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ACC Compensation for Sex Abuse - Index

 

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Sunday Star Times
June 20 2004

Reality check needed for sex abuse comp
by Frank Haden


The misguided section of the ACC legislation that extended compensation cover to mental or nervous injury resulting from a sex crime must be amended.

Ballooning figures of compensation paid to alleged sex abuse victims, uncovered by Act MP Heather Roy in questions to ACC Minister Ruth Dyson, make overhaul a matter of urgency.

The legislation must be rejigged to define a sex crime as an act proved by a conviction or otherwise established. Too often a sex crime is something that exists only in a depressed person's false memory.

The record shows suggestibility and political correctness have combined to spawn a monster of unfairness and waste of public money. High percentage figures of people alleged to have been violated are bandied about for political reasons, but abuse happens nowhere near as often as the compensation payouts indicate.

The ACC was set up to compensate people hurt in road and workplace accidents. It commendably replaced the old court system of suing for damages, a time-consuming arrangement for getting recompense for demonstrable injuries.

The uncritical way it has been extended to cover dubious mental injury is now seen to be a mistake requiring prompt correction.

I find little that's good about MMP, but I'm prepared to forget some of its deficiencies if it produces people like Roy to show payouts for alleged abuse have ballooned by 50% in two years - from $18 million to $27 million.

We are also in her debt for revealing one claimant got the incredible sum of $153,000 in backdated compensation. This payout was clearly a return to lump sum payments, the dreadful system that notoriously had ACC staffers offering $10,000 claim forms to Christchurch Creche parents in March 1992, before Peter Ellis faced a court.

The ACC staff urged parents to get in quick before the lump sum system changed. The incident was a clear indication of the way ACC thinks. Nothing has changed.

In April 2002 the government reintroduced potential lump sum payments. It claims it hasn't made any such handouts, but backdated sums such as $153,000 are clearly a way of making them in disguise.

The weekly amounts paid also are scandalously out of line with any realistic assessment of the alleged damage done. Current weekly sex abuse compensation payments start at a few hundred dollars for poor people but scale up to an unbelievable $1418 a week.

This is because some sex abuse allegations come from people dragging down high executive salaries and ACC pays claimants 80% of their earnings, no matter how high or low.

The law must be changed to correct this significant injustice. Compensation paid to all acknowledged victims of sex crimes must be on a flat rate, the same for everyone. Sex abuse victims don't suffer any greater trauma just because they are in well-paid jobs.

Turn the offensive pay-packet reasoning on its head: the sex abuser doesn't get a heavier sentence if his victim is a highly paid professional. When convicted his punishment is rated according to the seriousness of his crime. In the same way the significance of the trauma he causes must be the only guide to varying the level of compensation paid to his victim.

Perhaps the most scandalous revelation is the fact total weekly payments are now matched almost dollar for dollar by payments to counsellors, members of that twilight industry that has everything to gain by telling people their problems stem from long-forgotten sex abuse.

Counsellors know ACC will pay their $76 fees if the session uncovers sex abuse, so they have a strong incentive to find it.

The pattern is familiar. A woman feels depressed, so she finds a counsellor and trots off to an appointment.

The counsellor asks her if she has nightmares. Yes, indeed. Do you lack self-esteem? Yes, I do. Do you suffer from anxiety? Oh, yes! The counsellor, hiding a satisfied smile, says these problems are symptoms of long-forgotten sexual abuse. In fact, the more forgotten the episodes are the more likely they really took place.

Well, now, the client says, I never thought of that, but now you mention it I do remember something happened, I'm not sure where or when, and I don't remember who the man was. No, I didn't report it to the police and I'm sure as hell not going to report it now. But I'm getting more certain, as I cast my mind back, that I was abused. Somewhere. Some time.

Another false recovered memory is put into the record and before long the taxpayers have yet another leech to drain away their resources week by week or as a giant backdated lump sum.

For sure, some complainants do cough up facts, but in no other area of crime investigation are complainants taken seriously if they can't remember when, where or by whom they were attacked and won't tell the police. It's time for a return to reality.