restitution from the defendant. Victim assistance providers can explain the process and complete the restitution report, attach necessary supporting documentation, and file it with the court.
Victim assistance providers are required to inform victims about the Arkansas Crime Victims Reparation Board and provide application forms. They also assist victims in completing and submitting the form.
Most of all victim assistance providers help crime victims through the court process. They help victims prepare for court and, if appropriate, help victims prepare to testify as witnesses or help prepare victim impact statements. They can also provide specialized care for child victims.
Office of the Prosecutor Coordinator
323 Center Street, Suite 750
Little Rock, AR 72201
501-682-3671
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The sentencing authority, whether the trial court or a jury, shall make a determination of actual economic loss caused to a victim by the crime. When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(i) Pay the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(ii) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(iii)(a) Reimburse the victim for income lost by the victim as a result of the offense. The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(iv) In the case of an offense which resulted in bodily injury that also resulted in the death of a victim, pay an amount equal to the cost of necessary funeral and related services.
When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense. The amount may be decided by agreement between a defendant and the victim represented by the prosecuting attorney.
A defendant cannot have their criminal record expunged under § 16-90-901 et seq. until all court-ordered restitution has been paid. Restitution shall be made immediately, unless prior to the imposition of sentence the court determines that the defendant should be given a specified time to pay or should be allowed to pay in specified installments.
In determining the method of payment, the court shall take into account the financial resources of the defendant and the burden that payment of restitution will impose with regard to the other obligations of the defendant; the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and tthe rehabilitative effect on the defendant of the payment of restitution and the method of payment. If the defendant is placed on probation or any form of conditional release, any restitution ordered under this section shall be a condition of the suspended imposition of sentence, probation, parole, or transfer. The court may revoke probation and any agency establishing conditions of release may revoke such release if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order.
Even if a court orders restitution, a victim can still sue an offender in civil court for additional damages including pain and suffering and loss of property.
The Arkansas Legislature created the "Arkansas Crime Victims Reparations Act" when they passed Act 817 in 1987. The legislation provides a method of compensating and assisting victims and their dependents that have suffered personal injury or death as the result of a violent crime, including DWI and hit and run incidents that are a violation of A.C.A 27-53-10.
Where does the money come from?One of the most positive aspects of the Arkansas Crime Victims Reparations Program is that a portion of the funding comes from individuals who commit crimes. A major source of revenue for the program is the assessment of court costs and fees. The program also receives money through the federal Victims of Crime Act as well as the court-ordered restitution collected from criminals.
Who can file a claim?
a. a victim;
b. a dependent of a homicide victim; or
c. an authorized person acting on behalf of one of the above.
Who qualifies as a victim?
a. a person suffering personal injury or death as the result of a criminal act;
b. a person suffering personal injury or death as an act of terrorism committed outside the United States;
c. a child of an eligible victim;
d. an immediate family member of a deceased victim, a sexual assault victim, or a child victim;
e. a person who resided in the same permanent household as a deceased victim; or
f. a person who discovers the body of a homicide victim.
Who is an immediate family member?
Parents, siblings, grandparents, spouse or children of the person suffering personal injury or death as the result of a criminal act.
What are the eligibility criteria?
- Victimization must have occurred in Arkansas on or after July 1, 1988;
- claim must be filed within one (1) year of incident (minors excluded and may be waived for good cause);
- victimization was reported to the proper authorities within 72 hours (may be waived for good cause);
- victim must have suffered personal injury or death due to criminal act of another person;
- victim/claimant must be cooperating with the investigation and/or prosecution;
- victim must not have been covered by a collateral source;
- victim/claimant must not have been convicted of a criminally injurious felony;
- victim’s conduct must not have contributed to the victimization;
- victim must not have been involved in illegal activity at the time of the incident;
- victim must not have been incarcerated at the time of the incident;
- if a motor vehicle crash was involved, the incident must have included one of the following: Alcohol or drugs (violation of Omnibus DWI, A.C.A. §5-65-101 et. seq.); >Intent; or Hit and Run (Leaving the scene of an accident involving serious injury or death).
- Medical, including rehabilitation and dental;
- Repair and/or replacement, such as eyeglasses, dentures or hearing aids;
- Mental health expenses;
- Work loss;
- Funeral;
- Loss of support for dependents of a homicide victim;
- Crime scene clean-up.
This expense is available to survivors or dependents of homicide victims only. There is a maximum limit of $3,000 to cover reasonable expenses involved with removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Reasonable expenses include, but are not limited to, cleaning supplies, equipment rental, labor, and hazardous waste removal. The location of a crime scene may include a structure or automobile; however, a distinction exists between cleaning and property replacement. Property replacement is prohibited. Additionally, the approval of assistance with this type expense is contingent upon all other eligibility criteria having been met.
Expanded benefits include:A. Work loss expansion of benefits:
- Up to one (1) week if taken within two (2) weeks following the incident, provided the proper employment verification is obtained;
- Up to one (1) week or a total of five (5) days for time devoted to participating in criminal justice activities provided the proper employment verification is obtained, as well as verification from the appropriate criminal justice agency or court verifying the victim’s appearance.
Will be eligible on a reimbursement basis only and will be made in accordance with the per diem stipulated by the State of Arkansas provided one of the following conditions apply:
- If directly related to the victim’s participation with criminal justice activities. Documentation from the appropriate criminal justice agency or court must be provided verifying the victim’s appearance. This form of travel (or mileage) has a maximum limit of $300.
- If medically necessary for the victim who suffered personal injury. Documentation must be provided from the appropriate medical facility and/or physician verifying that the travel expense was incurred out of medical necessity for the victim who suffered personal injury. In addition, documentation must include a verification that the person seeking reimbursement was the person who accompanied the victim.
