Revised damages guidelines for CSA cases
The Judicial College should revise its Guidelines for the Assessment of General Damages in Personal Injury Cases to include a freestanding section on the damages that may be appropriate in cases of child sexual abuse. This new section of the guidelines should advise the court to take into account the nature and severity of the abuse itself, any short-term and long-term physical, emotional and psychiatric or psychological injuries, and the general effect of the abuse on the claimant's capacity to function throughout their life. The latter may include the ability to sustain personal and sexual relationships, to benefit from education and to undertake paid employment.
How was this evidence gathered?
Response
Accepted
Response
AcceptedThe Judicial College informed the Inquiry that the revised edition of its Guidelines for the Assessment of General Damages in Personal Injury Cases was published on 11 April 2022. The Judicial College stated that the new edition includes a section on sexual abuse, which incorporates the factors to be taken into account in valuing general damages for sexual abuse. These include the nature and duration of the abuse, the physical and/or psychological effects caused and the effect on the injured person's ability to sustain personal and sexual relationships.