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Sexual Assault - Frequently Asked Questions - The Award
How does the compensation assessor decide how much to award?
Once the compensation assessor is satisfied that the act of violence is established and an injury is sustained, they will consider the compensable injuries claimed. If you have not chosen a compensable injury from the Schedule, the compensation assessor may make a decision based on the evidence provided.
If the compensable injury of Sexual Assault is claimed, the compensation assessor will first determine which category of the injury the act of violence falls within. This will depend on the facts of the case – what evidence was presented to court, your police statement, and any other evidence of the act of violence.
Then the compensation assessor will decide what amount to award within the range of the relevant category. In making this decision, the compensation assessor will take into account a number of factors including:
§ The age of the victim;
§ The nature and circumstances of the act of violence;
§ The number of offences;
§ The relationship, if any, between the offender and the victim;
§ Any disability of the victim; and
§ The extent of the effect of the act of violence upon the victim.
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