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12/08/2008
Rape Victim Wins Appeal Over 'Booze' Compensation Cut
A woman who suffered rape five years ago has successfully opposed a decision to have her compensation cut by a quarter - because she had been drinking.
The victim, who was 25 when she was raped, had been originally told by the Criminal Injuries Compensation Authority (CICA) that the standard £11,000 award would be cut to £8,250 because she was drinking before the attack took place.
The woman, who cannot be named for legal reasons, said the decision to cut her award "felt like a slap in the face".
The CICA said that the reason for the reduction was that "the evidence shows that your excessive consumption of alcohol was a contributing factor in the incident".
The woman, whose attacker has never been caught, had also complained to the Metropolitan Police about the way her case was handled.
Her complaint resulted in two members of the force being disciplined and an offer of apology to the victim.
Her lawyer, Debaleena Dasgupta, successfully argued that it was wrong to regard alcohol consumption as a contributing factor in rape cases as it implied that the victim was in some way responsible.
Ms Dasgupta said she had been "appalled" by the decision.
"It was immoral. My immediate reaction was there has got to be some way to fight this," she said.
The CICA acknowledged its rules had been applied wrongly in 14 other cases, where compensation awards had been cut because the victims had been drinking.
Ms Dasgupta's client has now won the full £11,000 award.
Lisa Longstaff, of Women Against Rape, said the original decision by the CICA was "symptomatic of the blame culture" experience by rape victims.
Ms Longstaff said "it's very important for women who've been victims of rape to get compensation because often it's the only acknowledgement you are going to get that you have been a victim of crime, given that the conviction rate in this country is only 6%".
A spokesman for the CICA said "a review of our staff instructions, operating procedures and structure" had been completed to "ensure greater consistency in decision making".
Justice Minister Bridget Prentice said: "It is not our policy to reduce the level of award to a victim or rape due to alcoholic consumption.
"It is never an individual's fault if he/she get raped; regardless of how much he/she has drunk," she said.
The CICA deals with around 60,000 rape cases a year.
(DS)
The victim, who was 25 when she was raped, had been originally told by the Criminal Injuries Compensation Authority (CICA) that the standard £11,000 award would be cut to £8,250 because she was drinking before the attack took place.
The woman, who cannot be named for legal reasons, said the decision to cut her award "felt like a slap in the face".
The CICA said that the reason for the reduction was that "the evidence shows that your excessive consumption of alcohol was a contributing factor in the incident".
The woman, whose attacker has never been caught, had also complained to the Metropolitan Police about the way her case was handled.
Her complaint resulted in two members of the force being disciplined and an offer of apology to the victim.
Her lawyer, Debaleena Dasgupta, successfully argued that it was wrong to regard alcohol consumption as a contributing factor in rape cases as it implied that the victim was in some way responsible.
Ms Dasgupta said she had been "appalled" by the decision.
"It was immoral. My immediate reaction was there has got to be some way to fight this," she said.
The CICA acknowledged its rules had been applied wrongly in 14 other cases, where compensation awards had been cut because the victims had been drinking.
Ms Dasgupta's client has now won the full £11,000 award.
Lisa Longstaff, of Women Against Rape, said the original decision by the CICA was "symptomatic of the blame culture" experience by rape victims.
Ms Longstaff said "it's very important for women who've been victims of rape to get compensation because often it's the only acknowledgement you are going to get that you have been a victim of crime, given that the conviction rate in this country is only 6%".
A spokesman for the CICA said "a review of our staff instructions, operating procedures and structure" had been completed to "ensure greater consistency in decision making".
Justice Minister Bridget Prentice said: "It is not our policy to reduce the level of award to a victim or rape due to alcoholic consumption.
"It is never an individual's fault if he/she get raped; regardless of how much he/she has drunk," she said.
The CICA deals with around 60,000 rape cases a year.
(DS)
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