Child sex abuse victim receives apology after being refused compensation because he ‘consented’ – Daily Telegraph

Posted November 8th, 2017 in consent, criminal injuries compensation, news, sexual offences, victims by tracey

‘A victim of child sex abuse denied compensation by a Government agency because it said he “consented” has now received an apology.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Sex abuse victims ‘failed’ by criminal payout scheme – BBC News

‘The Criminal Injuries Compensation Authority is to be investigated over concerns it is failing child sex abuse victims, the Victims’ Commissioner has told 5 live Investigates.’

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BBC News, 1st October 2017

Source: www.bbc.co.uk

Female victims of violent crime ‘should receive more compensation’ – Daily Telegraph

Posted August 11th, 2017 in criminal injuries compensation, news, victims, women by tracey

‘Women should get more compensation after being a victim of crime because they are more negatively affected by it, a study has suggested.’

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Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk

Sexually abused children as young as 12 refused compensation on grounds they ‘consented’, warn charities – The Independent

‘Sexually abused children as young as 12 are being refused compensation by a Government agency on the grounds that they “consented” to their abuse, charities have warned.’

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The Independent, 18th July 2017

Source: www.independent.co.uk

Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

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Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

Disabled man born from incestuous rape denied compensation – The Guardian

Posted March 15th, 2017 in compensation, criminal injuries compensation, incest, news, rape by tracey

‘A disabled man born with a serious genetic disorder, due to an incestuous rape, has failed to obtain compensation for his medical condition.’

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The Guardian, 14th March 2017

Source: www.guardian.co.uk

Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

Rape victims shouldn’t have to pay for their own justice through the civil courts – The Independent

‘The jury in a criminal case must believe the accused is guilty ‘beyond reasonable doubt’, meaning that a victim can be believed and yet a ‘not guilty’ verdict is still returned. This is part of the reason that many cases never reach trial: the police or CPS think the evidence may not fulfil the tough requirements of the criminal courts.’

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The Independent, 18th January 2017

Source: www.independent.co.uk

Successful compensation appeal by rape victim – UK Human Rights Blog

‘The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.’

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UK Human Rights Blog, 22nd August 2016

Source: www.ukhumanrightsblog.com

Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

PJV v Director of Adult Social Care Newcastle City Council and another – WLR Daily

PJV v Director of Adult Social Care Newcastle City Council and another: [2015] EWCOP 87; [2015] WLR (D) 560

‘There was no need for an application to the Court of Protection to finalise an award to an incapacitated person that the Criminal Injuries Compensation Authority decided should be held on trust, since a deputy appointed by the Court of Protection could be authorised to negotiate and finalise the terms of such an award.’

WLR Daily, 18th December 2016

Source: www.iclr.co.uk

Criminal courts charge denied compensation to rape victim, MPs told – The Independent

‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’

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The Independent, 27th October 2015

Source: www.independent.co.uk

In sexual assault cases, the idea of the ‘perfect victim’ is pernicious – The Guardian

‘Compensation has been reduced for sexual assault victims who have criminal convictions. But we need to stop insisting that traumatised people should be model citizens.’

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The Guardian, 7th August 2015

Source: www.guardian.co.uk

Hundreds of UK sex abuse victims lose compensation for committing crimes – The Guardian

‘Hundreds of sexual abuse victims have had their compensation payments reduced after committing crime themselves, according to figures.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) – WLR Daily

Regina (LHS) v First-Tier Tribunal (Criminal Injuries and Compensation) [2015] EWHC 1077 (Admin); [2015] WLR (D) 181

‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’

WLR Daily, 21st April 2015

Source: www.iclr.co.uk

Rape victims with petty convictions denied compensation – The Guardian

‘The Criminal Injuries Compensation Authority routinely refuses to make awards to women who have committed minor offences.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

Lee Balkwell concrete mixer death: Family awarded £12,000 – BBC News

‘The family of a man found dead in a concrete mixer in Essex has been awarded £12,000 in compensation.’

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BBC News, 30th January 2015

Source: www.bbc.co.uk

Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child) v First Tier Tribunal (Criminal Injuries Compensation) – Zenith PI Blog

‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.

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Zenith PI Blog, 9th December 2014

Source: www.zenithpi.wordpress.com