Rape compensation: Does a victim’s criminal record debar them from receiving money?

Rape compensation: Does a victim’s criminal record debar them from receiving money?

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Rape compensation lawyer Elizabeth Duncan looks at the criminal injuries compensation scheme regulations and considers whether a rape victim with a history of criminal convictions is entitled to receive money under the scheme.

The Government operates a  compensation scheme for victims of violent crime. This enables a rape survivor to obtain compensation for their ordeal, including money for specialist counselling and therapies, improvements to home security or the cost of moving to a new location.

However, the criminal injuries CICA scheme is regularly criticised for the way in which it deals with applications and the reasons it gives for rejecting or limiting claims for compensation.

Rape survivors have been particularly enraged by the  CICA scheme’s rule that victims of crime are not entitled to receive compensation if they have a criminal record themselves.

This rule has resulted in the rape compensation claims of hundreds of women being turned down by the CICA.

Even convictions for relatively minor criminal offences can be sufficient for the CICA to reject an application for compensation, and this has led to charges that the CICA is guilty of ‘victim blaming’.

Particular criticism has been leveled at the policy of rejecting an application or reducing the amount of an award when the criminal offence in question is directly connected to the attack. Why should the subsequent actions of a woman who has survived rape be taken into account when determining how much compensation she should receive when those actions are the consequence of the rape itself? This is patently unjust.
Whenever we deal with a rape compensation claim we strive to ensure that the women receives the compensation she deserves and we are quick to challenge any decision by the CICA which we consider to be wrong.
It is however important to note that a rape victim’s criminal record is only an issue in relation to a compensation claim under the CICA scheme. If a woman claims compensation from her attacker in the civil courts then any criminal convictions she has are not taken into account. The difficulty however is that many rapists lack the personal finances to satisfy a compensation award against them. The women who pursue a criminal injuries CICA award are normally those who cannot make a civil claim because their attacker does not have the money to pay them compensation.

We very much hope that the CICA will continue to be put under pressure to amend its rules and deal with the claims of rape survivors more fairly. In the meantime, if you have had a CICA claim rejected or reduced on the grounds of a criminal record then please fee free to contact our rape compensation helpline or email me direct at elizabeth.duncan@sleeblackwell.co.uk

 

Lee Dawkins
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