The avenues potentially open to victims of an assault include a lawsuit against the assailant individually, a claim for criminal compensation and sometimes, a claim against the venue at which the assault occurred.
All assaults should be reported to police promptly and medical attention should be obtained with a view to recording the extent of injuries.
Victims are entitled to bring an application for compensation pursuant to criminal compensation legislation where the assailant is convicted on indictment (before a jury). Such application is required to be made before the same judge who convicts the assailant. Notice of the application is usually given at the time of sentencing and the matter is adjourned to allow doctors' reports etc to be obtained. If the assailant has already been convicted, an application may be brought after conviction but there are good reasons why such application should be made promptly.
Criminal compensation entitles you to receive compensation for physical injury and nervous shock i.e. psychological injury arising from the trauma suffered. It does not entitle you to recover any economic loss e.g. loss of wages, past or future, nor does it entitle you to recover exemplary, punitive or aggravated damages i.e. additional damages awarded to mark the law's disapproval of the assailant's conduct.
If the amount awarded by the Court is not able to be recovered from the assailant e.g. because the assailant has no assets then, an application may be made to the government for an ex gratia payment.
Legal costs incurred in making the application are not granted and they must be met by the applicant entirely.
Where the assailant is acquitted, there is no entitlement to criminal compensation.
If the assailant can not be apprehended, an applicaton for ex gratia compensation still can be made. This requires, among other things, a statement in writing from the investigating police that their investigation is closed.
As with other types of claims medical reports are required to establish the extent of injury and ongoing disability.
As an alternative, you may bring a civil damages claim against the assailant. Such a claim follows the usual court procedure and is similar in procedure and types of damages availble to a claim relating to a motor vehicle injury. All classes of damages are able to be recovered including loss of wages and aggravated punitive and exemplary damages in appropriate cases. A certificate of an earlier conviction in any criminal proceedings can be relied on. Where however a defendant has no assets and a judgment cannot be recovered from him, there is no opportunity to seek an ex gratia payment. Civil claims should only be brought where there is a reasonable likelihood that the Defendant has sufficient assets or funds against which a Judgment can be enforced.