Financial compensation for victims of child abuse

Cobley, Cathy

doi:10.1080/09649069808410250

Cited by 4 publications

(4 citation statements)

References 2 publications

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“…In this study, which was conducted among 217 victims who had successfully applied for compensation from the DVOCF, neither satisfaction with the outcome of the application procedure nor satisfaction with the course of the application procedure was associated with amount of awarded compensation. In combination these results suggest that victims who submit a request for state compensation primarily expect to receive some kind of formal public recognition for the harm they suffered (see also Cobley, 1998;Tyler & Thorisdottir, 2003). This expectation is confirmed, one might argue, by a decision which states that their request for compensation is granted, either partially or fully, and not so much by the amount of Table 2.…”

Section: Discussionmentioning

confidence: 98%

Performance Evaluations and Victim Satisfaction With State Compensation for Violent Crime: A Prospective Study

Kunst

Koster

Heugten

2015

J Interpers Violence

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Satisfaction with a particular good or service represents an affective state in response to an individual's evaluation of the performance of that good or service. This evaluation involves a comparison between perceived actual performance and prior expectations. The current study used this theoretical idea to study violent crime victims' levels of satisfaction with services provided by a Dutch state compensation scheme. One hundred and seventy-seven victims of violent crime who had applied for compensation from the Dutch Violent Offences Compensation Fund (DVOCF) participated in two brief telephone interviews: one before receipt of the fund's decision upon their request for compensation and one after receipt of that decision. Based on the theories of distributive and procedural justice, measurement of prior expectations was differentiated in expectations about receipt of compensation, treatment by fund workers, and information provision. Results suggested that satisfaction with the DVOCF depended on fulfillment of expectations about treatment by fund workers and information provision, but not on fulfillment of expectations about receipt of compensation. Other predictors of victim satisfaction were as follows: duration of the application procedure, approval upon request for compensation, and satisfaction assessed during the first interview. Results were discussed in light of theory, policy implications, study limitations, and future research.

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Section: Discussionmentioning

confidence: 98%

Performance Evaluations and Victim Satisfaction With State Compensation for Violent Crime: A Prospective Study

Kunst

Koster

Heugten

2015

J Interpers Violence

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“…Such actions have been based upon the alleged failure to adequately manage the care of a child, leading to abuse by a third party with consequent physical and/or mental damage. Cathy Cobley predicted in 1998 that tort actions against perpetrators would become more common -and it is reported that this is the case in Canada (Cobley, 1998;Felhthusen, 1997). However, it is negligence claims against third parties for failure to prevent harm that have gained public and legal attention.…”

Section: Introductionmentioning

confidence: 94%

Third party liability for child abuse: unanswered questions

Brennan

2003

Journal of Social Welfare and Family Law

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In recent years, Tort litigation in respect of child abuse has moved towards the increased imposition of third party liability. This trend has been enhanced by the House of Lords decision in Lister v. Hesley Hall which reconsidered the 'Salmond criteria' for vicarious liability for intentional torts in the light of jurisprudence from the Supreme Court of Canada. In English courts, judicial reasoning in this area has been driven predominantly by legal principle rather than by policy considerations. Until the latter are articulated, the reality behind, and the implications for practice of, the trend towards third party liability for child abuse cannot be fully understood.

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“…Fixed awards, as occur under the tariff system in Britain, ensure consistency but have their own kind of arbitrariness. In Britain also, compensation is awarded according to the perceived seriousness of the offence and its frequency rather than an assessment of the severity of the sequelae (Cobley, 1998). Such an approach assumes, as does the Victims Compensation Act 1996 in New South Wales, that there is some correlation between the seriousness of the offence and the harm caused.…”

Section: Implications For the Structure Of Victims Compensation Schemesmentioning

confidence: 99%

“…Because public funds are limited, statutory schemes have an upper limit of compensation and in some jurisdictions may only be provided when no other form of compensation is available (Miers, 1985). Various justifications have been offered for these schemes (Ashworth, 1986;Cobley, 1998). Such schemes have been explained as an expression of support and assistance to the victims rather than compensation for the full amount of loss (Duff, 1995;Miers, 1983).…”

Section: Introductionmentioning

confidence: 99%

Statutory Compensation for Victims of Child Sexual Assault: Examining the Efficacy of a Discretionary System

Swanston

Parkinson

Shrimpton

et al. 2001

International Review of Victimology

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The purpose of this study was to ascertain the relationship between certain victim and offence characteristics and the award of statutory compensation for victims of child sexual abuse, in a system which conferred a complete discretion concerning awards of compensation up to certain monetary limits. METHODRecords of the Victims Compensation Tribunal in New South Wales, Australia were searched for applications for compensation by 183 sexually abused children who presented to Sydney hospitals in [1988][1989][1990]. The young people were followed up at 18 months, five years and nine years after study intake and psychological and behavioural outcomes were assessed. Applications were made by 38 children. Relationships between the size of the award and characteristics of the index sexual abuse were explored, as well as procedural and evidentiary aspects of the claims. The ability of the size of the award to predict short-and long-term behavioural and psychological outcomes was also examined. RESULTSNone of the characteristics of the sexual abuse, and none of the procedural and evidentiary aspects of the claims were related to the size of the award. The size of the award was not significantly related to any of the 18 month or nine year follow-up variables. Of the five year follow-up variables, the size of the award was inversely related to sadness and depression scores and anxiety. It is concluded that discretionary systems are not suitable in determining levels of compensation for child sexual abuse.

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Financial compensation for victims of child abuse

Cited by 4 publications

References 2 publications

Performance Evaluations and Victim Satisfaction With State Compensation for Violent Crime: A Prospective Study

Performance Evaluations and Victim Satisfaction With State Compensation for Violent Crime: A Prospective Study

Third party liability for child abuse: unanswered questions

Statutory Compensation for Victims of Child Sexual Assault: Examining the Efficacy of a Discretionary System

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