|British Justice Is ONLY For The Rich (pinterest)|
Lawyers for the son (reported as Y) born of incestuous rape, Malcolm Johnson of BL Claims Solicitors, said: “This is a bitter result for Y and his mother, who fought long and hard for the compensation needed to provide the care and support he deserves. However, we are pleased that the court of appeal acknowledged that the CICA scheme should address the position of mothers who find themselves caring for a disabled child born as a result of a sexual crime.”
|Rape Victim's Son Denied Compensation (pinterest)|
The Guardian reports:
A disabled man born with a serious genetic disorder, due to an incestuous rape, has failed to obtain compensation for his medical condition.
The court of appeal on Tuesday dismissed his claim against the Criminal Injuries Compensation Authority (CICA) on the grounds that he did not exist at the time the crime took place. The highly unusual application raised difficult legal questions about the extent of the compensation authority’s liabilities.
The 29-year-old man, identified by the court only as Y, had won his claim in the lower tribunals. He was born in 1987 after his mother was repeatedly sexually abused by her father from the age of nine.
All three judges on the court of appeal bench, Sir Brian Leveson, Lord Justice McFarlane and Lord Justice Henderson, agreed that the CICA should not have to pay out.
The Sun report
The Guardian reports
The Mirror reports on original decision to allow compensation