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National Crime Victim Law Institute

Fighting for Full Restitution in Oregon

September 09, 2015

In August, NCVLI participated as amicus curiae in two cases pending with the Oregon Supreme Court in which the Oregon Department of Justice is fighting for victims. In each case the defendant was seeking to limit restitution on the basis that the costs incurred by the victim were too remote from the criminal conduct. Specifically, defendants were opposing paying for the victims’ attorney fees and investigative costs arguing that the law requires more than “but for” to establish the necessary causal connection between the defendant’s conduct and the victim’s losses. NCVLI’s amicus briefs argued that victims do not choose to be victims and that, based upon well-established Oregon law, the financial burdens of their victimization properly shifts back to the perpetrator upon conviction.  NCVLI also argued that, even if foreseeability were deemed a legal requirement, the losses at issue were foreseeable. The cases are pending; we will keep you posted!