Compensation

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A victim/survivor of rape is entitled to apply for compensation from the Victorian Crimes Compensation Tribunal. They may wish to contact a CASA for support and/or advice through this process.

The compensation is for pain and suffering arising out of the physical, emotional or psychological injury, or stress experienced as a result of the crime. Compensation may also be for costs such as medical expenses, loss or damage to personal property and lost income.

The information needed to apply for compensation may include:

• A copy of the statement made when reporting the sexual assault to the police;
• Medical evidence, for example, reports from a hospital, doctor, CASA or other counsellor which shows the victim/survivor was injured, pregnant or suffered psychologically;
• If claiming for expenses such as medical and hospital bills or lost income, evidence (such as receipts) or a statement from their employer will be needed to support the claim.

An award of compensation may be made even though the victim/survivor is a member of the same household as the offender. Compensation is not payable for expenses covered by Medicare or health insurance.

If no proceedings have been taken against the offender, the Tribunal may make an award of compensation if the victim/survivor had no part in preventing the commencement of proceedings or preventing the continuation of them. The Tribunal may make an award of compensation whether or not any person is prosecuted for or convicted of an offence arising out of the rape. This may happen when the offender has been convicted of committing the offence or has pleaded guilty in proceedings, or otherwise admitted to inflicting the injury, or has been found to be insane.

To make the claim, the victim/survivor can go with the police to the court office at the time they are attending the court. Alternatively an application form may be obtained from the Secretary of the Crimes Compensation Tribunal or from any Magistrates Court.

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Disclaimer Copyright Updated: 25 Sep 2009