17-06-2019

Derbyshire abuse law experts welcome abolition of ‘fundamentally flawed’ same-roof rule

Shift in law means victims of abuse from someone they lived with can now claim for compensation.

Leading Derbyshire-based abuse law experts have today welcomed new legislation which has come into force which means that victims of a violent crime which took place in their own home before 1979 can claim for compensation.

In a move that provides access to justice for many abuse survivors who suffered at the hands of a family member, the so called ‘same-roof rule’ has been abolished, and anyone denied compensation previously can make a new claim under the Criminal Injuries Compensation authority Scheme (CICA).

Those who lived with their attacker at the time of the incident now have two years to submit an application, and this time period can be extended in some circumstances.

Commenting on the change in the law leading personal injury and abuse law expert Simon Wright from Banner Jones, said: “This change in legislation has been a long time coming, and the many victims who have been denied access to the justice they deserve because of such an outdated ‘rule’ will be most relieved.

“The ‘same-roof rule’ was fundamentally flawed and outdated, and it perpetuated the myth that people are most likely to be abused by strangers.

“Those individuals who suffered at the hands of someone they lived with are just as entitled to compensation as those who were attacked by someone they didn’t know, and this means that they can now progress with a claim under the CICA. "

 

 

 

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