Graham

James Graham (plaintiff) appeals from a judgment denying his petition for a writ of mandamus (Code Civ. Proc., § 1094.5) to set aside a decision of respondent State Board of Control (Board) which denied his application for restitution as the victim of a violent crime (Gov. Code, §§ 13959-13969.3 (hereafter the Statute); all references to sections of an undesignated code are to the Government Code.) The Statute authorizes a crime victim and specified members of the victim’s family to obtain restitution for pecuniary loss suffered as a direct result of a criminal act. (See §§ 13959, 13960, subd. (a); Cal. Code Regs., tit. 2, § 649, subd. (k).) A victim who “the [B]oard finds . . . knowingly and willingly participated in the commission of the crime” is ineligible to receive restitution. (§ 13960, subd. (c)(1).)

Plaintiff is the stepfather of Nicole B., a child alleged to be the victim of sexual molestation. Plaintiff filed an application for restitution, seeking payment for expenses he claimed were the direct result of Nicole’s molestation, i.e., for therapy to treat his own emotional trauma. (See § 13960, former subd. (a)(3) & (4).) After hearings, the Board denied…