(1) Contribution. To the extent the victim's acts or conduct provoked or contributed to the victim's injuries, the Agency may reduce or deny the award to the claimant or claimants.

1. (a) Definition of Contributory Conduct. Contributory conduct is intentional conduct, willingly and knowingly engaged in by the victim, that is both a direct cause, and a proximate cause, of the victim's injuries.

2. (b) Circumstances that, in general, do not warrant the denial or reduction of an award based on contributory conduct include:

   1. 1. acts of negligence or poor judgment such as entering a motor vehicle operated by an intoxicated person;
   2. 2. crimes in which the victim is a victim of sexual assault;
   3. 3. acts of self defense or defense of others;
   4. 4. acts attributable to reasonable efforts by the victim to aid a crime victim, to prevent a crime from occurring in their presence, or to apprehend a person who has committed a crime in their presence.

3. (c) Circumstances that may warrant a reduction or denial of an award based on contributory conduct include:

   1. 1. crimes in which the victim deliberately provoked the offender by means of fighting words, racial or other bias-motivated taunting, or by threats coupled with overt actions indicating the victim's intent to carry out the threat and the victim significantly escalated a physical altercation with the offender;
   2. 2. crimes in which the victim acted as an accomplice to the offender;

4. (d) If the Agency finds that a victim knowingly and willingly engaged in intentional conduct that was a direct cause of the victim's injuries, the Agency shall determine the proximate cause of the victim's injuries and may deny, reduce or allow the award as follows:

   1. 1. if it was reasonably foreseeable that the victim's contributory actions would result in injuries of the type and nature sustained, the claim shall be denied (e.g. an implicit or explicit agreement to fight, in which a physical altercation ensued resulting in mutual injuries).
   2. 2. if it was reasonably foreseeable that the victim's contributory conduct would result in injuries to the victim, but it was not reasonably foreseeable that the victim's actions would result in injuries of the nature and type sustained by the victim, the award may be reduced by 50%.
5. 3. if the victim's injuries were not reasonably foreseeable, the award shall not be reduced or denied even though the victim's actions were an actual and direct cause of the injuries.

(2) Unjust Enrichment.

1. (a) A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender.
2. (b) In no event shall a claimant be denied compensation solely because of the claimant's or the victim's familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender.