Compensation for Crime in Peru
I was a victim of a crime in Peru in 2012. The perpetrator was sentenced. I have not received any compensation, and have accumulated a legal (Peruvian) bill of approx. $5K. Australian Victims Comp have declined my request for compensation (because the crime was not in our country) and the Aust. Embassy in Peru have advised me that the Peruvian government do not compensate such victims.
As I understand it the perpetrator would not have assets etc to provide compensation. I had travel insurance although at the time they said they only pay for flights home or costs in Peru.
Are there any other options for me to obtain compensation?
Hi there. It sounds like you have been having a rough time.
Unfortunately it is unlikely that you will be able to claim compensation for
the crime you suffered in a foreign jurisdiction.
This is because of the way in which the Victims of Crime
legislation operates. The regime is state based, and so it tied to the state in
which the crime was committed. Generally speaking, the perpetrator is
indirectly liable to a victim to shoulder the cost of any compensation paid.
When a person is convicted of a crime, their victim is then entitled to apply
for compensation from the state. Once the compensation has been paid, the
perpetrator may be liable to repay the amount of the compensation back to the
state. In addition to this, victims of crime are not always entitled to
compensation, even if the perpetrator is in Australia. This is because not all
types of crime are compensated in Australia. For example, in Tasmania where you
are, the types of crime which are compensation must involve direct violence.
Suggested way forward
It might be worth looking more closely at the terms and conditions of your travel insurance policy to ensure that there is nothing that provides for this sort of compensation. If you would like more guidance, we recommend you contact a lawyer with expertise in this area. You can do this by “posting a job” through LawAdvisor. This function will enable you to find a lawyer in your area with the expertise you need.
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