Victims of Crime

Emberwood Center has been granted funds from the Indiana Criminal Justice Institute to provide therapy and advocacy services to victims of crime, at no expense to them.  Direct victims of the crime as well as witnesses or family members of the victim can qualify for these services, if they suffer from the effects of this crime. 

Our therapists assist the victim in addressing all effects of trauma, like depression, anxiety, anger, trouble sleeping, physical symptoms, substance use, symptoms of post traumatic stress, relationships issues and so on.   Our therapists are trained in evidenced based therapy models that are proven to be effective in treating trauma.  

Our advocates assist victims in navigating the legal system as needed, and collaborate with case managers, probation officers, prosecutors, victim advocates, attorneys, physicians, and other involved therapists or family members.  They assist the victim with resources as well as life skills in any areas needed and support the victim in regaining healthy functioning.

Victimization Experienced

The following list includes some of the qualifying crimes: (Click on the “+” to see more detail.)

  •  Simple Assault: Assaults and attempted assaults where no weapon was used, or no serious or aggravated injury resulted to the victim. Intimidation, coercion, and hazing are included. 
  •  Aggravated Assault: An unlawful attack by one person upon another, inflicting severe or aggravated bodily injury. This type of assault usually is accompanied with the use of a weapon or by means likely to produce death or great bodily harm. 

 The following are examples of specific crimes and should be reported as adult physical assault (either simple assault or aggravated assault): 

  • Affray 
  • Aggravated assault 
  • Aggravated battery 
  • Attempted homicide 
  • Attempted murder 
  • Battery 
  • Brandishing a weapon 
  • Gun violence 
  • Simple assault 
  • Strangulation 
  • Threat with a weapon 

Includes a wide range of victimizations/crimes that include attacks or attempted attacks generally involving unwanted sexual contact between victim and offender. Sexual assaults may or may not involve force and include such things as grabbing, fondling, and verbal threats. Also included is rape, which is defined as penetration of any kind, of the vagina or anus with any body part or object, or oral penetration of a sex organ by another person, without the consent of the victim; may also include penetration of the mouth by a sex organ by another person. 

The following are examples of specific crimes and should be reported as adult sexual assault: 

  • Attempted rape 
  • Attempted sexual assault 
  • Fondling 
  • Forcible sex offense 
  • Incest
  • Indecent liberties 
  • Indecent exposure 
  • Non-forcible sex offense  
  • Rape 
  • Rape by instrument
  • Sexual assault/misconduct  
  • Sexual assault with an object
  • Sodomy

Adult survivors of sexual abuse and/or assault which was suffered while they were children. For examples of sexual abuse/assault that may have been experienced, see child pornography and child sexual assault. 

Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling, house, public building, motor vehicle or aircraft, personal property of another, among others. 

Repeated, negative acts committed by one or more children against another child. These negative acts may be physical or verbal in nature—for example, hitting or kicking, teasing or taunting—or they may involve indirect actions such as manipulating friendships or purposely excluding other children from activities. Implicit in this definition is an imbalance in real or perceived power between the bully and victim. Similar conduct conducted by an adult against another adult would likely be considered “stalking/harassment.” 

The following are examples of specific activities/behaviors and should be reported as bullying: 

  • Bullying through emails 
  • Creating fake profiles 
  • Hitting or kicking 
  • Posting embarrassing pictures/videos online through social media 
  • Spreading rumors 
  • Testing or taunting 

The unlawful entry of a structure to commit a felony or theft. The FBI’s Uniform Crime Reporting (UCR) program includes three subclassifications: forcible entry, unlawful entry where no force is used, and attempted forcible entry. The UCR definition of structure includes apartment, barn, house trailer or houseboat when used as a permanent dwelling, office, railroad car (but not automobile), stable, and vessel (i.e., ship).  

