State Payments to Victims of Violent Crime: Discretion and Bias in Awards for Sexual Offences

Abstract

State monetary schemes for victims of violent crime began in the 1960s and operate in 35 countries today, yet knowledge is lacking on who is applying, how decisions are reached, variation in awards and why amounts may differ. Analysing 291 sexual offence cases in Queensland, we ask whether awards differ by victim sex/gender and by societal constructs of ideal, real rape, and credible victims. We found that male child victims received higher awards than female child victims for more serious sexual offences and that awards to females aged 12 and older were affected by elements associated with real rape and credible victims. We call upon researchers and governments to pursue and expand this new area of research.

The Impact of Information From Mental Health Care Providers on Decisions About State Compensation for Violent Crime Victimization

“…Another alternative explanation for our findings can be found in an Australian study by Daly and Holder (2019). This study found that male child victims received more compensation for severe sexual offences from an Australian state compensation fund than female child victims (Daly & Holder, 2019). The authors used Christie's (1986) 'ideal' victim concept to explain this finding.…”

“…. ) interpreted as ‘sex’, or caused by child seduction, as is possible for a female child victim” (Daly & Holder, 2019, p. 1115). In line with this reasoning, it can be argued that victims who add information from mental health care providers to their application are more ‘ideal’ than those who do not do this.…”

Claiming Justice: An Analysis of Child Sexual Abuse Complainants’ Justice Goals Reported during Investigative Interviews

“…We adapted coding instruments from previous justice research (Daly et al 2019). We defined justice goals as the 'child's comments or implied views about their individual justice goals.…”