§ 411.15. Actions affecting awards.
(a) Except as provided in the act, OVS may deny a claim or reduce the amount awarded if it finds that the conduct of the direct victim or intervenor contributed to the injury. The conduct of the direct victim or intervenor will be deemed to have contributed to the injury if the direct victim or intervenor did one of the following:
(1) Initiated, provoked or prolonged a verbal or physical confrontation with the offender.
(2) Participated in an illegal act that was causally related to the injuries sustained.
(3) Acted in a manner that placed the direct victim or intervenor into a situation likely to result in injury.
(4) Entered, knowingly and willingly, into a vehicle driven by someone under the influence.
(5) Sought retaliation against the offender.
(6) Entered into a physical altercation by mutual consent.
(7) Was charged by law enforcement with criminal conduct as a result of the crime.
(b) In determining whether the conduct of a direct victim or intervenor warrants a denial or reduction of the award, OVS may consider evidence indicating that the direct victim or intervenor was acting with legal justification as defined in 18 Pa.C.S. (relating to the Crimes Code) or other evidence of mitigation that the claimant asks OVS to consider.
(c) OVS may assess a contribution amount or deny in auto-related crimes when the victim is the driver of the vehicle and the victim does not have a valid license or the victim’s driver’s license has been revoked or was under suspension at the time of the crime.
(d) OVS will assess a $5,000 contribution for an award for medical expenses, or the current amount of medical benefits coverage required under Pennsylvania law, if a direct victim or intervenor was injured while driving his own car without insurance.
(e) Stolen cash claims that are received and are eligible for an award will have a minimum 10% contribution assessed if they fall under the definition of ‘‘pigeon drop.’’
(f) OVS may deny a claim or reduce the amount awarded or require repayment of a prior award if it finds that a direct victim, intervenor or claimant has not cooperated fully with law enforcement agencies or OVS. Failure to cooperate includes one or more of the following:
(1) Failure to cooperate fully with a law enforcement agency in the investigation of the crime on which the claim is based.
(2) Failure to cooperate fully in the prosecution of the alleged offender of the crime on which the claim is based.
(3) Failure to provide truthful, complete and accurate information for OVS to determine the eligibility or validity of a claim or amount of an award.
(4) In crimes involving stolen or defrauded money, failure to implement personal crime prevention techniques recommended by the local police department, victim service programs or crime prevention programs at OVS’s request when crimes are similar in nature and repeated.
(g) OVS may consider a failure to cooperate with law enforcement and OVS to be justified when one of the following circumstances exist:
(1) The direct victim, intervenor or the claimant is mentally or physically incapacitated.
(2) There is a fear of retaliation.
(3) The victim is a minor.
(4) Other circumstances when good cause is shown by the claimant.
(h) If the crime involved is related to domestic violence, the conduct of the direct victim will not be considered unless the direct victim was the primary aggressor. In determining which party was the primary aggressor, OVS will consider the following:
(1) Prior acts of domestic violence.
(2) The relative severity of the injuries inflicted upon the persons involved in those prior acts of domestic violence.
(3) The likelihood of future injury.
(4) Whether, during the prior acts, one of the parties acted in self-defense.
(5) The totality of the circumstances surrounding the crime.
Cros References This section cited in 37 Pa. Code § 411.18 (relating to actions affecting awards).
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