How HB 228 Changes Accessibility of Reparations for Survivors
“This change in Utah is monumental. It validates the reality that survivors deserve access to assistance, including physical and mental health care, regardless of the grueling criminal justice process” -Sonya Martinez-Ortiz
The 2022 Legislative session meant some changes to benefit survivors of sexual assault. This year sponsors Representative Ken Ivory and Senator Jani Iwamoto passed H.B.228 Crime Victim Reparations, which now changes eligibility requirements that may have limited access to financial assistance for survivors. Before these eligibility changes, victims were required to report sexual assault to law enforcement and cooperate with their processes. Under the new language, a victim may be eligible for financial compensation if the victim seeks assistance from an advocacy services provider, criminal justice system victim advocate, or a non-government organization victim advocate. A victim is an individual who suffers a physical or psychological injury due to criminally injurious conduct, including sexual assault. Reparations may be utilized for crime-related medical, financial loss, mental health, and dental expenses.
Victims that decide to go through the criminal justice system processes should know their rights in Utah. This includes the right to:
Be informed about the level of protection from intimidation, free from harassment, harm, and abuse available to them throughout the criminal justice process.
Be informed and assisted as to their role in the criminal justice process.
Have a clear explanation regarding relevant legal proceedings.
Have a secure waiting area that does not require them to be close to the defendant or the family or friends of the defendant
Seek restitution and reparations
Have personal property returned to them when that property is no longer needed by the criminal justice system
Reasonable employer intercession services to minimize employees’ loss of pay and other benefits resulting from their participation in the criminal justice process.
Victims have the right to object to a petition for expungement.
Should have a speedy disposition of the entire criminal justice process.
Timely notice of judicial proceedings they are to attend and timely notice of cancellations
Director of the Rape Recovery Center, Sonya Martinez-Ortiz said of the legislation, “The path to healing looks different for every survivor. For many, that means not reporting the crime to law enforcement. This change in Utah is monumental. It validates the reality that survivors deserve access to assistance, including physical and mental health care, regardless of the grueling criminal justice process. It also places power, that is often taken from victims, back in the hands of the survivor. We hope that other states continue to follow the lead of Utah”.
The RRC supports these changes for Crime Victim Reparations to allow survivors the choice to disclose their experiences with who they choose. By now, including advocate service providers, victims have expanded resources and services that can aid in the healing process. A list of resources for those who have experienced sexual assault is provided below as well a link to the UOVC website: