What is the test for a victim of sexual assault to seek restitution under the victim restitution statutory scheme?

California, United States of America


The following excerpt is from People v. Fernandez, B225298, Los Angeles County Super. Ct. No. PA064785 (Cal. App. 2011):

"At the core of the victim restitution statutory scheme is the mandate that a victim who suffers economic loss is entitled to restitution and that the restitution is to be 'based on the amount of loss claimed by the victim.' Thus, a victim seeking restitution . . . initiates the process by identifying the type of loss . . . he or she has sustained and its monetary value." (People v. Fulton, supra, 109 Cal.App.4th pp. 885-886.)

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