Opportunity Lost: In Search of Justice for Victims of Sexual Assault

Forster, C; Jivan, VR

Opportunity Lost: In Search of Justice for Victims of Sexual Assault

Forster, C Jivan, VR

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Publisher:: The University of New South Wales Law Journal
Publication Type:: Journal Article
Citation:: The University of New South Wales Law Journal, 2005, 28 (3), pp. 758 - 779
Issue Date:: 2005-01

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Field	Value	Language
dc.contributor.author	Forster, C	en_US
dc.contributor.author	Jivan, VR https://orcid.org/0000-0002-3139-6496	en_US
dc.date.issued	2005-01	en_US
dc.identifier.citation	The University of New South Wales Law Journal, 2005, 28 (3), pp. 758 - 779	en_US
dc.identifier.issn	0313-0096	en_US
dc.identifier.uri	http://hdl.handle.net/10453/6567
dc.description.abstract	Five children, sexually abused by a perpetrator known to them, were recently denied compensatory redress under the Victims Support and Rehabilitation Act 1996 (NSW) (`VSRA).[1] The children were unsuccessful because the NSW Court of Appeal held they had not provided evidence of their injuries. The case arose out of the introduction of `offence-based sexual assault provisions into the New South Wales criminal injuries compensation scheme. The term `offence-based refers to an approach that primarily assesses the amount of compensation on the basis of the criminal seriousness of the perpetrators conduct rather than the severity of the victims injuries.[2] The purpose of introducing an offence-based approach for this group of victims, this note argues, was to reduce the arduous nature of the application process, thereby signalling a timely recognition of the historical discrimination faced by victims of sexual abuse in accessing the scheme. The inadequate drafting of the provisions had however led to uncertainty amongst practitioners and academics alike regarding the requirement to provide proof of injury.[3]	en_US
dc.publisher	The University of New South Wales Law Journal	en_US
dc.relation.ispartof	The University of New South Wales Law Journal	en_US
dc.title	Opportunity Lost: In Search of Justice for Victims of Sexual Assault	en_US
dc.type	Journal Article
utslib.citation.volume	3	en_US
utslib.citation.volume	28	en_US
utslib.for	1801 Law	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	3	en_US
pubs.volume	28	en_US

Abstract:

Five children, sexually abused by a perpetrator known to them, were recently denied compensatory redress under the Victims Support and Rehabilitation Act 1996 (NSW) (`VSRA).[1] The children were unsuccessful because the NSW Court of Appeal held they had not provided evidence of their injuries. The case arose out of the introduction of `offence-based sexual assault provisions into the New South Wales criminal injuries compensation scheme. The term `offence-based refers to an approach that primarily assesses the amount of compensation on the basis of the criminal seriousness of the perpetrators conduct rather than the severity of the victims injuries.[2] The purpose of introducing an offence-based approach for this group of victims, this note argues, was to reduce the arduous nature of the application process, thereby signalling a timely recognition of the historical discrimination faced by victims of sexual abuse in accessing the scheme. The inadequate drafting of the provisions had however led to uncertainty amongst practitioners and academics alike regarding the requirement to provide proof of injury.[3]

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http://hdl.handle.net/10453/6567