For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. The issue of inability to consent to a sexual act because of age, which are reflected in other sections do not apply to allegations of buggery. Since some conduct may constitute an offence whether or not it is accompanied by violence, it is necessary to have regard to the facts of the offence itself in order to decide whether it amounts to a crime of violence.
Citations:
Times 04-Jan-2001, [2001] QB 774, [2000] EWCA Civ 331
Links:
Statutes:
Criminal Injuries Compensation Act 1995 1, Sexual Offences Act 1956 12 13
Jurisdiction:
England and Wales
Cited by:
Cited – Regina (E) v Criminal Injuries Compensation Appeals Panel CA 3-Mar-2003
The claimant made a claim as regards a sexual assault committed against him in prison. The Panel refused the claim on the basis that he had consented.
Held: A claim might succeed where the consent was vitiated in such circumstances as would . .
Cited – Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) CA 3-Feb-2014
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now . .
Lists of cited by and citing cases may be incomplete.
Crime, Personal Injury
Updated: 31 May 2022; Ref: scu.147364
