Press Release: Criminal injuries compensation awards – rules designed to exclude rape victims
PRESS RELEASE . . . PRESS RELEASE . . . PRESS RELEASE . . . PRESS
Women Against Rape says hundreds of vulnerable victims of rape and other sexual offences are denied statutory help as a result of rules designed to exclude as many victims as possible from compensation.
The new figures we release today come from an analysis of victims we helped to apply to the Criminal Injuries Compensation Authority (CICA) or to appeal a refusal in the past five years (2012-2017). We found that victims often cannot apply without help through complex and rigid rules, and that many are so traumatised by the CICA refusal that they don’t appeal.
Of 75 applicants, 20% were refused any award. In most cases the refusals were made despite the attacker having been jailed for the rape. In other cases, women were unable to get their attacker jailed and this was used to refuse them compensation, despite CICA needing a lower standard of proof (on the balance of probabilities) than that required for a criminal conviction (beyond reasonable doubt).
In half these cases, the rules had been set by Parliament, leaving CICA officials no discretionary power, whatever the circumstances. These rules are:
1. “Same Roof Rule”: Victims raped before 1 October 1979 by someone living in their household are not entitled to compensation. Five (6.6%) of the women we worked with were refused under the Same Roof rule. Nationally, 174 such claimants have been refused since 2012. (FOI question, 2017.) These are truly distressing refusals; mostly of people who were raped as children by their own father. Most of them recently got their attacker jailed, after years of suffering, but despite this are still denied compensation.
Alissa Moore, who waived her anonymity, was denied an award because she moved out of the family home before October 1979, thus ending her father’s abuse. She said that when she was refused an award in 2015, “I was so crushed and shocked, it took me a couple of years to recover.”
Another woman’s Same Roof case is listed for the Court of Appeal on 13-14 June.
2. Victims with criminal convictions are often refused compensation – 11% of applicants we helped had been refused or suffered a substantial reduction of compensation under this rule. Nationally, figures obtained by Harriet Agerholm of The Independent show at least 398 victims of sex abuse have been refused payments since January 2015 because they had been convicted of a crime.
Kim Mitchell waived her anonymity when she was refused an award some months ago, for sexual assault when she was eight by her teacher. This refusal was based on an unspent conviction – she was given a community sentence for threatening her employer who had withheld a substantial amount of wages due. She said, “I didn’t commit a crime aged eight. The disbelief and injustice I faced has been just as traumatizing as the assault itself.”
Among other cuts to the Scheme in 2012, Parliament made rules even more punitive. Now, applicants can’t get compensation if they have any unspent criminal conviction, even for minor offences such as not paying a TV license, underage drinking, or a minor altercation – offences not serious enough to send one to prison. This is punishing very vulnerable victims who were raped or sexually assaulted as children, like Kim Mitchell. It is unjust to deny compensation for the violent crime of rape for such minor misdeeds. Rape victims are punished twice: first by criminal proceedings against us, and then by the compensation scheme. Imagine if everyone with a minor conviction was suddenly refused NHS treatment, housing or schooling!
An interim report from the Independent Inquiry into Child Sexual Abuse released in April recommended that the Same Roof Rule be abolished and that criminal convictions resulting from abuse should not be used to deny compensation.
In the other half of our cases, victims fell foul of CICA’S harsh discretionary and biased decision-making. Echoing Theresa May’s hostile environment for immigrants, decisions at CICA have similarly become less compassionate, under the 2012 drive to cut costs. So much for government claims to support victims of domestic and sexual violence.
Rules that give CICA wide discretion are often used in a discriminatory way against victims of sexual crime, such as:
• being deemed to have consented to sex with an adult man despite being well below the age of consent (a 2017 campaign forced them to stop this);
• not applying within the two-year limit;
• pulling out before trial (called “not co-operating with a prosecution”);
• being disbelieved, sometimes on the basis of hostile police evidence following a careless or biased investigation.
Last year Dr Olivia Smith, of Anglia Ruskin University, published research having interviewed 25 independent sexual violence advisers (ISVAs) who had helped thousands of rape victims. Like us, Smith found that eligibility rules “impact more on vulnerable survivors.”
Immoral conduct like soliciting should not be used to reject claims, but some of the ISVAs Smith spoke to said this regularly occurs. Sex workers are among those who face social stigma, including at CICA. This echoes our experience that prejudiced CICA officers can unfairly deny victims of violence an award. While some victims are considered blameless, others are held partly responsible for being attacked, labelled “bad conduct” by CICA. This is just victim-blaming, with judgements dividing women into “good” and “bad” victims. Nobody should be blamed for sexual violence against them.
WAR’s campaign for change represents hundreds of victims across the UK, and their supporters. Spokesperson Lisa Longstaff said,
“There is ample evidence of a pattern of discrimination against victims of sex crimes. We can’t allow this institutional injustice to continue. In campaigning together, survivors learn about each other’s cases, make connections and find they are not alone in having been refused. We spoke out when Parliament harshened the rules in 2012. Now it must revoke them.”