The following are examples of specific crimes and should be reported as burglary:

  • Aggravated burglary 
  • Attempted forcible entry 
  • Breaking and entering 
  • Forcible entry 
  • Nonforcible entry 
  • Unlawful entry

Physical abuse that is nonaccidental physical injury (ranging from minor bruises to severe fractures or death) because of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child, that is inflicted by a parent, caregiver, or other person. Such injury is considered abuse regardless of whether the caregiver intended to hurt the child. Physical discipline, such as spanking or paddling, is not considered abuse as long as it is reasonable and causes no bodily injury to the child.  

The following are examples of specific crimes should be reported as child physical abuse or neglect: 

  • Abandonment 
  • Child neglect  
  • Endangering the welfare of a child  
  • Exposure to drugs/alcohol 
  • Nonviolent child abuse 
  • Nonviolent child cruelty  
  • Violent child abuse 
  • Violent child cruelty 

Any visual depiction of sexually explicit conduct, including any photograph, film, video, picture, drawing, or computer-generated image or picture, which is produced by electronic, mechanical, or other means, where: 

  1. its production involved the use of a minor engaging in sexually explicit conduct; 
  2. such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct; 
  3. such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or 
  4. it is advertised, distributed, promoted, or presented in such a manner as to convey the impression that it is a visual depiction of a minor engaging in sexually explicit conduct. 

The following are examples of specific crimes and should be reported as child pornography: 

  • Child pornography   
  • Possession, distribution and receipt of child pornography 
  • Production of child pornography 
  • Sexual exploitation of a child  

This may include activities such as fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution by a parent, caregiver, or other person. This definition includes teen sexual assault.  

The following are examples of specific crimes and should be reported as child sexual abuse/assault: 

  • Child exploitation through prostitution    
  • Child molesting 
  • Rape of a child
  • Teen sexual assault
  • Statutory rape  

A crime in which there is a past or present familial, household, or other intimate relationship between the victim and the offender, including spouses, ex-spouses, boyfriends and girlfriends, ex-boyfriends and ex-girlfriends, and any family members or persons residing in the same household as the victim. Involves a pattern of abusive behavior in any relationship that is used by one to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.   

The following are examples of some behaviors and activities that may indicate a victimization of domestic and/or family violence, if the perpetrator was related to the victim as described above: 

  • Blame    
  • Frighten
  • Humiliation
  • Hurt/injured
  • Intimidation 
  • Isolation
  •  Manipulation 
  • Terrorize

Driving under the influence (DUI) or driving while impaired (DWI) includes driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming alcoholic beverages or using drugs or narcotics.    

The following are examples of specific crimes and should be reported as DUI/DWI incidents: 

  • DUI hit and run 
  • DUI motor vehicle crash 
  • DUI resulting in death 

Also known as elder mistreatment, generally refers to any knowing, intentional, or negligent act by a family member, caregiver, or other person in a trusting relationship that causes harm or creates a serious risk of harm to an older person. Elder abuse may include abuse that is physical, emotional/psychological (including threats), or sexual; neglect (including abandonment); and financial exploitation. This is a general definition; state definitions of elder abuse vary. Some definitions may also include fraud, scams, or financial crimes targeted at older people.     

Violence and crime perpetuated by a gang. A gang is defined as: 

  1. an association of three or more individuals; 
  2. whose members collectively identify themselves by adopting a group identity which they use to create an atmosphere of fear or intimidation frequently by employing one or more of the following: a common name, slogan, identifying sign, symbol, tattoo or other physical marking, style or color of clothing, hairstyle, hand sign or graffiti; 
  3. the association’s purpose, in part, is to engage in criminal activity and the association uses violence or intimidation to further its criminal objectives. 

A criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin, or sexual orientation. PMT POCs that report this victimization type under the VA or TVS programs will be prompted to enter the type of hate crime (e.g., race, religion) in the PMT. 

Murder and voluntary manslaughter, which are the willful (intent is present) killing of one human being by another. VC grantees report on this as the “homicide” crime type; VA and TVS grantees report on this as the “survivors of homicide victims” victimization type. 

Obtaining a person through recruitment, harboring, transportation, or provision, and subjecting such a person by force, fraud, or coercion into involuntary servitude, peonage, debt bondage, or slavery (not to include commercial sex acts). 

