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 an administrative 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

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

Read more about compensation for the crime.
Read more about the right to a fair trial in civil proceedings.

Resources

Last updated 22/11/2023