Severely disabled man born from incestuous rape loses compensation fight

Severely disabled man born from incestuous rape loses compensation fight

A disabled man has lost his Court of Appeal fight

Tuesday, March 14, 2017

A severely disabled man born from incestuous rape has lost his Court of Appeal fight for compensation.

An upper tribunal ruled last year that the man, who has only been identified as Y, was eligible for an award under the Criminal Injuries Compensation Scheme.

According to the BBC, he was born with a genetic disorder, learning and development difficulties, epilepsy and both hearing and sight problems.

The 29-year-old claims the fact his mother was raped by father meant his genes were mutated and this raised his risk of health complications from 2% to 50%.

His mother was abused from the age of 11 by her father, and she brought a successful claim under the scheme in 1991, which resulted in her father being jailed for three years.

However when Y tried to gain compensation for the rape, on the basis that he had sustained personal injury directly attributed to a crime of violence, the Criminal Injuries Compensation Authority (CICA) rejected his application.

They claimed he could not be considered to be a crime of violence victim because he did not exist at the time of the incident and his condition was not a result of the crime.

The decision was backed by a first-tier tribunal, but an upper tribunal sent the case back to the Criminal Injuries Compensation Authority, which launched an appeal.

Today (March 14) Sir Brian Leveson, Lord Justice McFarlane and Lord Justice Henderson allowed the challenge, quashing the decision of the upper tribunal and restoring that reached at the first-tier stage.