The following are examples of specific crimes and should be reported as human trafficking (labor): 

  • Forced labor 
  • Labor trafficking 
  • Human trafficking, involuntary servitude 

Inducing a person by force, fraud, or coercion to participate in commercial sex acts, or the person induced to perform such act(s) has not attained 18 years of age. 

The following are examples of specific crimes and should be reported as human trafficking (sex): 

  • Commercialized sex 
  • Commercialized vice
  •  Human trafficking, commercial sex acts 
  • Sex trafficking 
  • Seduction
  • Transporting persons for prostitution 

Identity theft occurs when someone wrongfully obtains another’s personal information without their knowledge to commit theft or fraud. Fraud and financial crimes include illegal acts characterized by deceit, concealment, or violation of trust and that are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.  

The following are examples of specific crimes and should be reported as identity theft/fraud/financial crime: 

  • ATM fraud 
  • Bad checks 
  • Bribery
  • Checks, insufficient funds 
  • Confidence game 
  • Contract fraud
  • Conversion
  • Counterfeiting
  • Credit card fraud
  • Embezzlement
  • Extortion
  • False pretense
  • False report
  • Forgery
  • Fraud
  • Fraudulent checks
  • Hacking/computer invasion 
  • Home improvement fraud 
  • Impersonation
  • Insurance fraud 
  • Identify theft 
  • Mail fraud
  • Misappropriation
  • Procurement fraud 
  • Swindle
  • Telephone fraud 
  • Uttering
  • Welfare fraud 
  • Mail fraud

Occurs when someone unlawfully seizes, confines, inveigles, decoys, abducts, or carries away and holds for ransom or reward, by any person, except in the case of a minor by the parent thereof.   

The following are examples of specific crimes and should be reported as kidnapping (noncustodial) if perpetrated by someone other than a parent or guardian:  

  • Abduction 
  • Forcible detention 
  • Hostage-taking 
  • Kidnapping
  • Unlawful detention 
  • Unlawful restraint 

Occurs when one parent or guardian deprives another of his or her legal right to custody or visitation of a minor by unlawfully taking the child. The definition and penalties of custodial kidnapping vary by state. In some states, kidnapping occurs only if a child is taken outside of the state and/or if an existing custody order is intentionally violated.   

The following are examples of specific crimes and should be reported as kidnapping (custodial) if perpetrated by a parent or guardian:  

  • Abduction 
  • Forcible detention 
  • Hostage-taking 
  • Parental kidnapping 
  • Unlawful detention 
  • Unlawful restraint 

An intentional violent criminal act that results in physical, emotional, or psychological injury to a sufficiently large number of people to significantly increase the burden of victim assistance and compensation for the responding jurisdiction.   

May include hit and run crimes, and other vehicular assault. Do not report victimizations resulting from DUI—those should be reported as DUI/DWI. 

The following are examples of specific crimes and should be reported as other vehicular victimization: 

  • Hit and run  
  • Motor vehicle crash  
  • Reckless driving 
  • Vehicular assault 

Taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear, including carjacking.  

 The following are examples of specific crimes and should be reported as robbery: 

  • Armed robbery  
  • Attempted robbery 
  • Carjacking  
  • Robbery 
  • Strong-arm robbery 

Individuals are classified as victims of stalking or harassment if they experienced at least one of the behaviors listed below on at least two separate occasions. In addition, the individuals must have feared for their safety or that of a family member as a result of the course of conduct or have experienced additional threatening behaviors that would cause a reasonable person to feel fear.   

Stalking behaviors include: making unwanted phone calls; sending unsolicited or unwanted letters or e-mails; following or spying on the victim; showing up at places without a legitimate reason; waiting at places for the victim; leaving unwanted items, presents, or flowers; and posting information or spreading rumors about the victim on the Internet/social media, in a public place, or by word of mouth.   

The following are examples of specific crimes/activities/behaviors and should be reported as stalking/harassment:  

  • Harassment  
  • Harassing phone calls 
  • Intimidation
  • Menacing
  • Stalking
  • Terroristic threats  
  • Threatening behavior  
  • Threatening conduct
  • Threatening gesture
  • Threatening telephone call
  • Threatening words or statements

The occurrence of physical, sexual, psychological, or emotional violence within a teen dating relationship, including stalking. It can occur in person or electronically and might occur between a current or former dating partner.   

