England: Woman who was sexually abused by stepfather vindicated in court with abolition of ‘same roof’ rule

The rule denied payouts to victims who lived in the same home as their attackers before 1979.

But the Court of Appeal ruled it was incompatible with human rights law.

Solicitors for the woman, “JT”, said “40 years of injustice” had been overcome with the ruling.

The rule was meant to ensure that perpetrators would not benefit from the money given to victims they lived with. It was changed in 1979 so that child victims of domestic crimes were able to claim compensation, but the changes were not made retrospectively.

In 2012 more changes were enacted but the same-roof rule was preserved amid fears its abolition would lead to a rise in claims.

Lord Justice Leggatt, sitting with Sir Terence Etherton and Lady Justice Sharp, said: “A scheme under which compensation is awarded to [the other victim] but denied to JT is obviously unfair.

“It is all the more unfair when the reason for the difference in treatment – that JT was living as a member of the same family as her abuser, whereas [the other victim] was not – is something over which JT had no control and is a feature of her situation which most people would surely regard as making her predicament and suffering even worse.”

JT said: “After so many knock backs in my life I was expecting the worst.”

“I am delighted at the decision, not just for myself but hopefully this will help others like me.

“I do not live at the minute - I just exist - I am hoping that I can finally get some sort of life.”

There are separate challenges being made to the rule in Scotland and Northern Ireland.