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

Abstract

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.

Offender and state compensation for victims of crime

“…Almost without exception, the United States' schemes will in these circumstances either exclude altogether or reduce any compensation that might be payable. Although there is a broad consensus that the victim's delinquent conduct at the time of the incident constitutes a good reason for the rejection of claims or reductions in awards À at least where the victim is an adult (Swanston et al, 2001) À there are opposing views on the question whether 'a life of crime' should also result in affecting the victim's eligibility. Although they all have provisions permitting reduction or refusal for delinquent conduct, only six of the 24 European Union Member States having such schemes that responded to a European Commission research project conducted during 2007 provided for reduction or denial of compensation for a life of crime (Matrix Insight, 2008: para.…”

Money justice

“…However, except for Daly and Holder (2019) and Miers (2019), these terms have only been empirically applied to victims in criminal justice, not to decisions to award payments to victims. 8 With notable exceptions (e.g., Chamallas, 2005;Daly & Holder, 2019;Goodman, 2017;Miers, 2019;Renaud, 2018;Swanston et al, 2001), extant research on money justice and inequalities is scant in both criminology and allied fields.…”

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

“…During the study period, 6 sexual assault of an adult received the highest average award (AU$21,298) followed by sexual assault of a child (AU$15,618) (Salmelainen 1993: vi). Swanston et al (2001) is the sole study to have examined factors associated with awards. Decisions under the NSW 1987 Act were analysed for 32 child sexual abuse cases.…”

“…Variation may arise from two sources, which may co-occur. One is individual decision-maker differences, like that observed by Swanston et al (2001) and Newburn (1989), in which monetary outcomes vary by decision-maker. The second is a more patterned or consistent societal bias (both positive or negative) toward certain victims and contexts of victimisation.…”