Criminal Injuries Compensation Authority v. First-tier Tribunal (Social Entitlement Chamber)
[2022] UKUT 103 (AAC)
In the Upper Tribunal, Administrative Appeals Chamber
UA-2019-001594-CIC & UA-2020-000600-CIC
Before Upper Tribunal Judge Gray
Decided on April 07, 2022

Relevancy of the Case: Whether online grooming is a crime of violence, and if victims of online grooming can avail compensation under the Criminal Injuries Compensation Scheme?

Statutes and Provisions Involved

• Criminal Injuries Compensation Act 1995 (Section 1)
• Sexual Offences Amendment Act 1992 (Section 3)
• Sexual Offences Act 2003 (Section 3, 10, 15)

Relevant Facts of the Case

• RC and RN were victims of online grooming when they were children. They made claims for compensation under the Criminal Injuries Compensation Scheme.
• The Criminal Injuries Compensation Authority (CICA) decided that neither RC nor RN were victims of crimes of violence.
• The First-tier Tribunal (FTT) held that RC was a victim, while RN was not a victim of a crime of violence.
• CICA applied for a judicial review of the FTT’s decision regarding RC. RN applied for judicial review against the FTT’s decision that did not consider him entitled to compensation.

Prominent Arguments by the Counsels

• The CICA’s counsel submitted that online grooming was not sexual assault. He argued that touching is necessary to constitute sexual assault. He further contended that crimes of violence do not include sexual offences in general.
• RC’s counsel argued that RC was at equal risk because of the online grooming incident, as he would have been in person. Sexual assault also involves a threat or an attempt where there was no actual touching.
• RN’s counsel argued that the scheme aimed to compensate victims who suffered physical or psychological injury due to a violent crime. Physical damage can include psychological and bodily injury. FTT should take into account the psychological impact of online grooming.

Opinion of the Bench

• The tribunal had to look into the immediate consequences of the crime to decide whether it was violent. This usually excludes psychological injuries while looking into consequences.
• Touching is a necessary ingredient of sexual assault.
• Compensation under the scheme depends on the victim fearing immediate and illegal violence. Online conduct cannot be a crime of violence.

Final Decision

• In the RC’s case, the judge refused the application for a compensation award.
• In the RN’s case, the judge refused the application for judicial review.

Anjali Agrawal, an undergraduate student at the NALSAR University of Law, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.