To ensure that victims of sexual assault are not unjustly denied compensation, the Commission on the Administration of Justice agreed Monday to exclude "provocation" as a reason to deny claims under the Victims of Crime law.
The rules governing victim claims currently direct the Board of Examiners and attorney general's office to consider provocation and consent, "which may have contributed to the victim's injury or death."
Deputy Attorney General Brian Nix said that is appropriate for a variety of crimes such as assault and battery. But he said the new proposed language is not appropriate for the crime of sexual assault.
He quoted the proposed new policy as stating: "A victim's conduct cannot be considered consent to sexual assault."
Nix said the subcommittee working on the policy regulations is still working on similar language to apply in cases of domestic violence.
The program allows victims to come before the attorney general's office and apply for funding to offset costs they suffered as a victim of a crime. The awards must be approved by the state Board of Examiners, which consists of the governor, attorney general and secretary of state. That board also has the power to make the necessary changes.
The commission also complained that the Victims of Crime program doesn't always receive its full share of the administrative assessment money the courts collect in a year. Victims of Crime fund receives a specific portion of the administrative assessments collected primarily from misdemeanor crimes processed in justice and municipal courts. However, the fund only receives up to the amount budgeted by the Legislature.
"If administrative assessments generate more money than the budget, that excess money does not benefit the fund," said commission chairman, Supreme Court Justice James Hardesty. "It goes to the general fund."
He said in the last biennium, the amount the Victims of Crime fund lost because of that law was $441,000.
Nix said that has been a source of frustration for the program for decades.
Hardesty said a bill draft is being prepared asking the Legislature to change that law so that excess revenues would continue to go to the victim's fund.
Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.