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Law garden / Delaware

If you're Jane Doe in Delaware

What Delaware's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.

Victims' Compensation Assistance Program (VCAP), run by Delaware Department of Justice.

Program phone302-255-1770
Delaware DOJ, Victims' Compensation Assistance Program page and FAQs

Delaware DOJ, Victims' Compensation Assistance Program page and FAQsDE-S2

The program's own page, saved by Tend.

Open it on attorneygeneral.delaware.gov

What the program can pay for

What it does not pay for

  • Pecuniary loss does not include property damage, so damaged personal property (for example a phone) is generally not paid. The cost to replace items seized as evidence is the exception.

    11 Del. C. § 9002(10)

    11 Del. C. § 9002(10)DE-EXCL-1

    “Pecuniary loss” means any expenses actually and necessarily incurred as a result of personal injury or death resulting from a crime, but does not include property damage.

    Read this sentence on delcode.delaware.gov

  • The program will not pay for lost, damaged, or stolen property, or for pain and suffering.

    VCAP page, FAQs: Are there any limits?

    VCAP page, FAQs: Are there any limits?DE-EXCL-2

    You cannot be paid for lost, damaged, or stolen property, or for pain and suffering.

    Read this sentence on attorneygeneral.delaware.gov

The forensic exam

  • You should not get a bill for a sexual assault forensic exam.

    11 Del. C. § 9023(d)and 1 more

    11 Del. C. § 9023(d)DE-EXAM-1

    Hospitals and health care professionals must give sexual offense forensic medical exams free of charge, and the survivor pays no out-of-pocket cost and does not have to file a compensation application for the exam. The provider bills the patient's insurance first.

    The victim of the sexual offense shall not pay any out-of-pocket costs associated with the forensic medical examination and shall not be required to file an application with the Agency.

    Read this sentence on delcode.delaware.gov

    11 Del. C. § 9023(c)DE-EXAM-2

    Hospitals and health care professionals must provide forensic medical exams free of charge to sexual offense victims.

    Hospitals and health-care professionals shall provide forensic medical examinations free of charge to the victims of sexual offenses.

    Read this sentence on delcode.delaware.gov

  • The provider may bill your insurance, but not you.

    11 Del. C. § 9023(d)and 1 more

    11 Del. C. § 9023(d)DE-EXAM-1

    Hospitals and health care professionals must give sexual offense forensic medical exams free of charge, and the survivor pays no out-of-pocket cost and does not have to file a compensation application for the exam. The provider bills the patient's insurance first.

    The victim of the sexual offense shall not pay any out-of-pocket costs associated with the forensic medical examination and shall not be required to file an application with the Agency.

    Read this sentence on delcode.delaware.gov

    11 Del. C. § 9023(c)DE-EXAM-2

    Hospitals and health care professionals must provide forensic medical exams free of charge to sexual offense victims.

    Hospitals and health-care professionals shall provide forensic medical examinations free of charge to the victims of sexual offenses.

    Read this sentence on delcode.delaware.gov

  • The provider must bill the patient's insurance (including Medicaid and Medicare) first; whatever insurance does not cover can be billed to the Victims' Compensation Fund, not the survivor.

    11 Del. C. § 9023(c)

    11 Del. C. § 9023(c)DE-EXAM-3

    Any hospital or health-care professional performing a forensic medical examination shall seek reimbursement for the examination from the patient's insurance carrier, including Medicaid and Medicare, if available. If insurance is unavailable, or does not cover the full costs of the forensic medical examination, the service provider may seek reimbursement from the Victims' Compensation Fund.

    Read this sentence on delcode.delaware.gov

Police report

  • The program asks for a police report. The rules below say when other records can count instead, like a protective order.

    11 Del. C. § 9010(a)(5)and 1 more

    11 Del. C. § 9010(a)(5)DE-REPORT-1

    The crime must be reported to law enforcement within 72 hours, but this is waived if it was reported to protective services or Family Court, the victim has a protection from abuse order, the victim cooperated with law enforcement or an appropriate government agency in a sexual assault case, or the Agency finds the requirement unreasonable.

    Where the victim has failed to report the crime to a law-enforcement agency within 72 hours of its occurrence. This requirement is waived in any of the following circumstances: a. The crime has been reported to an appropriate governmental agency, such as child or adult protective services or the Family Court. b. The victim can provide a protection from abuse order. c. The victim has cooperated with law enforcement or an appropriate government agency in cases of crimes involving domestic violence, sexual assault or abuse. d. Where the Agency, in its discretion, determines that the circumstances of the crime or the victim render this requirement unreasonable.

    Read this sentence on delcode.delaware.gov

    11 Del. C. § 9010(a)(3)DE-REPORT-2

    A claim is denied if the victim refused reasonable cooperation with law enforcement.

    Where the victim refused to give reasonable cooperation to state or local law-enforcement agencies in their efforts to apprehend or convict the perpetrator of the crime in question.

    Read this sentence on delcode.delaware.gov

  • The crime must be reported to law enforcement within 72 hours, but this is waived if it was reported to protective services or Family Court, the victim has a protection from abuse order, the victim cooperated with law enforcement or an appropriate government agency in a sexual assault case, or the Agency finds the requirement unreasonable.

