Victims have the right to claim compensation for the harm suffered due to a hate crime. This could be for physical or moral injuries and/or for damaged or lost property.
If the victim has not requested compensation during the criminal proceedings or wishes to receive a compensation for the harm suffered due to a contravention offence, they can lodge a civil claim for damages. This claim must be submitted to the civil court. Civil claim can be filled for damages even if the criminal court has acquitted the accused.
The victim may ask to be compensated for the loss of both:
- damaged or lost property, as well as the loss of future income
example A damaged car, the money that the victim has spent for their treatment in a hospital or the lost future wages if the victim was injured and can no longer work.
- moral suffering
example The victim may seek compensation for moral suffering if physical injury was suffered.
Amount of compensation
In determining the amount of compensation for moral suffering, the court will consider:
- the character and gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors
Read more about compensation for the crime.
Read more about the right to a fair trial in civil proceedings.