In some sex offense cases, even Penal Code § 288 cases, the conduct is consensual, but due to the victim’s age being below 18, the victim cannot legally. Thus, parents often report the crime, rather than the victim herself. For such a person to then claim mental suffering, it might be looked upon with skepticism. The court, however, could award restitution for mental suffering as long as there is a “rational and factual basis.” The following case was not such a consensual case at all and the trial court awarded $1M for mental suffering. How did it hold up on appeal? Click the following link to find out.
http://www.greghillassociates.com/restitution-proper-in-sex-offense-case-for-mental-suffering.html.
Greg Hill & Associates (310) 782-2500 