The CICA has ruled that a 28-year-old man who was born severely disabled following the incest rape of his mother does have the right to seek an award of compensation.
The applicant, who suffers from epilepsy and severe learning difficulties as well as having hearing and sight problems, was born following his mother’s rape by her father
His initial claim for compensation was rejected, but his successful appeal means that his application will now be referred back to the CICA after this landmark ruling of the Upper Tribunal of the Criminal Injuries Compensation Scheme.
Legal argument centred on whether the applicant satisfied the terms of the CICA scheme. In particular consideration was given to whether he qualified for compensation given that he was not born when the crime was committed. The CICA had submitted that the use of the words “personal injury” in the rules governing the scheme made it impossible to identify an injury without there having been a person in existence who had been injured. They argued that an injury caused prior to birth (which has consequences after birth) cannot be treated as an injury to a living person. A similar line of argument had previously succeeded in cases involving children born with foetal alcohol syndrome.
The judge however ruled that there was no requirement in the CICA scheme for a victim to have been alive at the time of the crime, where the injuries for which compensation is sought were “sustained in, and are directly attributable to, a crime of violence.”
The decision is likely to have widespread repercussions. It was previously thought that people suffering from genetic disorders arising from incestuous relationships were not entitled to claim compensation from the CICA, but this ruling now clears the way for victims to seek the compensation they deserve.
If you or someone close to you has suffered genetic health issues resulting from a criminal act (including incest rape) and wishes to claim compensation on a no win, no fee basis then please call our free CICA helpline on 0333 888 0446 or send us an email.