A victim who suffered sexual abuse from her stepfather between the ages of 4 to 16 has been denied compensation as she shared a home with her abuser. The victim is challenging the “same roof rule” decision at the Court of Appeal next week.

The victim’s abuser was jailed for 14 years in 2012 for eight offences against the victim, which included rape and sexual assault. The abuse happened on a daily basis for the victim while her mother went out to work. Abuse became an everyday part of the victim’s life.

The victim has been denied compensation from the Criminal Injuries Compensation Scheme. This is a government led scheme which gives awards to victims of violent crime. Compensation was denied due to the “same roof” rule that victims of abuse who shared a home with their abuser before 1979 are not eligible for compensation under the CICA.

The Independent Inquiry into Child Sexual Abuse (IICSA) has also stated that the government should change the “same roof” rule for criminal compensation, as the rule dates back to 1964. The rule was to ensure that any compensation paid would not benefit the perpetrators of crime who lived in the same home as the victim.

However, an interim report by the inquiry states: ‘The Chair and Panel recommend that the Ministry of Justice revises CICA rules so that all applicants who previously applied for compensation in relation to child sexual abuse ‒ but were refused solely due to the “same-roof” rule ‒ should be entitled to reapply for compensation and have their claim approved by CICA.”

A legal challenge will take place at the Court of Appeal next week.

 

Jordans have a team of expert lawyers who can explain the legal technicalities of the CICA Scheme and maximise the award that you may be entitled to.

Our Child Abuse Lawyers are here to provide support and guidance at a very difficult time. Please contact the Abuse Team on our dedicated freephone number 0800 9555 094 or request a call back and one of our specialist Child Abuse Lawyers will be happy to discuss your situation in confidence.

 


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