With a simple and clear set of regulations, a new violence compensation act should strengthen legal certainty, write Justice and the Ministry of Emergency Situations. Among other things, the deadline for applying for compensation is new. It is set for six months after the final judgment and one year after the case has been dismissed. It has received criticism from several quarters. Previously, claims for victim compensation could be made as long as the criminal case was not time-barred. However, new transitional rules mean that the deadlines will only start to run from the new year. The deadlines therefore expire on 1 July 2023 and 1 January 2024 respectively. – Positive in a still dark overall picture, says aid lawyer Lina Therese Remlo. Legal aid lawyer Lina Therese Remlo is also a member of the Danish Bar Association’s legal aid committee. Photo: Petter Strøm / news The concern about limitations in the victim’s rights to both compensation and the right to a lawyer is still there, says Remlo. – What is a small consolation through the transition rules is that the changes will not come quite so suddenly overnight, as they seemed to do. – You simply get a little longer. What does the new law say? The new law contains several changes: Requirements for where an act of violence has taken place have changed. Which acts of violence you can receive compensation for. And when the deadline for applying for compensation expires. This means, among other things, that the deadline for applying if compensation is set for one year after a possible dismissal and six months after a final judgement. In the past, you could submit a claim for victim compensation as long as the criminal case was not statute-barred. What are the transitional rules? The new transitional rules result in the implementation of the application deadline being postponed: For cases that have been dismissed without prosecution, the victim of violence can thus submit his application to the Office for compensation for victims of violence until 1 January 2024. The deadline for submitting payment of the compensation after the final judgment has been postponed by six months to 1 July 2023. Several objectionable changes Remlo believes the changes in the law can make it even more demanding to stand in such a process. – It must be remembered that victims who may be entitled to compensation for violence are a vulnerable group in the first place, says Remlo. – The new law is far from strengthening their rights, she believes. Some other areas where the law has been renewed: The right to have a lawyer appointed to apply for compensation, restricted. – Those who have been exposed to something that may give them the right to compensation, but where the case is dismissed, are from the new year in a situation where they essentially have to handle the application process themselves, says Remlo. According to the new rules, the person who has committed the act is made a party to the case of compensation for violence from the public sector, and has the right to make a statement. – The person who has committed the act of a direct and more active party in the proceedings of the victim authority. The new law also says something concrete about which actions you can seek compensation for. – Among other things, bodily harm and threats are no longer covered by the scheme. In addition, there are some changes related to the geographical scope of the Act. – If an act has been committed abroad, it must be convicted in Norway in order to be able to receive compensation for violence, says Remlo. – A meager consolation When the renewal of the law was passed, news spoke to a father who received compensation after his child was said to have been subjected to abuse in the nursery school. – The sum is a meager consolation. The important thing was the experience that there was an authority that believed in you. It was absolutely crucial to be able to move on, said the anonymous father of the family at the time. – We have many examples of those who have experienced this saying that they were not ready to apply for compensation for victims of violence after one year. That’s what Endre Bendixen, a lawyer at the Stine Sofie Foundation, says. Lawyer in the Stine Sofie Foundation, Endre Bendixen is not satisfied with the new law. Photo: Per-Kåre Sandbakk / news He says that more people may suffer from PTSD after such events, and thus need longer time. Bendixen had hoped for a violence compensation law that looked after those who were subjected to violence and abuse. And which took into account all that lies behind being exposed to violence and abuse, he says. – For children who are exposed to violence and abuse, it can have major consequences in a life-course perspective. Stine Sofie’s Foundation works to prevent and uncover violence and abuse against children and young people, look after the vulnerable and strengthen their legal security. Photo: Per-Kåre Sandbakk / news The new law will shorten the processing time. Bendixen believes that this is not to the victim’s advantage. – Of course, it is much faster to give someone a refusal than to assess the case. Basically, Bendixen believes the law will lead to many more refusals. He calls the new law an austerity policy. – With the new rules, the Office for Compensation for Victims of Violence will pay out very few compensations. It is not necessarily the money that is important to the victims of violence, but the recognition from the state, he says. – By taking away the opportunity for so many to receive that compensation, you also deprive them of recognition. The Office for Compensation for Victims of Violence is a state administrative body under the Ministry of Justice and Emergency Preparedness which processes applications for compensation for victims of violence, as well as providing advice and guidance to victims of crime. Photo: Ksenia Novikova / news Putting an end to the case According to the Ministry of Justice and Emergency Preparedness, the purpose of the transition rules is to clarify questions that may arise in the transition between old and new law. – The transitional rules also give victims of violence in older cases more time to submit an application for compensation, if, for example, they have not acquired information about the deadline rules under the new law, says Andreas Bondevik in the ministry. Today, there is a high rejection rate in violence victim compensation cases. – The fact that an application deadline has been introduced in these cases will hopefully help the victim of violence move on in life more quickly, says State Secretary John-Erik Vika. According to the state secretary, it takes an average of more than 450 days to get a decision on compensation for victims of violence. – Research from Oxford Research shows that the long waiting time is an additional burden that can lead to extra stress for victims of violence, he says. State Secretary in the Ministry of Justice John-Erik Vika Photo: JD / JD Simpler and clearer – In those cases where there is a verdict against the perpetrator, it is only required that the victim of violence log on to KFV’s website and request payment of the compensation amount. Vika believes that six months is sufficient to do so. The application deadline of one year in case of closure also gives victims of violence enough time to consider a report, he believes. – For some criminal offences, such as rape, there is also no statute of limitations anymore, says Vika. He emphasizes that this must not be confused with the one-year deadline for applying for compensation should the case be dismissed. He adds: – In many cases, the evidence will be able to have a greater probative value the shorter the time that has passed before reporting. This can give the victim of violence a better opportunity to come forward with his claim, Vika believes. Vika says the new law on compensation for violence is much simpler and more transparent. – The law today contains a number of discretionary terms, so that even professionals can have difficulties predicting whether a person exposed to violence will be entitled to compensation. – The new scheme will ensure an almost automatic payment to victims of violence who have been awarded compensation by judgement, the Ministry of Justice and Emergency Preparedness writes in a press release. Photo: Thomas Marthinsen / news Savings policy – I want to emphasize that the new law is not a savings measure at the expense of those exposed to violence, says Vika. He adds: – Total payments are expected to be higher, but due to the fact that case management will be more efficient and that the state’s recourse income will increase, it is expected that the new law will still result in a saving. It was initially planned that the central government’s total payments would remain at the same level as under the current arrangement. However, three criminal offenses have been added which can give the right to compensation for violence and cause the payments to increase, concludes Vika. ALSO READ:
ttn-69
New transitional rules for the Violence Compensation Act – stricter rules for compensation after violence – news Nordland
