Can a defendant be ordered to pay full restitution to a victim in a sexual assault case?

California, United States of America


The following excerpt is from People v. Gordon, C075825 (Cal. App. 2015):

" 'In keeping with the [voters'] "unequivocal intention" that victim restitution be made, statutory provisions implementing the constitutional directive have been broadly and liberally construed.' [Citations.] Section 1202.4, at issue here, states that 'in every [criminal] case in which a victim has suffered economic loss as a result of the defendant's conduct,' the trial court must order the defendant to pay restitution 'in an amount . . . based on the amount of loss claimed by the victim . . . or any other showing to the court.' ( 1202.4, subd. (f).) The statute further provides that the trial court 'shall order full restitution unless it finds compelling and extraordinary reasons' not to do so (ibid.); the restitution order must 'fully reimburse the victim . . . for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to, all of [12 listed forms of loss]' (id., subd. (f)(3))." (People v. Stanley (2012) 54 Cal.4th 734, 736-737.)

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