The following are examples of specific crimes/activities/behaviors and should be reported as teen dating victimization: 

  • Emotional violence 
  • Physical violence 
  • Psychological violence   
  • Sexual violence 
  • Stalking

 Domestic: The term terrorism means an activity that: 

  1. involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or any State, and 
  2. appears to be intended to:
    • intimidate or coerce a civilian population 
    • influence the policy of a government by intimidation or coercion 
    • affect the conduct of a government by assassination or kidnapping (18 U.S.C. 3077). 

International: The Antiterrorism and Emergency Reserve Fund Guidelines for Terrorism and Mass Violence Crimes refers to the term terrorism, when occurring outside of the United States, as international terrorism to mean an activity that: 

  1. involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States of any State or that would be a criminal violation if committed within the jurisdiction of the United States or of any State, 
  2. appears to be intended to:
    • intimidate or coerce a civilian population 
    • influence the policy of a government by intimidation or coercion 
    • affect the conduct of a government by assassination or kidnapping, and 
  3. occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum (18 U.S.C. 2331). 

If none of the above victimization types apply, select Other. 

The following are examples of specific crimes and should be reported as Other: 

  • False imprisonment 
  • Property crimes
    • Destruction of property 
    • Damage to property 
    • Vandalism
  • Theft
  • Violation of a court order, such as a:
    • Temporary restraining order 
    • Order of protection 
    • Harassment restraining order 
    • Final restraining order 

Victim Compensation Information

Overview

As the administrator of the Indiana Violent Crime Victim Compensation Fund, ICJI strives to assist victims, or their dependents, with certain costs incurred as a direct result of a violent crime.

The fund pays for forensic exams, outpatient mental health counseling, and limited medical expenses related to a sexual assault. Under state and federal law a victim of a sexual assault cannot be directly billed for services related to the forensic exam or the collection of evidence. If the victim was assaulted in another state but is treated in an Indiana facility, that facility must follow the laws of the state where the crime occurred.

Eligibility Requirements

Indiana Code defines a violent crime as a felony or Class A misdemeanor that results in bodily injury or death to the victim. Persons eligible for assistance from this fund include:

  • Innocent victims of eligible violent crimes, including a motor vehicle crash caused by a drunk driver;
  • A parent, surviving spouse, dependent child or other legal dependent of an innocent victim who has been killed as a result of an eligible violent crime, including a motor vehicle crash caused by a drunk driver; or
  • A person who is injured or killed trying to prevent a violent crime or giving aid to a law enforcement officer.

Other requirements include:

  • The crime must have taken place in Indiana;
  • The victim must have incurred a minimum out-of-pocket loss of $100;
  • The crime must have been reported to the police within 72 hours (Note: Victims of sexual assault do not have to report the crime to law enforcement unless they choose to apply for compensation under the Victim Crime Fund for expenses not covered at the time a forensic exam was completed);
  • The victim or survivors must cooperate in the investigation and prosecution of the crime;
  • An application for benefits must be filed no later than 180 days after the crime occurred;
  • Medical expenses must be incurred within 180 days of the crime, but can be extended under certain circumstances.
Covered Expenses

A maximum award of up to $15,000 may be available to help cover expenses resulting from any one injury or death.

Eligible crime-related expenses include:

  • Medical bills;
  • Up to $5,000 for funeral and burial or cremation expenses;
  • Up to $3,000 for outpatient mental health counseling;
  • Lost wages;
  • Under certain circumstances loss of support to legal dependants of an employed crime victim who is killed;
  • Reasonable child care services;
  • Limited attorney fees related to a successful appeal; and
  • Emergency shelter services.
Applications for benefits must be filed no later than 180 days after the crime occurred.

If you think you are eligible, please let us know, as we can help you with the application process. For more information: https://www.in.gov/cji/2333.htm