Compensation is only available if an offence can be proved beyond reasonable doubt. If the offender was successfully prosecuted there will be no difficulty in proving the offence [Victims of Crime Act 2001 (SA) s 22(2)].

Sometimes the offender is never found. Sometimes a prosecution does not proceed, or proceeds but does not result in a conviction. In such cases, a compensation claim may still succeed if there is enough evidence that the victim’s injuries resulted from a crime. Independent evidence corroborating the crime will be required [s 22(3)]. This can take many forms and is not limited to eyewitness evidence.

In some cases where the offence cannot be proved, a grace payment may be available. See Discretionary payments by the Attorney-General.