Compensation for victims of sex crimes They arrive late, badly or never. More than a third (37.7%) do not charge a single euro. That percentage is the lowest among all common crimes, except for theft. Those affected – mostly women, boys and girls – receive just one in four euros that correspond to them (compared to 44% on average in the rest of the crimes). Half also perceive a derisory amount: 166 euros. And they wait about five years on average from the aggression to receive the money. The violation is a crime that costs to denounce and that usually gets entangled in long and painful judicial processes, as it happened with the case of The pack. Three years have passed since that Sanfermin until the Supreme Court has dictated that it was rape.
The few compensations in sexual crimes are some of the conclusions of the work Economic compensation to the victim in the justice system, of the teachers of the Carlos III University from Madrid Helena Soleto (Procedural Law) and Aurea Grané (Statistics). For two years they have analyzed with their students 2,600 judicial records dated between 2012 and 2015. The main conclusion is that it is the reparation to all kinds of victims of common crimes "is unsatisfactory" even if this has been set in a court ruling.
More than a third do not charge anything and almost half do not receive the full amount. "We wanted to show that much more can be done to repair the victims. They are not being compensated. They suffer a new victimization after a sentence that creates expectations that are not met, "says Soleto.
The report points out the possible causes of the lack of information on the victims, the short deadlines for requesting compensation, the inadequacy of victim assistance offices or the lack of protocols to accompany them. Soleto adds that, in many cases, the aggressors are insolvent or declare themselves as such once the sentence arrives. "To avoid lying with insolvency, there is a very easy procedural solution, lawyers ask for precautionary measures, funds are allocated at the beginning of the process for possible compensation, but are barely granted," explains the professor of Procedural Law.
State aid does not reach them either. The 1995 law on aid and assistance to victims of violent crimes and sexual freedom states that aid should be granted from public funds. In cases of sexual assault, Spain only contemplates these aids for therapeutic treatments, although in practice psychological help is covered by public health or NGO support to victims, so they are help that almost nobody claims.
According to the report, in 2015, only nine grants for therapeutic expenses were granted for a total of 8,305 euros. That year there were 2,515 convictions for crimes against sexual freedom. That is, only 0.36% of the victims agreed to public financial support. "In most advanced countries there is compensation for the victims by the State. The EU and the Council of Europe require that real mechanisms of reparation be applied to the victims and the most advanced opt for a compensation fund ", the authors point out.
Travel to heal
In France, for example, the State provides compensation based on a police report, without the need for an aggressor to be identified. In the Netherlands, they use a system of calculating aid for rent to ensure that they reach people with fewer resources. Outside Europe, they cite the case of Australia, where money is given to victims and it is they who decide what to spend it on. They use it mostly, according to Soleto, to take security measures at home or do something with their families that helps them forget, like a trip.
The report was made in judicial parties of the Community of Madrid but its results can be extrapolated to the rest of Spain: "The crimes are the same throughout the State, as the management of the processes and the way in which cases are assigned. We calculate the number of files that would be necessary to be representative, "explains Aurea Grané. His painstaking work includes a database of crimes, payment deadlines and the amount victims receive.
They analyze common crimes: sexual and violent crimes, fraud, fraud, theft and robbery or injury. Does not address gender violence. The authors clarify that, as they occur mainly within the couple, the compensations usually start from common accounts and that could "blur" the study. "We were interested in measuring if the system is effective in almost casual crimes, without relation between victim and aggressor," says Soleto.
The report concludes that there is more probability of payment when the convicted person does not enter prison. Also that the amount is higher when there is a particular accusation and that victims are more likely to charge when the final amounts are below the 1,600 euros.
Professors Helena Soleto and Áurea Grané worked on two courses to review 2,600 files with 63 students of Law and Business Administration from the Carlos III University of Madrid.
They obtained the permission of the General Council of the Judicial Power and gathered information in all the jurisdictions dedicated to the execution of causes of the Community of Madrid, in addition to the Provincial Court of Madrid. They are non-computerized files and documents, explains Grané, which are normally not available to the public. They have submitted their 734-page report to judges and representatives of the Ministry of Justice and want to take it to parliamentary groups to help them find solutions to the high level of default detected. "We want to return to society what we do," they say.
In September, both will lead a European project, Faircom: they have secured 370,000 euros for a 20-month investigation into effective reparation for victims of sexual violence. In addition to Spain, Greece, Italy, Latvia and Holland participate.
(tagsToTranslate) one in three (t) victim (t) sexual offense (t) charge (t) compensation (t) affected (t) receive (t) four euros (t) correspond (t) compensation ( t) violation (t) be (t) second (t) crime (t) person (t) compensate (t) theft