– It is quite a big deal for me to apply for compensation in general. But then the application must sit for two years before anyone looks at it. You get the feeling that it’s somehow not that important after all, says “Maja”. news has given her a fictitious name. She wishes to remain anonymous because she still feels great shame after what she has experienced. As a teenager, she was subjected to severe and repeated violence from an ex-boyfriend – among other things he beat her and made death threats. Although “Maja” has tried to forget, the experiences have only haunted her more and more in adulthood. news has seen documentation that she has PTSD and must be sick for longer periods. Over the years, “Maja” has also felt an increasing need to stand up for herself. If her ex-boyfriend died in an accident before she had the courage to report him, then applying for victim compensation is her only option to obtain any form of justice. Therefore, “Maja” submitted an application in December last year. She almost thought it was nonsense when she got the reply letter. Expected processing time: 25 months. Photo: Hanne Bernhardsen Nordvåg / news – It is a burden in itself to apply, and again to have to go through everything I have experienced. Then the long waiting time becomes an extreme extra burden, says “Maja”. – When you are exposed to such gross things, it is important to be taken seriously. I don’t feel that now. – Do the best we can The Office for Compensation for Victims of Violence (KFV) has around 7,000 applications on hold, says department director Ivar André Holm – which explains the long waiting time for some. The office has struggled with long queues for several years, but right now the situation is extraordinary, says Holm. Because on top of what was already waiting, a particularly large number of applications came in in December. From 1 January this year, a new law was introduced, which changes some of the conditions for receiving compensation. Therefore, there were many who submitted just before the New Year, so that the application would be processed according to the old law – otherwise they could be in danger of not having been entitled to compensation. Changes in the law on compensation for victims of violence On 1 January 2023, the former Compensation for Victims of Violence Act was replaced by the Compensation for Victims of Violence Act. The new law involves several changes – including the following: There have been new requirements for where an act of violence has taken place, and which acts of violence can be compensated for have been specified. New deadlines have been set for when you must apply for compensation. Previously, claims for compensation for victims of violence could be made as long as the criminal case was not time-barred, but now the deadline is one year after any closure and six months after the final judgment. The new law is also based on the fact that everyone who has been awarded compensation by judgment must be able to receive compensation almost automatically and immediately. Where previously you had to submit a separate application for compensation for victims of violence, you now only need to submit a claim for payment. This requires that compensation claims are thoroughly investigated in connection with criminal proceedings. It is possible to apply for additional compensation if you believe that this amount is too low, or if you see that it does not make up for the problems you have – but the conditions here are strict. It is also possible to submit a separate application for compensation for victims of violence without a judgment – for example if the case is dismissed on the basis of the evidence. Even if the requirements for proof are somewhat lower in compensation cases than in a criminal case, it is pointed out in the draft law that the probability of receiving compensation without a judgment is low. The Ministry of Justice and Emergency Preparedness points out that under the new law fewer discretionary conditions are set, which they believe will lead to faster processing of applications. Where under the old law the tortfeasor was not part of the compensation case, under the new law the tortfeasor will be a party – and thus receive information linked to the case. In the new law, it is an absolute requirement that the violence is reported. There are applications under the old law where there is no judgment from a criminal case which has the longest processing time of 25 months. The applications that come first in the queue are those under the new law, and where there is a judgment in the case. Here, the processing time is just a few weeks. Overview of expected case processing time Applications under the old law (Violence Victim Compensation Act): Cases without a judgment: 25 months from the case being ready for a decision Cases with a judgment: 5 months from the case being ready for a decision Applications under the new law (Violence Compensation Act): Cases without a judgment and additional applications: 5 months from when the case is ready for a decision Cases with judgment: 4 weeks from when the case is ready for a decision That the case is ready for a decision means that all documentation related to the application has been received. The applicant usually has a deadline of one month to deliver this after they have received a reply letter stating that the application has been received. Holm refers to the governing documents for KFV. – Here it says that we must prioritize cases according to the new Violence Compensation Act, but at the same time give all applications for violence victim compensation processing within a reasonable time. – Do you think two years is a reasonable time? – I don’t think those who apply to us think it’s reasonable, and I fully understand that. We know that for them it is important to get the case closed. But we do the best we can within the framework we have, says Holm. – We process applications continuously according to the time they are in the queue, and we have dedicated case managers who only work with the oldest cases, so that we can also get rid of them. But there are simply too many cases pending. The office for compensation for victims of violence is located in Vardø. Photo: Ksenia Novikova / news – When the amount of waiting has become so large – is it a symptom that you do not have enough resources? – You almost have to raise resource issues with those who grant it. In any case, we do the best we can within the framework we have. The Ministry of Justice and Emergency Preparedness, which is the highest responsible authority, has not responded to news’s inquiry. Expecting fewer applications However, Holm believes that the processing time will be much better in the long term, both because the new law provides for faster and more efficient processing, but also not least because they expect fewer applications as a result of the new law. – It is aimed at certain criminal provisions, and for some it will probably also affect the fact that tortfeasor will now be part of the case, he says. – Then we will get fewer cases, and hopefully better time to deal with those that are already on hold. – I’m embarrassed – Being told that you have to wait for two years feels like an insult. A huge violation, says leader of the National Association for Victims of Violence, Margit Lømo. Her experience is that the queue has only gotten longer and longer in recent years, and although it is expected that the processing time will decrease with the new law, she finds little comfort in that. Lømo believes, on the contrary, that the changes in the law will mean that those exposed to violence will have it much worse. That the desire for more efficient case management and to save resources comes at their expense. Margit Lømo in the National Association for Victims of Violence has worked for several decades for the rights of victims of violence. Photo: Anna Nærum / news She points out that the new law has restricted who has the opportunity to receive compensation, in addition to the fact that it is to a greater extent based on compensation assessments in criminal cases. This is often “small change” compared to what a real compensation should be, she says. Getting adequate compensation is vital for those affected, Lømo emphasizes. This is both in recognition of what they have been through, but not least to cover treatment costs, and as compensation for lost income for those who are unable to work. It is true that it is possible to apply for additional compensation afterwards, but here the conditions are strict. According to Lømo, the only real option for victims of violence is to file a civil claim for compensation against the perpetrator, but that is something most people do not dare to do, she says. – This is a catastrophic change in the law for victims of violence. I am embarrassed to be Norwegian in this context. What is happening now is ugly. Does not finish Of all those who have applied, an ever-smaller proportion have received compensation in recent years. In 2018, 63 per cent of applications were approved. Last year, the figure was 53 per cent. And among those who apply without the violence having been proven through a criminal case, the vast majority are refused, it appears in the preparations for the new law. Therefore, “Maja” is far from certain whether she will receive compensation at all. She won’t get the result until two years from now. She emphasizes that it is not really the money that is most important to her. – Getting compensation will mean that I have stood up for myself. And it will be confirmation that what he did was not right, she says. – Then I can finally stop blaming myself.
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Up to two years’ waiting time at the Office for compensation for victims of violence – 7,000 cases are pending – news Trøndelag
