What is the test for determining the appropriate amount of restitution in a sexual assault case?
California, United States of America
The following excerpt is from People v. Lopez, A144064 (Cal. App. 2016):
Restitution must " 'be set in an amount which will fully reimburse the victim for his or her losses unless there are clear and compelling reasons not to do so. . . .' " (People v. Mearns (2002) 97 Cal.App.4th 493, 499.) " 'When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court.' " (Ibid.)
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