Exercise 27

The victim emotionally testifies that the duration and severity of the defendant's stalking and the lengthy delay in her bringing it to law enforcement's attention severely strained her relationship with her teenage son. Specifically, the victim testifies that her son began to resent her inaction and that, to this day, their relationship is not the same as it was prior to the stalking. At sentencing, the new prosecutor reminds the judge of this information and asks the court to order the defendant to pay some amount of restitution to compensate for the damage he caused to the mother-son relationship.

How should the court rule on the restitution request?

A. Order restitution of a specific dollar amount to be paid by the defendant to the victim.

Answer A is incorrect. Section 31-17-1(A)(2) limits restitution to "actual damages" and clearly states that that does not include damages for pain, suffering, mental anguish and loss of consortium. Therefore, ordering restitution in response to the damaged mother-son relationship is improper. Please select another answer.

B. Order the victim and her son to go to counseling as a means of repairing their relationship.

Answer B is incorrect. The court has authority in sentencing over the defendant, not the victim or her son. The court could recommend or suggest to the victim that she and her son consider counseling. Please select another answer.

C. Do not order any restitution in response to the prosecution's request.

Answer C is correct! Section 31-17-1(A)(2) limits restitution to "actual damages" and clearly states that that does not include damages for pain, suffering, mental anguish and loss of consortium. Therefore, not ordering restitution in response to the damaged mother-son relationship is correct.