Office of the Attorney General of the State of South Carolina, October 25 (1999)

Attorney General Opinions | Office of the Attorney General of the State of South Carolina, October 25 (1999) | 2018

Questions
1. Pursuant to sections 16-3-1110 et seq. of the Annotated Code of South
Carolina, is a victim considered “fully cooperative” when, during an investigation, he recants, declines to sign a warrant against the offender, and/or refuses to testify at trial?
2. Is a minor victim barred from receiving compensation because his parent or
guardian failed to “fully cooperate” with law enforcement authorities?

Conclusions
1. Section 16-3-1170 establishes the eligibility requirements for victims who
apply for compensation. Subsection (A)(4) provides that an award of compensation may not be provided unless “the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the [State Office of Victim Assistance].” Neither section 16-3-1220 nor 16-3-1210 requires a crime victim to pursue prosecution to qualify for compensation. Therefore, a crime victim must satisfy section 16-3-1170(A) to qualify for an award of compensation, but that section does not require a victim to prosecute an alleged offender.
2. Section 16-3-1230 authorizes claims for compensation to be filed on behalf of
minor victims. This section does not require victims or their parents/guardians to prosecute in order to qualify for compensation. The State Office of Victim Assistance, however, has the discretion to deny claims filed on behalf of minor victims, depending on the degree to which their parents/guardians do not fully cooperate. This rule must be applied on a case-by-case basis.