    11 Del. C. § 9010(a)(5)

    11 Del. C. § 9010(a)(5)DE-REPORT-1

    Where the victim has failed to report the crime to a law-enforcement agency within 72 hours of its occurrence. This requirement is waived in any of the following circumstances: a. The crime has been reported to an appropriate governmental agency, such as child or adult protective services or the Family Court. b. The victim can provide a protection from abuse order. c. The victim has cooperated with law enforcement or an appropriate government agency in cases of crimes involving domestic violence, sexual assault or abuse. d. Where the Agency, in its discretion, determines that the circumstances of the crime or the victim render this requirement unreasonable.

    Read this sentence on delcode.delaware.gov

  • A claim is denied if the victim refused reasonable cooperation with law enforcement.

    11 Del. C. § 9010(a)(3)

    11 Del. C. § 9010(a)(3)DE-REPORT-2

    Where the victim refused to give reasonable cooperation to state or local law-enforcement agencies in their efforts to apprehend or convict the perpetrator of the crime in question.

    Read this sentence on delcode.delaware.gov

Deadline to apply

  • Apply within 1 year of the date it happened.

    11 Del. C. § 9010(a)(4)

    11 Del. C. § 9010(a)(4)DE-DEAD-1

    The claim must be filed within 1 year after the injury, unless the Agency grants an extension or finds the deadline unreasonable in the circumstances.

    Where the claim has not been filed within 1 year after the personal injury on which the claim in based, unless an extension is granted by the Agency or the Agency, in its discretion, determines that the circumstances render this requirement unreasonable.

    Read this sentence on delcode.delaware.gov

Keeping your name and address private

  • Delaware's Address Confidentiality Program, run by the Department of Justice, gives certified participants a substitute address and forwards their mail. Victims of sexual assault can apply if they have filed for a protection from abuse order or are named as a victim in a criminal or delinquency case, and they state that they fear future violence from the perpetrator.

    11 Del. C. § 9613(1); substitute address under § 9612(a)

    11 Del. C. § 9613(1); substitute address under § 9612(a)DE-ACP-1

    All of the following persons are eligible to apply to become program participants: (1) A victim of domestic violence, sexual assault, human trafficking, kidnapping, or stalking who has filed for a protection from abuse order or who is or was named as a victim in any criminal or delinquency proceeding

    Read this sentence on delcode.delaware.gov

  • Under Delaware's Freedom of Information Act, the investigative files the Victims' Compensation Assistance Program compiles or maintains are not public records.

    29 Del. C. § 10002(o)(14) (records not deemed public)

    29 Del. C. § 10002(o)(14) (records not deemed public)DE-RECCONF-1

    (14) Investigative files compiled or maintained by the Victims’ Compensation Assistance Program

    Read this sentence on delcode.delaware.gov

How to apply

If you need money soon

  • An emergency award is possible only on a showing of dire necessity, requested in writing with the claim form, and not until a police report or other official law enforcement documentation is obtained.

    1 Del. Admin. Code 301-23.0

    1 Del. Admin. Code 301-23.0DE-EMERG-1

    The Agency will make an emergency award only upon a showing of dire necessity. The claimant, must, in writing, request an emergency award when submitting his claim form and show just cause as to why such an award should be considered. No such award will be made until the police report or other official documentation from the appropriate law enforcement agency is acquired.

    Read this sentence on regulations.delaware.gov

Good to know before you apply

  • The program covers everyone, including nonresidents, who is a victim of a crime committed in Delaware.

    11 Del. C. § 9021(1)

    11 Del. C. § 9021(1)DE-RES-1

    All persons, including nonresidents of Delaware, who are victims of crimes committed on January 1, 1975, or thereafter within this State

    Read this sentence on delcode.delaware.gov

  • A Delaware domiciliary hurt by a crime in another state may apply if the crime would be compensable in Delaware and that state has no eligible program with equal benefits.

    11 Del. C. § 9009(9)

    11 Del. C. § 9009(9)DE-RES-2

    A person whose domicile is in Delaware and who is the victim or secondary victim of a crime that occurs in another state, possession, or territory of the United States may make an application for compensation if both of the following are true: a. The crimes would be compensable had they occurred in Delaware. b. The placement of the crime occurred in states, possessions, or territories of the United States not having eligible crime victim compensation programs that provide benefits equal to the benefits provided under this chapter.

    Read this sentence on delcode.delaware.gov

  • The award is the loss minus anything the claimant has received or will receive from other sources, including insurance.

    11 Del. C. § 9009(1)

    11 Del. C. § 9009(1)DE-COLL-1

    If a claim is approved, the award must be the amount of pecuniary loss minus the amount the claimant has received or will receive as indemnification from any other source, including any applicable insurance.

    Read this sentence on delcode.delaware.gov

  • Claims for less than $25 are not paid, except in cases of dire hardship.

    11 Del. C. § 9011(b)

    11 Del. C. § 9011(b)DE-MIN-1

    Except in cases of dire hardship, as determined by the Agency, there may not be payment of compensation where the claim is for less than $25.

    Read this sentence on delcode.delaware.gov

When you are ready

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