Until this week, victims of abuse who lived under the “same roof” were denied the right to claim compensation against the Criminal Injuries Compensation Authority. Under the rules, victims who lived in the same home as their attacker before 1979 were not entitled to damages.
The Court of Appeal heard a tragic case involving a lady (simply referred to as JT) who presented evidence to establish that sadly she had been abused by her stepfather between the ages of 4 17. The stepfather was subsequently convicted of eight offences including rape and sexual assault in 2012.
When JT applied to the Criminal Injuries Compensation Authority for compensation, this was originally declined because of the “same roof” rule. That rule had been brought into effect to ensure that perpetrators would not benefit from the compensation paid to the victims they lived with. That rule was changed in 1979 so that child victims of domestic crimes could claim compensation but was not applied retrospectively. Although this was revisited in 2012 the rule was not abolished. The Lord Justices who heard the appeal ruled that it was unfair in general but even more unfair because JT was a child when the abuse took place and clearly had no control over where or with whom she lived.
Over 180 applications had previously been declined under the “same roof” rules and JT’s ruling now potentially provides the justice that others deserve.
Sadly, if you have been affected by similar events and/or know anyone who has, then please contact our Mr George Owens who is a Partner based at our St Austell office on 01726 879333.