Compensation does not include gas and maintenance expenses or in-town travel.
C. Security assistanceWill be eligible on a reimbursement basis only for victims of sexual assault and domestic violence provided the following verification is made:
- That there are no collateral sources available to the victim; and
- That there are no funds available through the local victim assistance office.
Compensation is restricted to the installation of locks and windows only. There is a maximum of $500 for this expense.
D. LodgingWill be eligible on a reimbursement basis only and will be made in accordance with the per diem stipulated by the State of Arkansas provided one of the following conditions apply:
- If directly related to the victim’s participation with criminal justice activities. Documentation from the appropriate criminal justice agency or court must be provided verifying the victim’s appearance. This documentation must include verification that the prosecuting attorney’s office does not have funds available for this expense.
- If medically necessary for the victim who suffered personal injury. Documentation must be provided from the appropriate medical facility and/or physician verifying that the travel expense was incurred out of medical necessity for the victim who suffered personal injury. In addition, documentation must include a verification that the person seeking reimbursement was the person who accompanied the victim. There is a maximum limit of $300 for each of the above categories.
a. Pain and suffering,
b. Property damage or loss, and
c. Attorney fees.
You can file a civil suit to recover for these damages.
What are the maximum limits?
Overall maximum is $10,000 per victim, but this can be raised to $25,000 if the victim suffered catastrophic injury that resulted in total and permanent disability. Medical expenses are paid at 75% of balance submitted, but if the provider accepts payment they are agreeing to accept as payment in full. Mental health expenses are paid up to $3,500 for out-patient treatment and $3,500 for in-patient; Funeral expenses are paid up to $5,000. Crime scene clean-up expenses are paid up to $3,000.
How often does the Board meet to review the claims or appeals?The Board holds six annual meetings at the Attorney General’s Office. These meetings take place on the third Thursday of January, March, May, July, September and November. In addition, the Board meets via conference call during the months of February, April, June, August, October and December.
Do I need an attorney to file a claim?
No. Assistance in filing a claim is available from the Arkansas Crime Victims Reparations Program. In addition, the law does not provide for attorney’s fees to be paid by the program.
Do I have to prove financial need in order to be eligible for compensation?
No.
Does there have to be an arrest or conviction of the assailant before compensation will be paid?
No.
How do I file a claim?
A claim form may be obtained from your nearest prosecuting attorney’s office, law enforcement agency or the Arkansas Crime Victims Reparations Program. You may also download the form from:
http://www.ag.state.ar.us/outreach/cvictims/app.pdf.
It is necessary for the claim form to be completed in its entirety and accompanied by the following:
documentation verifying that the incident was reported to the proper authoritieswithin 72 hours (minors excluded); and at least one itemized statement.
Where can I find more information?
You can contact the Program at the following address:
Arkansas Crime Victims Reparations Program
Office of the Attorney General
323 Center Street, Suite 1100
Little Rock, Arkansas 72201
By phone: 501-682-1020 or 1-800-448-3014
The Arkansas Crime Victims Reparations Board will only provide compensation for procedures or services that are identifiable by a Current Procedural Terminology (CPT) code as listed in the American Medical Association’s Current Procedural Terminology Handbook. Federal guidelines mandate that crime victims’ compensation funds only be used for direct victim services. Therefore, the following procedures and services are not compensable even though they may be affiliated with a CPT code:
- Preparation of reports of a victim’s psychiatric status, history, treatment or progress.
- Preparation for or time spent in court on a victim’s behalf.
Collateral sessions in which a victim’s psychiatric condition is interpreted or explained to family members or other responsible persons in an effort to advise them on how to assist the victim are compensable, but may be subject to review by the mental health peer review committee.
State law requires that funds not be used for the benefit of an offender. Therefore, funds cannot be used for counseling sessions in which the offender is present.
The Arkansas Crime Victims Reparations Board will not provide reimbursement for more than two hours of outpatient services per day, unless the services include testing or intake.
The following is a list of maximum fees per service for which the Arkansas Crime Victims Reparations Board will provide reimbursement:
- Psychiatric interviews $145/hour
- Psychotherapy $90/hour
- Group therapy $55/hour
- Family therapy $95/hour
- Collateral sessions $80/hour
- Psychological testing $145/hour
The Violent Crime Control and Law Enforcement Act of 1994 amended section 1403 of the Victims of Crime Act of 1984 by adding language that makes crime victim compensation programs the payor of last resort. Therefore, all collateral sources, including private insurance, Medicaid and other similar federal benefits, must be exhausted before the Arkansas Crime Victims Reparations Program can reimburse expenses.
The Sexual Assault Reimbursement Program is a relationship between the Arkansas Crime Victims Reparations Board and the medical facilities conducting forensic examinations. Under Act 396 of 1991, the Crime Victim Reparations Board will reimburse a medical facility for costs incurred in performing a medical-legal examination on sexual assault victims.
What are the eligibility criteria?- treatment sought and rendered within 48 hours (minors excluded);
- reported to law enforcement prior to or during examination;
treatment not for a pre-existing injury, physical injury or any other condition;
- and victim not covered by a federally financed benefits program, such as Medicaid, Medicare, Champus or VA.
What is not covered?
- ambulance
- treatment
- counseling
- follow-up visits
Should the victim be billed?
NO! In fact, it is against federal and state law to bill a victim for expenses incurred during the medical-legal examination.
Should the victim’s collateral sources be billed?
No, if covered by private insurance.
Yes, if covered by a federally financed benefits program, such as Medicaid, Medicare, Champus or VA.
For more information, please contact the Arkansas Crime Victims Reparations Board at 501-682-1020 or toll free at 1-800-448-3014.
