Anne B. v. State Board of Control

Petitioner/appellant Anne B. (appellant) appeals from the denial of her petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5) and for declaratory judgment (Code Civ. Proc., § 1060) that she is entitled to benefits under the Victims of Violent Crime Act (Act), Government Code section 13959 et seq. Appellant requested benefits before respondent State Board of Control (Board), the agency charged with approving or denying applications for financial assistance under. the Act. (§§ 13960, subd. (d), 13964.) Upon hearing and subsequently rehearing appellant’s claim, the Board denied her benefits. For reasons hereafter set forth, we reverse.

According to a report by the El Cerrito Police Department, on June 12, 1981, Percy P. assaulted, raped, and attempted to orally copulate and sodomize appellant. He threatened to kill her daughter and her friends. He stayed through the night, demanding that appellant not use the phone, and left the next morning. Appellant reported the offense to the police in the early evening of the 14th. The police report indicated that appellant complained of soreness in her ribs and shoulders, and that a doctor’s examination at sexual…