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The Nelson Mail
January 9, 2002
Ignore lawyer's letter - Rape Crisis
Nelson Rape Crisis is advising sexual abuse victims that they don't need to
hire a lawyer to seek compensation, following a Christchurch
law firm's attempts to solicit such work.
A leaflet from Christchurch law firm Wakefield
Associates is being distributed to Nelson letterboxes as part of a nationwide
mailout urging victims of sexual abuse to use its services.
The leaflet says victims are potentially eligible for one-off payments of up
to $25,000 and ongoing sums in excess of $150,000 from ACC. The firm would
charge 25 percent of any lump sum payment as well as all of the first
quarterly payment.
Nelson Rape Crisis member Christine Gillespie said hiring lawyers was an
unnecessary way for sexual abuse victims to get ACC payments.
"It's certainly not the way we would advocate for women to progress
their complaint."
Some women who had taken action through lawyers had not been well served, she
said. In one case, the lawyers didn't even turn up to represent one
complainant when her application was reviewed.
Instead of engaging lawyers, Rape Crisis recommends that victims process
complaints through a GP or ACC-registered counsellor.
"The difficulty is that people may not be aware they don't need to pay a
lawyer to get this work done," Ms Gillespie said.
The law firm's mailout anticipates the Injury Prevention and Rehabilitation
Act, which will come into force in April. The act reintroduces a lump sum
scheme similar to the one dumped by the previous National-led government.
Ms Gillespie said she had not heard of people experiencing any problems
processing complaints through counsellors but because the system was new,
such problems would not have emerged yet.
Critics say the mailout highlights ACC's vulnerability to fraudulent claims,
especially since claimants do not need to complain to the police or name
their abuser.
Ms Gillespie said she doubted that fraudulent claims would increase as a
result of the mailout. When lump sum payments for sexual assaults were last
available, the number of claims rose from 221 in 1988 to 13,000 in 1993, when
the payments were abolished.
Dunedin author
Lynley Hood - whose book about the Christchurch Civic Creche case, A City
Possessed, casts doubt on claims made under the previous lump sum scheme -
said the reintroduction of the scheme would leave the door open for
widespread abuse.
A reliance on counsellors, who were poorly trained to diagnose genuine sexual
abuse, meant there were few checks to prevent people making fraudulent
claims, she said. "It really creates a gravy train effect."
Victoria University criminologist Willem de
Lint said that judging by the past, the new legislation would cause a budget
blowout.
"The problem is that people will follow the money. People followed the
money then, and there's no reason to suggest they won't do that again."
The Government predicts that the lump sum scheme will cost $60 million a
year.
ACC national claims unit manager Gail Kettle said any claims process was open
to dishonesty, but the integrity and skills of counsellors and doctors were
an adequate safeguard against false claims.
"What we require is a detailed report and the mental injury they are
suffering from. From that, we accept or reject the claim."
She said ACC had received many calls about the leaflet, which had opened old
wounds for many sexual abuse victims.
"A lot of people who have suffered sexual abuse have found (the leaflet)
offensive and distressing."
Wakefield Associates principal Garry Wakefield declined to be interviewed on
Wednesday but issued a statement explaining the mailout.
Mr Wakefield said ACC did not "proactively" inform sexual abuse
victims of their entitlements, and it was important that they were not
neglected.
"I think anyone who has been through what these people have been through
should be advised of their correct entitlements. They deserve the
compensation although, of course, nothing can fully compensate them for what
they have suffered."
It was possible that ACC was trying to discourage claimants from using its
service because of cost implications, he said.
"If ACC had properly advised claimants of all entitlements, particularly
financial, then we wouldn't have to go out and do it."
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