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 or administrative offences proceedings, they can lodge a civil claim for damages. This claim must be submitted to the civil court. A civil claim for damages can be filed even if the court has acquitted the accused.
The victim may ask to be compensated for the loss of both:
- damaged or lost property
example A damaged car, or money that the victim has spent for their treatment in a hospital.
- 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 gravity of the offense
- the injuries suffered and their consequences
- the psychological trauma the victim may have suffered and other factors