Sexual abuse victims allowed to claim monetary compensation
The extent to which an injured count can be compensated for depending on the size and depth of the injury is described.
By
Aman Haleem
Department of Judicial Administration (DJA) has framed rules allowing victims of sexual abuse to file a case for monetary compensation, even if a criminal charge is not proven.
With the new rules:
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A lawsuit can be filed by the victim of sexual assault from the date of the appeal made at court
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Criminal conviction is not mandatory
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This is the first policy to allow a person to be compensated financially for a criminal offence
Empowered under the Sexual Offences Act, the DJA's notification on Sunday will come into effect from February. In addition to the compensation policy, the rules also state:
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Functions of courts within the special system dealing with sexual offences
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Issuing protection and restraining orders
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Conducting trials related to sexual offences
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Removal of names from the list of sex offenders
While seeking compensation in cases of sexual offences, the court has to take into account the medical care documents of the victim. This includes all tests conducted since the first doctor's visit and documentation of the treatment being obtained.
There is no time limit for seeking compensation in such cases. Even if the period for filing a criminal charge is exceeded, compensation can be filed for. The extent to which an injured count can be compensated for depending on the size and depth of the injury is described.
As per the rules, the amounts of compensation are:
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Fire caused injury: between MVR 26,400 and MVR 363,000
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Paralysis: MVR . 297,000 - MVR 2,750,000.
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Mental torture/Psychological abuse: MVR 11,000 - MVR 297,000
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Brain damage: MVR 16,500 - MVR 1,925,000
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Epilepsy/Seizures: MVR 68,000 - MVR 484,000
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Ears: MVR 5,500 - MVR 484,000
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Eyes: MVR 11,000 - MVR 121,000
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Face: MVR 11,000 - MVR 121,000
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Throat: MVR 11,000 - MVR 121,000
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Nose: MVR 26,400 - MVR 181,500
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Skull: MVR 11,000 - MVR 50,600
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Teeth: MVR 11,000
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Tongue: MVR 38,500 - MVR 484,000
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Hand: MVR 11,000 - MVR 121,000
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Stomach: MVR 19,800 - MVR 148,500
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Back: MVR 11,000 - MVR 121,000
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Chest and Ribs: MVR 26,400 - MVR 181,500
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Tail Bone: MVR 11,000
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Genitals: MVR 38,500 - MVR 605,000
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Kidney: MVR 121,000 - MVR 605,000
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Pancreas: MVR 181,500
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Pelvis: MVR 26,400 - MVR 121,000
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Spleen: MVR 121,000
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Feet/Leg: MVR 11,000 - MVR 484,000.
Although the criminal charge is not proven, the compensation charge has to be proven by balance of probabilities.
