Does a victim who suffered economic loss as a result of sexual assault receive restitution directly from a defendant convicted of the crime?

California, United States of America


The following excerpt is from People v. Shubin, E073267, E074598 (Cal. App. 2020):

an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime." Specifically, "in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court." ( 1202.4, subd. (f).) Section 1202.4 thus limits restitution awards for economic loss to losses "resulting from the criminal conduct supporting the crimes of which the defendant was convicted." (People v. Lai (2006) 138 Cal.App.4th 1227, 1247.)

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