Andrea Jenkyns – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Andrea Jenkyns on 2016-03-07.

To ask the Secretary of State for Justice, whether juvenile victims of incestuous sexual abuse are eligible to claim criminal injury compensation; and what limitations apply to that eligibility.

Mike Penning

We deeply sympathise with anyone who has been a victim of crime. Some victims of incestuous sexual abuse may be eligible for compensation under the Criminal Injuries Compensation Scheme which awards taxpayer-funded payments to victims who are seriously injured as a result of violent crime.

From 1964 to 1979 the scheme did not allow compensation to be awarded where the offender and victim lived in the same household as members of the same family. The so called ‘same roof rule’ was part of the original scheme and was introduced to stop offenders benefiting from compensation paid to victims who lived with them. It was amended in 1979 so the restriction only applied to adults who remained living together after the incident. This was to protect payments to the most seriously injured victims of crime, while reducing the burden on the taxpayer. The changes to the ‘same roof rule’ were not applied retrospectively. This decision was consistent with the general Government approach that rule changes apply to future claimants, rather than in respect of historical claims.

The Government puts the highest emphasis on the needs of victims, which is why the Ministry of Justice has given them more rights and increased funding for specialist support to help victims of such heinous crimes.