In what circumstances will the victims of sexual assault be able to obtain damages from the convicted wrongdoer?

Instead, in those rare cases where the trial court fails in its duty to order restitution from the convicted wrongdoer to the victims of the crime, the victims may do what petitioners have done in this case: seek a writ of mandate. This is consonant with section 28, and at the same time does not interfere with "the public prosecutor's exclusive discretion in the conduct of criminal cases." ( Dix v. Superior Court (1991) 53 Cal.3d 442, 451, 279 Cal.Rptr. 834, 807 P.2d 1063 ( Dix ).)