Rule 12 Determination of award of redress: aggravating factors

(1)

This rule sets out factors which are to be regarded as aggravating for the purposes of section 12 of the Measure on an application for redress under section 3.

(2)

In a case where the person who suffered abuse reported to one or more Church officers that the abuse had been committed, each of the following is to be regarded as an aggravating factor—

(a)

one or more Church officers disbelieved the report of the abuse;

(b)

one or more Church officers did not co-operate with ensuing investigations;

(c)

one or more Church officers made threats to the person who suffered the abuse in order to discourage that person from disclosing the abuse to others;

(d)

one or more Church officers who knew that the person who committed the abuse had the propensity to commit abuse did not do anything to prevent the person from committing abuse.

(3)

In a case where more than one person committed abuse, that fact is to be regarded as an aggravating factor.

(4)

In a case where the person who suffered abuse was aged under 18 when abuse to which the application relates was carried out, that fact is to be regarded as an aggravating factor.

(5)

“Church officer” has the meaning given in section 5 of the Measure.