Man born with severe disabilities as a result of incestuous rape has won the right to claim compensation.
- June 4, 2016
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A recent landmark decision by the Upper Tribunal has overturned a Criminal Injuries Compensation Authority decision not to make payment to a man, identified only as Y, who has epilepsy, severe learning difficulties and audio and visual problems all resulting from his conception being the rape and impregnation of his mother by her birth father.
The CICA initially sought to reject the application for an award of compensation on the grounds that the use of the words “personal injury” in their natural meaning meant that there must have been a person in existence who had been injured at the time the crime was committed. They stated that, at the time of the rape, as Y did not exist as a person he was not entitled to apply for an award.
Judge Levenson of the Upper Tribunal did not agree and referred the matter back to the CICA ordering them to consider the matter further. The Judge ruled that the scheme provided compensation to be payable where, “at the time of the claim the Applicant is a person”. He stated that the scheme made no provision that the Applicant must have been a person at the time the crime of violence was committed.
This is a great leap forward for the rights of those born with genetic disorders as a result of incestuous relationships.
Cohen Cramer Solicitors are expert at dealing with Applications to the CICA for the victims of crimes of violence including rape and sexual assault.
To find out how we can help please get in touch with us today.
Call: Mike Massen on 0113 224 7804