A woman, known only as 'Sarah' to protect her anonymity, has won compensation from the Criminal Injuries Compensation Authority (CICA) in a milestone ruling.
Sarah had been subjected to domestic violence, including rape, at the hands of her husband over the course of many years.
Sarah later retracted her accusation of rape due to pressure from her husband.
She claimed compensation from the CICA. The claim was successful, but the CICA attempted to reduce her compensation because of her conduct.
First they reduced it by 40% for failing to co-operate with the prosecution when she retracted the rape charge.
They then argued for a further reduction of 30% in relation to minor driving offences.
A judge in the upper tribunal administrative appeals chamber quashed the decision to deduct 40% of Sarah’s award for non-cooperation and told the CICA to reassess the claim. He also agreed that the deduction for the driving offences should not stand, although he was unable to overturn this for technical reasons.
This means that Sarah will now receive at least 70% of the value of her claim.
We operate a free and confidential legal helpline for victims of sexual abuse, assault and rape who require advice from specialist lawyers on recovering compensation. We are experienced in dealing with CICA claims, including appeals in relation to deductions of compensation and claims made out of the usual time limit.
Call us on 0808 037 8020 or email a member of the team direct.