53122 (10 February 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 53122

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In her application for compensation under the Scheme, received by the Tribunal on the [ ], the Applicant states that she was the victim of sexual abuse over a prolonged period of time from the years [ ] to [ ].

3. The circumstances of the incidents of abuse by the Applicant are outlined in her Application Form to the Tribunal. The circumstances of the incidents are also outlined on the Applicant’s solicitors’ correspondence submitted to the Tribunal by way of letter dated the [ ]. It is noted thereon that the nature of the offence is that of historical sexual abuse which occurred between [ ] and [ ] while the Applicant was living in County [ ]. It is noted that the Applicant is now residing in the [ ].

4. A report from An Garda Siochana records details of the perpetrator who was a family member. They also note in correspondence dated [ ] that proceedings at that time were being contemplated by [ ] in the [ ].

5. Unfortunately it remains the case that no further information has been provided to the Scheme as to the losses incurred by the Applicant which may be recoverable pursuant to the terms of the Scheme. It is also unclear from the paperwork submitted whether a criminal prosecution in fact took place in the matter. It is noted however, and the Tribunal is satisfied, that the Applicant has established that she was the victim of a serious and sustained crimes of violence of which her injuries would necessarily be attributable to.

6. The application while therefore eligible for consideration requires to be grounded upon vouching documentation and details of any loss of earning incurred. In the absence of the provision of such information paragraph 11 of the Scheme applies.

7. Paragraph 11 of the Scheme states “No compensation will be payable to an Applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise”.

8. In the absence of the provision of this information to the Scheme by the Applicant the Applicant has not established her claim and therefore no award is made.

Georgina Robinson

Criminal Injuries Compensation Tribunal

10 February 2023