NCJ Number
169499
Date Published
1996
Length
13 pages
Annotation
This article concentrates on the difficulties confronting child victims of incest when they apply for compensation under the criminal injuries compensation legislation throughout Australia.
Abstract
Some of the problems are attributable to technical difficulties in the terms of the legislation, others are reflective of a disinclination by government to permit major awards to victims, but many find their genesis in a primitive understanding by the legal profession of the nature of the trauma caused to child victims by serial sexual assaults inflicted by trusted family members or associates. The article examines diversity among Australian criminal injuries compensation regimes; curbs on criminal injuries compensation awards; delay in applications; multiple applications; and understanding trauma. The article asserts that the key to successful criminal injury claims is proof of adverse psychiatric effects on child victims of sexual assault. The article calls for: rigorous conceptual scrutiny and cost/benefit analysis of existing compensation models; and creation of selection processes, with appropriate education if necessary, to ensure that those assessing injury as a result of crime are able to discharge their task knowledgeably, compassionately and equitably. Notes, references