Compensating the adult victim of childhood: From criminal to constitutional compensation.

Source: (2013) Women’s Rights Law Reporter. 34(4):303-357.

The Israeli court system hears what seems to be an endless stream of
domestic-abuse cases, including those dealing with the heinous crime of
incest. While every case is shocking, the most painful are those brought by
women who were abused as children and – for whatever reason – were
unable to complain to the relevant authorities or file suit at the time of the
events.I How can these women receive a just trial years later? 2 How can
they be awarded appropriate civil damages to compensate them for the
damage incurred? This article focuses on these questions, with the goal of
using constitutional principles to create a new basis for the compensation of
these individuals. In the last section, I propose the establishment of a new
constitutional offense, based on the injury to the victim’s human dignity.
Today, I enjoy the fruits of the constitutional revolution, and should work
to improve the lot of the adult victims of childhood incest before the High
Court of Justice chooses to narrow its sphere of activity. I begin with a
discussion of recent developments in the status of the victim in the criminal
process, both in Israel and around the world. The significant change in the
perception of victims’ rights is crucial for my claim that the Israeli legal
system is now ready to recognize a broader basis for the compensation of
adult victims of childhood incest. A broad-based approach, divorced from
the “criminal” understanding of the victim’s status, is likely to be
disconnected from reality and to be less than successful. (excerpt)