Recent ACC ruling a win for childhood abuse victims—but the justice system still lags behind
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23 February 2024
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We are pleased that a recent High Court ruling has ensured victims of childhood sexual abuse are eligible for Loss of Potential Earnings (LOPE) payments under ACC. While this provision existed previously, the ruling closes a loophole whereby these victims were only eligible for support if they disclosed the abuse at the time it occurred. This ruling is welcomed because we know that it often takes years before victims of childhood sexual abuse are able to disclose what happened to them. |
The ruling is in stark contrast, however, to the decision by the coalition government to defund section 27 reports. These reports highlight for the courts how an offender’s background factors (such as childhood sexual abuse) limits the options available to them and impacts on the choices they make. Substance abuse is often a means of self-medicating their trauma. They may be before the courts due to selling drugs or stealing to fund their addiction, or for family violence offences as they struggle to form and sustain healthy relationships. Conflict in interpersonal relationships may be in relation to chronic low self-esteem from their experiences of childhood trauma, and often times from witnessing family violence themselves as children.
While the ACC ruling recognises the impacts of a victim’s past on their capacity to participate in the labour market, the coalition government’s decision to defund s27 reports removes the ability for judges to consider how a person’s past led to the commissioning of the offence for which they are before the courts. It therefore also limits any decisions about what sentencing options and rehabilitative support might best suit their needs so they don’t offend again.
On a number of occasions, clients we write s27 reports for have disclosed their experience of childhood sexual abuse to us for the first time. This takes considerable bravery and provides a critical opportunity to put in place support that, if done well, can address the unresolved trauma that drives crime and harm in our communities.
We see this first hand at the Kahukura methamphetamine rehabilitation programme we run in the Central Hawke’s Bay. Many of the whaiora we support through this programme have experienced childhood sexual abuse and other traumatic experiences in their upbringings. The programme provides targeted support to build resilience to methamphetamine abuse and provides pathways into a healthier future for themselves and their whānau.
Trauma is not an excuse for negative behaviour but we believe it can help to explain it. And it is through understanding that we can actually address the real problem here, which is the disproportionate harm concentrated in a sector of our community who are significantly more likely to be both victims and perpetrators of crime. The ACC approach recognises the experience of past victimhood on current behaviours. The justice system would be well served by a similar approach.
While the ACC ruling recognises the impacts of a victim’s past on their capacity to participate in the labour market, the coalition government’s decision to defund s27 reports removes the ability for judges to consider how a person’s past led to the commissioning of the offence for which they are before the courts. It therefore also limits any decisions about what sentencing options and rehabilitative support might best suit their needs so they don’t offend again.
On a number of occasions, clients we write s27 reports for have disclosed their experience of childhood sexual abuse to us for the first time. This takes considerable bravery and provides a critical opportunity to put in place support that, if done well, can address the unresolved trauma that drives crime and harm in our communities.
We see this first hand at the Kahukura methamphetamine rehabilitation programme we run in the Central Hawke’s Bay. Many of the whaiora we support through this programme have experienced childhood sexual abuse and other traumatic experiences in their upbringings. The programme provides targeted support to build resilience to methamphetamine abuse and provides pathways into a healthier future for themselves and their whānau.
Trauma is not an excuse for negative behaviour but we believe it can help to explain it. And it is through understanding that we can actually address the real problem here, which is the disproportionate harm concentrated in a sector of our community who are significantly more likely to be both victims and perpetrators of crime. The ACC approach recognises the experience of past victimhood on current behaviours. The justice system would be well served by a similar approach.
Image by Nadine Shaabana
