52191 (11 November 2022)

File Number – 52191

Criminal Injuries Compensation Tribunal

Applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

The Applicant submitted that she was sexually assaulted and raped on the [ ]. She received minor injuries and bruising to her body. The Applicant informed the Gardaí that she was out for a few drinks with a Mr [ ]. They returned back to a house at [ ] and she stayed up with the partner of Mr [ ]. She later went to bed and woke up to find Mr [ ] sexually assaulting her and he subsequently raped her. The matter was reported to An Garda Síochána immediately and a statement of complaint was taken from the Applicant and she was brought to the Sexual Assault Treatment Unit in [ ] Hospital where she had a physical examination by doctors there. The Applicant subsequently felt very depressed and suicidal. On file is a letter dated the [ ] from [ ] GP Services which diagnosed the Applicant as suffering from worsening depression and suicidal ideation. By letter dated the [ ] the [ ] Rape Crisis Centre provided a letter stating that in the opinion of the counsellor working at the Rape Crisis Centre the Applicant is not able for work at that time. A second letter from the Rape Crisis Centre dated the [ ] indicated that the Applicant had been coming to counselling for post traumatic stress in the Rape Crisis Centre since [ ].

Pursuant to paragraph 20 of the Scheme an application must be received within three months of the date of the incident. In the instant case exceptional circumstances have been outlined so as to allow the Tribunal extend the time period for the application to be admitted to the Scheme. The Tribunal accepts that the Applicant was suffering from post traumatic stress disorder following the incident on the [ ] and accordingly admits her application to the Scheme.

Pursuant to the terms of the Scheme an Applicant may be compensated for special damages incurred as the result of personal injuries suffered as the result of a crime of violence. The Applicant has not submitted any vouchers or evidence that she suffered special damages as a result of the incident that occurred and as a result no award is made in this instance.

Dated: 11 November 2022

Signed: Mema Byrne BL