Module 4
Victim Restitution and Compensation

Restitution in the Federal Justice System

Module 2 explained that restitution is an order by the judge upon sentence of a convicted defendant, also known as a restitution order. The federal justice system requires mandatory restitution in cases of sexual abuse (as defined by federal law) for the “full amount of the victim’s losses.”1 

When deciding the full amount of a victim’s losses, the federal justice system will consider costs incurred by the victim for:

  • Medical services relating to physical, psychiatric, or psychological care;
  • Physical and occupational therapy or rehabilitation;
  • Necessary transportation, temporary housing, and child care expenses;
  • Lost income;
  • Attorney’s fees, plus any costs incurred in obtaining a civil protection order;
  • Property damage and loss;
  • Any other losses suffered by the victim as a proximate result of the offense.2 

The court cannot decline to grant a restitution order because of the defendant’s financial status or because a victim has received funds for the costs from another resource.3 Thus, in the federal system a judge may issue a restitution order even if the perpetrator lacks the financial capacity to pay it.

Disclaimers and Footnotes

1. 18 U.S.C §2248. 

2. 18 U.S.C §2248(b)(3) and 18 U.S.C §3663A(b). 

3. For more information, see a comprehensive resource by the U.S. Department of Justice available at https://www.justice.gov/file/414321/download.

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