When the Storting adopted a new law for compensation for violence almost a year ago, it was accompanied by many major changes. Several of them have been strongly criticized from various quarters. Some parties wanted to send the law back to the government, but in the end it was only Raudt who voted against the change. Now several parties are opening up to change it: – The amendment to the law has clearly had consequences it should not have had, says KrF’s justice policy spokesperson, Kjell Ingolf Ropstad, to news. Høgre also believes that the law should be looked at again. Liberals, SV and MDG believe the law should be revised. New Act on Compensation for Violence The Act on Compensation for Victims of Violence was replaced on 1 January 2023 with the Compensation for Victims of Violence Act. The biggest changes are, among other things: You no longer have the right to a legal aid when seeking compensation. part of a court case, you have six months to submit a claim form If the case is dismissed, with the police or in a court case, you have one year to submit an application Bodily mutilation (§273), robbery (§327) and representation of sexual abuse against children (§311) has been removed from the penalty, one can receive compensation for There are new, geographical requirements for where the act takes place and for the connection to Norway for the perpetrator and the victim In the group “vulnerable to violence”, to whom the law applies among other things exposing people to rape and assault, genital mutilation, serious human trafficking, acts of terrorism, attempted murder, mistreatment, robbery and incest. The legislative amendment also applies to children exposed to the same. The state pays around NOK 400 million in compensation annually. “Notifying a crisis” news has written several cases about the change in the law, which have received strong criticism from victims, aid lawyers and interest organisations. Much of the criticism was already in the consultation responses. Below you can read excerpts from some of them: NKVTS “NKVTS (National Center for Violence and Traumatic Stress) believes that the new bill will result in far fewer people receiving compensation in the future than with the current system. The proposal weakens, rather than strengthens, victims of violence’s opportunities to obtain compensation.” will be adopted. This could affect the victims of violence who have the greatest damage and the least human resources to sue the perpetrators in a civil action.” Children’s Ombudsman “When a child is subjected to violence or abuse, it is often from those closest to them. It is an extra big burden for a child to report these cases to the police.” National association for victims of violence “The changes in the new scheme will provide particularly good breeding ground for increasing the meaning for victims of violence. The Ministry of Justice’s proposal is not only unethical, but barbaric.”Stine Sofies Stiftelse”The superior is strongly against the ministry’s proposal, as it will drastically weaken the scheme and take away from most children exposed to violence the opportunity to receive compensation.”Norwegian Women’s Sanitary Association”The result of the new bill is to place even more responsibility on the victim.” – This cannot come as a shock to the government. Everything I see now was reported by several actors in the consultation responses. This is politics of will, believes Andreas Unneland. Unneland is justice policy spokesperson for SV. He believes this is “a looming crisis”. Kjell Ingolf Ropstad says the rights of victims who are subjected to violence should not be “weakened in this way”. – It is horrible to hear about the situation and how it has turned out. I think we have to make changes to the law. Justice policy spokesperson for KrF, Kjell Ingolf Ropstad. Photo: Lise Åserud / NTB Justice policy spokesperson for KrF, Kjell Ingolf Ropstad. Photo: Lise Åserud / NTB Unintended consequences Justice policy spokesperson for Høgre, Ingunn Foss, tells news that there was broad agreement in the Storting that the law had to be changed. It was her party, together with KrF and Frp, who put forward the proposal for change when they were in government. – The main goal was that the exerciser of power should be held responsible for his actions and that the payment of compensation should be more effective. Ingunn Foss, justice policy spokesperson in Høgre. Photo: Per-Kåre SandbakkIngunn Foss, justice policy spokesperson in Høgre. Photo: Per-Kåre Sandbakk She says that the party was clear that the law should be evaluated after it was put into effect. Now Foss believes that the law should be looked at again: – It sounds to me like there are consequences of the law that were not intended. I certainly think there are grounds for looking at this again and making an assessment as to whether this is how I would like it to be. – Narrow rules and little discretion Kjell Ingolf Ropstad in KrF says they support the bill in the belief that a change would lead to a more efficient process. – The experiences and consequences that have arisen in practice show that we have to clean up, he says now. Ropstad says that the result of the legislative change does not “correspond with what they expected”. He specifically points to several points: Those who are not awarded compensation in a court case must apply for compensation alone, without the help of a solicitor. Changes in the deadlines for submitting a claim form or application for compensation. at an earlier time If you win against an abuser in court and are awarded compensation there, you submit a claim form. If the case is dismissed by the police or you do not receive compensation in a court, you must submit an application. Then there is often a lot of information that needs to be included. It is in these cases that the alleged exerciser of power becomes a party and can seek access to the document. – We must take into