CICA Tariff Scheme. When considering a compensation award, the CICA refers to its own tariff scheme. Basically, this means when valuing an injury or incident it is based on the level which is given to that type of assault in the tariff scheme. The level of payment awarded is the same regardless of the age or sex of the applicant. This is a different system from that used by the Civil Court. In a civil claim, the level of compensation is based on the individual’s response to the assault and the level of injury sustained. Therefore in a civil case, the claimant may receive a higher level of compensation for the same type of assault and injuries if they suffered a greater reaction to it.
Below is an example of the tariff paid to the victims of rape and sexual assault. It is worth noting that, unlike physical injuries, there is no additional payment for psychological trauma unless it can be shown that the level would attract a higher level of the award than the actual physical injuries. In such cases, the applicant receives the higher level for the psychological trauma but receives nothing for the physical injuries.
Sexual assault
- minor – non-penetrative sexual physical act(s) over clothing B1 1,000
- serious – non-penetrative sexual physical act(s) underclothing B3 2,000
- severe – non-penile penetrative or oral-genital act(s) B4 3,300
The pattern of repetitive frequent severe abuse (whether by one or more attackers) over a period
- up to 3 years B7 6,600
- 3 years or more B8 8,200
- resulting in serious internal bodily injuries B12 22,000
- resulting in permanently disabling mental illness confirmed by psychiatric prognosis
- moderate mental illness B12 22,000
- severe mental illness B13 27,000
Non-consensual penile penetration of one or more of the vagina, anus, or mouth
- by one attacker B9 11,000
- by two or more attackers B10 13,500
- resulting in serious internal bodily injuries B12 22,000
- resulting in permanently disabling mental illness confirmed by psychiatric prognosis
- moderate mental illness B12 22,000
- severe mental illness B13 27,000
- resulting in serious internal bodily injury with permanent disabling mental illness confirmed by psychiatric prognosis 68
- moderate mental illness B14 33,000
- severe mental illness B15 44,000
The pattern of repetitive incidents (whether by one or more attackers) over a period
- up to 3 years B11 16,500
- 3 years or more B12 22,000
In addition to the award for the main assault, the CICA will also consider an additional amount if the applicant becomes pregnant or contracts a sexually transmitted disease as a result of the assault.
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