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National Crime Victim Law Institute

Fighting Victim Blaming!

September 10, 2018

Recently, an Oregon DUII defendant, who pled guilty to recklessly assaulting the victim and causing injury, unsuccessfully requested the trial court to incorporate the civil comparative fault rule to reduce the restitution calculation.  The court of appeals affirmed the trial court’s denial of defendant’s request, but the defendant petitioned to the Oregon Supreme Court for review.  Upon hearing review was granted, NCVLI and our partner, the Oregon Crime Victims Law Center (OCVLC), joined efforts and filed an amici curiae brief asking the Court to affirm the lower courts’ decisions.  NCVLI and OCVLC argue that existing law and policy do not authorize the injection of civil comparative fault into criminal restitution.  We further argue that to do so would frustrate victims’ rights.  The case is pending!

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