- Conference
- 2005 National Women's Conference
- Date
- 19 October 2004
- Decision
- Carried
Conference notes that child victims of sexual abuse are entitled to compensation from the Criminal Injuries Compensation Authority (CICA). Such compensation is particularly relevant to women who are the main victims of child sexual abuse. However this compensation is subject to certain conditions, primarily:
1) that offences must be reported to the police; and
2)that claims must be submitted to the CICA within three years of the victim reaching the age of 18.
The CICA has power to waive this statute of limitations rule on claims being submitted within this three year period, but usually chooses not to do so. In the early 1990s a precedent was set in the high court when they upheld a decision of the then Criminal Injuries Compensation Board, the forerunner of the CICA, to refuse a valid waiver thereby depriving a legitimate claimant, with good reason for a late claim, from receiving compensation. There is no similar statute of limitations on criminal prosecutions.
Furthermore, legal aid is not available for CICA claims so applicants will have to pay any costs incurred. Since women are the majority of those in the low income bracket they are unlikely to be able to afford legal advice and may not therefore submit a claim. But if they do proceed and are successful they will have their claim reduced by the cost of any legal advice provided under the greenform scheme which offers limited free advice for such claims. Conference believes this is both a disincentive and insult to applicants and contributes to the specific disadvantage to women in these CICA rules.
Conference therefore instructs the National Women’s Committee to work with the National Executive Council and Labour Link to:
a)seek the support of the UNISON Parliamentary Group for the abolition of the statute of limitations on CICA claims and to have claims to the CICA included in the Legal Aid Scheme;
b)publicise information on claims to the CICA by child victims of sexual abuse;
c)report back to Women’s Conference 2006.