Every state has a program to reimburse victims for lost wages, medical bills, funerals and other expenses, awarding hundreds of millions in aid each year.
But an Associated Press examination found that Black victims and their families are disproportionately denied compensation in many states, often for subjective reasons that experts say are rooted in racial biases.
The AP found disproportionately high denial rates in 19 out of 23 states willing to provide detailed racial data, the largest collection of such data to date.
In some states, including Indiana, Georgia and South Dakota, Black applicants were nearly twice as likely as white applicants to be denied. From 2018 through 2021, the denials added up to thousands of Black families each year collectively missing out on millions of dollars in aid.
The reasons for the disparities are complex and eligibility rules vary somewhat by state, but experts — including leaders of some of the programs — point to a few common factors:
State employees reviewing applications often base decisions on information from police reports and follow-up questionnaires that seek officers’ opinions of victims’ behavior — both of which may contain implicitly biased descriptions of events.
Those same employees may be influenced by their own biases when reviewing events that led to victims’ injuries or deaths. Without realizing it, a review of the facts morphs into an assessment of victims’ perceived culpability.
Many state guidelines were designed decades ago with biases that benefited victims who would make the best witnesses, disadvantaging those with criminal histories, unpaid fines or addictions, among others.
“We have this long history in victims services in this country of fixating on whether people are bad or good,” said Elizabeth Ruebman, an expert with a national network of victims-compensation advocates and a former adviser to New Jersey’s attorney general on the state’s program.
As a result, Black and brown applicants tend to face more scrutiny because of implicit biases, Ruebman said.
Many states deny compensation based on a vaguely defined category of behavior — often called “contributory misconduct” — that includes anything from using an insult during a fight to having drugs in your system. Other times people have been denied because police found drugs on the ground nearby.
In the data examined by AP, Black applicants were almost three times as likely as applicants of other races to be denied for behavior-based reasons, including contributory misconduct.
“A lot of times it’s perception,” said Chantay Love, the executive director of the Every Murder is Real Healing Center in Philadelphia.
