Restitution for Pain and Suffering Allowed If PC § 288

The general rule concerning recovery of pain and suffering in a criminal case is that it cannot be recovered as restitution. One exception that does exist is for a victim of lewd and lascivious acts with a person under age 14 (Penal Code § 288) or in 288(c)(1), a person under age 16. This allowed recovery includes for a violation of 288.5, continuous sexual abuse of a child. To read why someone argued such recovery was not allowed and the court’s legal reasoning for why it was allowed, click on the following link.

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