Change to rape compensation?

Press, 10 January 1981, Page 6

Change to rape compensation?

(PA Wellington j A proposed amendment to jthe Accident Compensation Act could disqualify a teenage girl from compensation for rape.

■ Unless she was hurt or 'was unable to work as a result, she would be ineligible for compensation.

The change is proposed by a Cabinet-caucus committee chaired by the Minister of Housing (Mr Quigley). Judge Blair, of the Compensation Appeal Authority, ruled this week that a teenage girl was entitled to claim compensation even though the man charged with her rape was not convicted.

The act required the commission to accept a lower standard of proof than was required in a criminal trial, said Judge Blair.

The commission had to be satisfied only that what happened had the ingredients of rape. He referred the case back to the commission to consider compensation.

i Mr D. A. Rennie, director

of research and planning for the commission, said in Wellington that it was difficult to say what compensation, if any, the girl would receive.

The existing act provides for a maximum lump sum payment of $lO,OOO for pain and suffering, including mental injury, and a maximum payment of $7OOO for loss or impairment of bodily function.

Even if no injury were inflicted but the commission was satisfied that the girl had experienced pain and suffering, she would be awarded a lump sum payment, Mr Rennie said.

But the Cabinet-caucus committee has recommended that the payment for pain and suffering be abolished and that a maximum lump sum payment of $17,000 be awarded for loss and impairment of bodily function.

If the recommendation becomes law, a victim, unless hurt or unable to continue work as a result of an alleged rape, would be ineligible for compensation, Mr Rennie said.