account that this is a person who may be in a state where it is difficult to process what they have experienced, says Ropstad, and asserts: – In such a situation, one is not necessarily preoccupied with narrow rules and laws with little beauty. Would like to send the law back SV wishes first of all to send the whole law back to the Ministry of Justice and Emergency Preparedness for new processing. The Liberals and MDG wanted the same, but they did not gain traction. They even then voted for the amendments put forward by some of the parties, says Unneland. Justice policy spokesperson for SV, Andreas Sjalg Unneland. Photo: William Jobling / news Justice policy spokesperson for SV, Andreas Sjalg Unneland. Photo: William Jobling / news With the change, the law was better, compared to the first proposal from the Solberg government, he believes. Nevertheless, now that the law has been in effect for almost a year, Unneland and SV are open to change: – We had a historic opportunity to create a law that could strengthen the rights and protection of victims of violence. Then we still have a system that is far too bad, says Unneland. No longer entitled to legal aid: – A huge problem “Silje” was exposed to several, gross abuses from an adult man when she was little. Children exposed to violence and abuse no longer have the right to help from legal aid if they are to seek compensation. “Silje” had not been able to apply alone. Read the whole case here. I don’t think the politicians understand what they have decided Now the person who injured you can request access to all the documents you send with the application. “Kristin” was exposed to serious violence from her roommate for several years. She believes that there will be fewer applications for power compensation after the change in the law. Read about “Kristin” and the change in the law here. Children exposed to violence and abuse have had worse rights: – Graverande Before the change in the law, Norwegian children exposed to abuse online by perpetrators from abroad could apply for compensation from the state. On 1 January, they were deprived of their rights. Read the case here. Have to wait an extra long time for compensation: – You feel you are being stepped on. When the law on compensation was changed, the waiting time should decrease. The case managers were then told to prioritize the newest applications. “Marte” is therefore pushed further back in an already long queue. Read the whole story here. Mehl: – Too early Several parties in the Storting agree that the law does not work well enough. – The law was not good enough. The changes that were made were not good enough either, says Tobias Lund in Raudt, the only party that voted against the change. – We would like to support the Storting taking the initiative to improve the scheme, if the government does not address this itself, says Storting representative Rasmus Hansson from MDG. The party does not sit on the justice committee and could therefore not take part in the work on the law. Ingvild Wetrhus Thorsvik (V) says she and the party had several objections to the change in the law when it was discussed. Justice policy spokesperson for the Liberal Party, Ingvild Wetrhus Thorsvik. Photo: Per-Kåre Sandbakk Justice policy spokesperson for the Liberal Party, Ingvild Wetrhus Thorsvik. Photo: Per-Kåre Sandbakk She wrote in an e-mail to news that the law has had many unfortunate consequences for people exposed to violence. – I think that the law should be evaluated, with a view to revision, says Thorsvik. In November, she asked if Minister of Justice Emilie Enger Mehl (Sp) would open to evaluate how the law works. – She replied, not surprisingly, that it is too early to evaluate the law, says Thorsvik. news has submitted to the Ministry of Justice that six out of nine parties in the Storting believe that the time has come to do something about the law. They had no chance to answer. Mehl has previously told news that everyone who is exposed to violence or abuse makes an impression on him, but that it is too early to draw conclusions about the general experiences with the law, after only ten months. Minister of Justice and Emergency Situations Emilie Enger Mehl. Photo: William Jobling / news Minister of Justice and Emergency Preparedness Emilie Enger Mehl. Photo: William Jobling / news – Should be more automatic Mehl is not alone in thinking that the time for evaluation or change is not ripe. Hadia Tajik, a member of the justice committee for the Labor Party, says that the aim of the change was a clearer piece of legislation, a shorter processing time and to take better care of the legal security of the victims. Justice policy spokesperson for the Labor Party, Hadia Tajik. Photo: Øystein Otterdal / news Justice policy spokesperson for the Labor Party, Hadia Tajik. Photo: Øystein Otterdal / news The justice policy spokesperson for the Center Party, Ivar B. Prestbakmo, also replies in an e-mail: – For example, the payment of compensation should go faster, and there should be more automaticity in these processes. – Now payment will go faster, and there will be more automation around these processes, writes Tajik, in another email. They both agree that it is always wise to evaluate laws at regular intervals. Tor André Johnsen, justice policy spokesperson for the Progress Party. Photo: Håkon Mosvold Larsen / NTBTor André Johnsen, justice policy spokesperson for the Progress Party. Photo: Håkon Mosvold Larsen / NTB Tor André Johnsen, justice policy spokesperson for the Frp, says it is too early to talk about changing the law “on the basis of individual reports in the media, with relatively tendentious angles, after such a short time”. – But if the new law has unintended consequences, it is something the FRP has an interest in rectifying, says Johnsen.
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– Has received consequences she should not have received – news Dokumentar
