Know your rights – criminal injuriecompensation

1. Introduction

Anyone raped has their lives destroyed, the mental consequences are enormous, and many victims suffer physical injury as well. Not only are victims’ lives shattered, both physically and mentally, but they often end up with major social problems, many drop out of work, etc. There is no way that compensation can go any way towards compensating for the pain and suffering of victims, but financial compensation can help to make their everyday lives that little bit easier. Rape victims can apply for criminal injuries compensation from the Criminal Injuries Compensation Board. It is often difficult for rape victims themselves to apply for such compensation. In that case, it is important to know that victims can often receive free assistance from a counsel for the aggrieved party or a lawyer through the legal aid scheme.

2. What is criminal injuries compensation?

Criminal injuries compensation is compensation paid by the state to the victims of crimes which adversely impact upon their life, health or freedom, such as rape, other abuse, etc.
It is possible to get criminal injuries compensation even if the attacker is not convicted of/sentenced for rape. This may be the case, for example, when the vase is dropped due to insufficient evidence (there are stricter standards of proof in criminal cases than in civil cases). It is possible to receive compensation even if the attacker is unknown.

Criminal injuries compensation is granted for violent acts, etc. committed in Norway. However, compensation may also be paid in certain instances where the incident took place abroad, if the injured party had close links with Norway at the time the injury was sustained, and the country where the attack took place has no equivalent arrangement concerning compensation.

Criminal injuries compensation may be applied for concerning attacks that took place in or after 1975. Even if many years have passed since the incident, the case for compensation will not necessarily be out of time. It is important to apply for compensation for older cases, too. For cases prior to 1975, applications must be submitted to the Justice Secretariats for ex gratia payments.

Criminal injuries compensation is not something that is granted automatically: you have to apply for it. You have to fill in a specific form in this respect. Your application must be submitted to the Criminal Injuries Compensation Board (www.voldsoffererstatning.no).

3. What are the conditions for criminal injuries compensation?

You have to meet certain requirements to get criminal injuries compensation. The applicant must have sustained an injury as a consequence of criminal acts which adversely impact upon life, health or freedom. Personal injury may include physical and mental injury/suffering. This is the situation for women who have been raped.

Criminal injuries compensation is paid if there is a clear likelihood of the injured party having been the victim of violence, etc. Therefore, it is important to attempt to secure evidence in such cases, although this can often be difficult in these kinds of cases. Anyone who has been raped should contact the rape clinic. In addition, you should contact a doctor, both for medical assistance and to ensure that the incident/injury is added to your case notes. Even if the rape victim has no physical evidence or witnesses, etc., the person in question will be able to substantiate the incident in other ways, e.g. by means of an assessment/specialist declaration from a psychologist, etc.

With regard to criminal injuries compensation, it is very important to make sure the rape is reported to the police as quickly as possible. For attacks which took place prior to 2008, the criminal incident must have been reported to the police with no unnecessary delay, with a request for charges to be brought, and this request must not be withdrawn later. A specific assessment must be carried out regarding whether the case is to be viewed as having been reported to the police “without unnecessary delay”, but as a main rule reports must be filed within a few days of the criminal act taking place. However, it is important to emphasise that exceptions are made in individual cases. This is true, for example, if the rape victim is in a relationship of dependency with the perpetrator, e.g. if the perpetrator is a family member or if the rape victim is a minor. With regard to attacks which have taken place in or after 2008, it is sufficient to report the matter to the police (in other words, there are no supplementary requirements in these cases which indicate that the matter has to be reported quickly following the attack).

An application for criminal injuries compensation must be submitted before the claim for compensation against the perpetrator is time-barred in accordance with the rules laid down in the Act relating to the limitation of claims. However, it is sufficient for the application for criminal injuries compensation to be submitted before the perpetrator’s criminal liability is time-barred in accordance with the rules laid down in the Penal Code, or before the claimant reaches 21 years of age. The limitation periods in the Penal Code are dependent upon the type of violence/sentencing framework.

4. What kind of compensation is given?

Criminal injuries compensation for rape covers:

• incurred and future expenses
• incurred and future loss of income
• damages for permanent injury
• aggravated damages
• compensation for loss of breadwinner

Criminal injuries compensation has upper and lower limits. No compensation is paid for losses of less than NOK 1000. The upper limit at present is 20 times the base amount for each instance of harm. 20 times the base amount as at 16 October 2008 amounted to a total of NOK 1,405,120 (the maximum amount was lower previously).

Rape victims may claim compensation for relevant and necessary incurred and future expenses. What can be covered has to be assessed specifically in each individual case. It may be appropriate to claim compensation for expenses for a doctor, hospital, psychologist, medicines, treatment expenses, travel expenses, etc. Destroyed clothing, etc. is often also covered.

In addition, rape victims can claim compensation for current and future loss of earnings. Loss of income is calculated specifically on the basis of income prior to the incident, with deductions for any public benefits, etc. (e.g. social security benefits), which are then adjusted in respect of tax, etc.

Damages for permanent injury “for permanent and significant injury of a medical nature” may be paid, where the medical type and scale of the injury are taken into account, along with its significance to the life of the victim. Damages for permanent injury may also be paid for mental afflictions/torment following rape. By “permanent” damage, it is meant that the damage must be of a specific duration, while “significant” damage means that the medical invalidity must normally stand at 15 % or more. Compensation is calculated on the basis of medical invalidity (the extent of the injury) and the age of the sufferer. Medical invalidity is normally determined by a doctor/psychologist on the basis of an invalidity table laid down by the Ministry of Health and Social Affairs.

Rape victims can claim aggravated damages. Aggravated damages are a form of compensation for pain and suffering, plus other violation or damage of a non-pecuniary nature. During assessment, the incident, injuries, consequences, etc. will all be taken into account.

In the event of death following abuse, etc., the dependant(s) who were cared for by the deceased, such as spouses/cohabiting partners and children, may claim compensation for loss of their breadwinner.

5. Assistance with cases of violence/abuse

If you need – or know anyone who needs – help to apply for criminal injuries compensation, you can contact DIXI. They can help you get in touch with Salomon Johansen AS. In this way, you can get help from an experienced lawyer to apply for criminal injuries compensation, and possibly other assistance as well (such as when issuing criminal proceedings against the perpetrator, for example). Rape victims are initially normally entitled to free counsel and/or a lawyer through the legal aid scheme. Of course, lawyers are also bound by a duty of confidentiality.

Lawyer Thomas Benestad
Salomon Johansen AS
e-mail: benestad@advtt.no

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