We win 95% of claims on first application or on appeal, but many women have nobody to help them. WAR wrote to the government in July raising five punitive rules under which victims of rape are unjustly refused compensation. The MOJ replied that it has no plan to address these issues. However, last year they backed down following a public outcry after five national charities publicised that CICA had denied compensation to over 700 people raped when they were under 16, claiming they had consented, despite being under the legal age of consent.
In the age of #MeToo and #Time’s Up social media campaigns, government claims to care about sexual and domestic violence are not credible. We have sent an Open Letter signed by over 20 organisations and over 40 lawyers, academics and other individuals calling on government to ensure compensation is no longer denied to victims of rape and other violence.
NOTE to Editors: Since 1964, CICA has administered State payments to victims of crime, providing cash help according to their injuries. Given that the conviction rate for reported rape is just 6%, compensation may be the only official acknowledgement available to most victims. Official acknowledgement is vital for healing and future wellbeing. The money can help with costs resulting from injury, for example, specialist health treatments. CICA’s total spending has dropped significantly – from £440m in 2012 to £143m last year. [Source: The One Show, BBC TV, 20 March 2018]
1. The Rule was overturned but was not made retrospective for crimes that occurred before 1 October 1979.
2. The introduction to the online guidance for the 2012 Scheme says it is to compensate “blameless victims of violent crime”.
Recent cases in which WAR assisted victims to appeal and to speak out
Kim Mitchell was refused compensation for sexual abuse by her teacher when she was eight. CICA said her minor unspent conviction made her ineligible. On review, CICA upheld its refusal.
Alissa Moore, whose father was jailed in 2015 for 24 years for multiple child rape, was refused compensation as the crimes were before 1 October 1979 when they lived in the same house (‘Same Roof’ rule). Her sister whose abuse continued after 1 October 1979 won compensation.
Ms A, now in her 50s had been raped at age 13 by her adult brother, and she bore a severely disabled child. Years later (after their mother died) she reported it, and on DNA evidence the man got a 25 year sentence. She was refused compensation as they briefly lived in the same house at the time of the rape (‘Same Roof’ rule). An appeal upheld the refusal.
In 2016 WAR gave evidence in a path-breaking judicial review that overturned a 40% reduction made to a woman who had pulled out before the trial of her rapist husband under pressure. She had been jailed for perverting the course of justice for what the CPS called a ‘false retraction’. CICA had ruled that she failed to cooperate with the prosecution by retracting her truthful complaint of rape. The Guardian reported, ‘“We hope the CICA will accept the significant trauma this crime has caused,” said David Malone, the barrister, who acted pro bono, along with Adrian Waterman QC and solicitor Mike Hayward at Woodfines.’ He said the case clarified the law for CICA and ‘…Never again should the CICA put victims in the same position.’ However, the judge was unable to reinstate a further 30% reduction for two minor driving convictions in the traumatic months after her release from prison.
In 2015 WAR represented Ms B at a judicial review to challenge judgements by the police and the CICA appeal panel dismissing rape as ‘rough sex’. She had suffered injuries from the rape. The judge upheld her right to compensation, and sent it back to CICA for another hearing, but she was too traumatised to continue and withdrew.
A girl with mental health problems aged 13 was raped by an adult man who plied her with vodka. She had been deemed by the CICA to have consented, although she was below the legal age of consent and he had been convicted of giving alcohol to a minor. At her appeal the police gave evidence against her, and she was cross examined aggressively by the CICA lawyer. She was suicidal. We made a formal complaint. With the help of Duncan Lewis solicitors this refusal was overturned at judicial review, and she finally won an award.
A young woman raped by a cab driver was denied 30% of her compensation award as she had been later prosecuted for driving while marginally over the drink-drive limit. With our help on appeal the reduction was lowered to 20%.
Ms C who delayed applying to CICA until the trial process was over had been denied compensation because it took her over CICA’s two year limit. It is common for rape trials to take over two years to conclude. Police generally advise women to wait, as defence lawyers often raise compensation as a motive to lie. WAR helped her appeal, and she won.
Ms D whose domestic rape had not been investigated properly complained to the police. Unusually, the complaint was upheld. She was refused compensation on grounds that the CPS had ruled there was insufficient evidence to take it to trial. On appeal, she argued that the CICA is supposed to apply a lower standard of proof than the CPS and courts. She won on appeal.
We helped Ms E to fill in the application form, as she was too traumatised to do it. She won an award. Her foster father ran a children’s home, and had raped her over many years as a young child. She said, “Why do I have to prove myself to CICA, when my rapist was convicted?”
Ms F was raped by her date. She did not report it at the time as she assumed she would not be believed. She came forward when he was convicted of violence against two other women. But the investigating police officer made sexual advances to her, and she was too traumatised to continue, so she withdrew from the investigation. When she applied to CICA they refused her any award because she had failed to co-operate with the prosecution. We helped her appeal, but our written submission in her support did not succeed. She got nothing.
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