Why Aren't All Crime Victims Equal Before the Law?

May 30 - June 5, 2007 by Maya Harris, The Post Newspaper

When it comes to "victim's rights," it appears that there are "good victims" who can get help from the government and "bad" ones who can't get help at all.

I've written about the ACLU of Northern California's efforts to secure voting rights for people with felony convictions, as part of our voting rights work generally and our efforts to protect the rights of individuals who have been involved in the criminal justice system.

Through our work, we recently learned about another right denied to people on felony probation or parole: They are disqualified from receiving support from the state's victim assistance program.

Ordinarily, victims and their families can seek aid from the state's Victim Compensation Program (VCP), which "can help victims of violent crime, and their families, deal with the emotional, physical and financial aftermath of crime."

VCP provides critical financial support, including aid for legal dependents, costs of counseling, medical services and relocation if necessary. California residents can apply for this aid within one year of the crime or after the victim turns 18, whichever is later.

But, if you happen to be on felony probation or parole, until recently you got nothing. The law states that, "A person who is on felony probation, parole, in jail or in prison cannot be paid by the program for any expense."

As a result, in one instance, a young man, whose mother was murdered, was ineligible for the victim compensation that would help cover the cost of her burial. Why? Because he was on probation at the time of his mother's death.

An Oakland couple, whose child was a homicide victim, was denied help by the program because their child was on probation when he was killed. These parents weren't able to bury their son for a month while they raised enough money for the funeral costs.

Thanks to Assembly Member Mark Leno, a new law [Government Code section 13955(a)(3)(B)] now allows family members of homicide victims who were on probation or parole to receive victim compensation as long as the victim was not involved in the crime which caused the death. But the VCP has yet to change its rules and the information on its website to reflect this new law. And, in a phone call to VCP, we were provided with incorrect information. As a result, many grieving families remain unaware or even misinformed of the available benefits.

And the law still denies other victims assistance; namely, non-murder victims. For example, a woman who is sexually assaulted, but who happens to be on probation at the time she is victimized, would be denied the compensation for counseling that every other rape victim is entitled to.

I learned about these victims' experiences from Maria Chavez, campaign organizer of California Crime Victims for Alternatives to the Death Penalty, a coalition of victims' family members, friends and loved ones who oppose the death penalty. Though they have different reasons for opposing capital punishment, CCV members are united in the belief that execution of the perpetrators will not help them heal.

Chavez has met many survivors of homicide who are left behind to respond to their loss and trauma on their own. While some victims have a great deal of support and positive experience with government agencies, others are left to fend for themselves.

All victims and victims' families share the pain of senseless violence. They should be treated with equal compassion and support.