Game changer: Man born with severe disabilities due to incest rape wins right to compensation

Game changer: Man born with severe disabilities due to incest rape wins right to compensation

A man who was born as a result of incestuous rape has been granted the right to claim compensation for his severe disabilities in a landmark ruling.

The man’s mother was abused by her father from the age of 11, resulting in the birth of her son. He suffers from epilepsy, severe learning difficulties and hearing and sight problems.

After the man’s initial claim for compensation was rejected by the Criminal Injuries Compensation Authority, the Upper Tribunal, which makes decisions in legal appeals, quashed that decision.

CICA argued that no “personal injury” had occurred to the man at the time of his mother’s rape, as at that moment he was not in existence. It added that if the crime had not been committed, then the man would not have existed at all.

CICA’s case, put forward by Ben Collins QC said harm before birth which has consequences after birth cannot be treated as an injury to a living person, just as in cases where foetal alcohol syndrome has occurred.

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