Solicitor, Lee Dawkins, says that sex abuse victims should not be made to suffer twice for the crimes committed against them
The CICA (Criminal Injuries Compensation Authority) has hit the headlines for reducing the compensation of over 400 sex abuse victims because of their history of criminal offending.
Although the CICA is entitled to take unspent convictions into account, our fear is that they are confusing cause and effect.
Our experience as solicitors specialising in sex abuse law and criminal injury compensation claims is that victims of abuse often offend as a consequence of the terrible abuse they have suffered. Their offending (commonly involving drink, drugs, or violence) is therefore a symptom of the abuse, and it is quite wrong to use it as an excuse to reduce the compensation they are entitled to.
In addition to those who have had their compensation reduced, it is believed there are many more whose applications have been rejected altogether on the basis of criminal offences.
When challenged about the iniquity of a scheme that penalises victims for conduct arising from the very abuse they are claiming compensation for, the Ministry of Justice said there were no plans to review the CICA scheme.
The CICA’s decision to refuse or reduce compensation is supposed to reflect the harm the applicant has caused other people and cost the taxpayers money that has been wasted by the resulting prosecution.
Whilst this thinking might be appropriate for some CICA claims, the scheme really should disregard criminal behaviour that has only occurred as a result of the original crime against the victim, especially where there is expert evidence to support this.
The CICA scheme is often the only opportunity sex abuse victims have to recover compensation for the life changing impact sexual abuse can have. It’s important therefore to deal with victims fairly and not to apply a rule in circumstances where the result is manifestly unjust.
The Criminal Injuries Compensation Authority needs to urgently review its procedures to ensure that sex abuse victims are not discriminated against and made to suffer twice for the crimes perpetrated against them.
However, the CICA will increase offers of compensation where a reasoned legal case has been presented and we are proud of our track record of achieving some very substantial increases, including these cases:
- Increasing CICA compensation from £11,000 to £44,755 on review.
- Recovering £241,901 on review after an initial CICA offer of £22,000 had been made.
- Increasing an offer of £16,500 to £181,236 following a successful CICA appeal.
- Increasing the CICA’s offer of £16,500 to £174,622 on appeal.
- Recovering £79,171 on a CICA appeal after an original offer had been made of just £2,000.
If you wish to make a CICA claim on a No Win, No Fee basis, or have an award reviewed, then give our free confidential legal helpline a call on freephone 0333 888 0446 or email us.