Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...
Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...
Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...
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CVC is available to any victim of a crime or attempted crime that causes or threatens to cause physical<br />
and/or emotional injury or death, up to a total of $50,000 (Tex. Code Crim. Proc. § 56.32). The victim<br />
can be a <strong>Texas</strong> resident or a resident of another state or country who is victimized in <strong>Texas</strong>. Alternatively,<br />
if a <strong>Texas</strong> resident is victimized in another state or country that does not provide for compensation<br />
to crime victims, that resident can also apply for <strong>Texas</strong> CVC. All victims must satisfy a few eligibility<br />
requirements. The victim must:<br />
1. Report the crime in a “reasonable time”<br />
2. Cooperate with the investigation and prosecution<br />
3. Apply within 3 years after the date of the crime (child victims have until their 21st birthdays<br />
to make claims)<br />
4. Not have willingly participated in the commission of the crime<br />
CVC can be used to cover a variety of expenses, called “pecuniary losses.” Article 56.32(a)(9), Code of<br />
Criminal Procedure, provides a list of categories that CVC can cover:<br />
1. Medical care<br />
2. Psychiatric care or counseling<br />
3. Physical therapy<br />
4. Actual loss of past earnings, anticipated loss of future earnings, and travel expenses due to:<br />
• A disability resulting from the personal injury<br />
• Medical services related to such a disability<br />
• Participating in or attendance at investigative, prosecutorial, or judicial processes related to<br />
the crime, including post-conviction and post-adjudication proceedings<br />
5. For a victim of sexual assault or family violence assaulted at home, up to $2,000 for relocation<br />
expenses, including a rental deposit, utility connections, moving belongings, motor vehicle<br />
mileage expenses, and for out-of-state moves, transportation, lodging, and meals<br />
6. For a victim of sexual assault or family violence assaulted at home, up to $1,800 for rent<br />
7. Care of a child or dependent<br />
8. Funeral and burial expenses, including travel expenses to the funeral for an immediate family member<br />
9. Loss of support to a dependent (but not if such a payment would benefit the offender or an accomplice)<br />
10. Reasonable costs of cleaning the crime scene<br />
11. Reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence<br />
or made unusable during the investigation<br />
12. For an immediate family member of a deceased victim, bereavement leave up to 10 days<br />
13. Reasonable costs of traveling to and from the place of the offender’s execution for the purpose of<br />
witnessing the execution, including one night’s stay near the place of execution<br />
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