Financial compensation for victims of child abuse

Abstract

This article focuses on the provision of financial compensation for victims of child abuse, considering the objectives of compensation and who should be required to pay. Although, in the past, comparatively few claims for compensation were made, in recent years there has been a rise in the number of cases where the question of compensation has arisen. Victims may seek compensation from several sources. They may claim compensation from the state via the criminal injuries compensation scheme, or the abuser personally may be required to pay, either by a criminal compensation order following conviction or as a result of civil proceedings brought by the victim. Alternatively, the victim may turn to a third party, such as a non-abusing parent or local authority, who has failed to prevent the abuse. Each course of action presents its own specific hurdles which must be overcome if the victim is to succeed. It is suggested that the primary responsibility for compensation should rest with the abuser, with compensation from public funds occupying a subsidiary position in cases where the abuser does not have the means to pay.

Key Words:

• child abuse
• financial compensation
• criminal injuries compensation scheme
• limitation of actions
• third-party liability