Publication
10528 (16 February 2011)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme for Compensation for Personal Injuries Criminally Inflicted Pre-1986
Applicant: [ ]
Claim Ref. No: 10528
The applicant herein was abused by [ ] when she was around [ ] old. She states he touched her inappropriately outside her clothes and on one occasion he got her friend to touch her breasts. He also showed her pornographic photographs. The abuse was reported to the gardaí on [ ]. The abuser denied abusing the applicant but was charged with and convicted of one count of indecently assaulting her.
The abuse the subject matter of this claim occurred around [ ]. The matter was reported to the gardaí on [ ] and the Tribunal was notified on [ ] [ ], some 27 years after the abuse occurred. Under Article 21 of the Scheme a claim must be made not later than 3 months after the event giving rise to the injuries, except in circumstances determined by the Tribunal to justify exceptional treatment. In her application form the applicant states that the reason for the delay in submitting her claim to the Tribunal was that she was trying to forget what had happened and was also unaware of the existence of the Tribunal.
The circumstances surrounding the disclosure of the abuse are [ ] [ ] [ ]. After meeting with a group of other victims of the same abuser, the applicant decided to make a statement to the gardaí. Having regard to all the circumstances of the case, including the very young age of the applicant when the abuse occurred and her prompt reporting of the abuse to the gardaí after the assault, the Tribunal is exercising its discretion to extend the time limit and allow the applicant's claim.
The applicant submitted two reports which deal with the psychological effects of the abuse on her and the impact it has had on her educational achievements, the first a report of [ ] dated [ ] and the second a report of [ ] [ ] Educational Psychologist [ ]. In the aftermath of the disclosure of the abuse the applicant became moody and irritable and her sleep was disturbed. Her physical relationship with her partner suffered and was non-existent in the year immediately following the disclosure. She felt intimidated when she encountered the abuser [ ] [ ]. The applicant also became socially avoidant and was worried that people might have heard what had happened and would view her negatively. She also became obsessive around the house.
The applicant had always been very vigilant of her son and worried about him excessively. She has a history of [ ] which flared up from the time of the disclosure of the abuse and she was on medication to control it. While a teenager she started to drink and had used alcohol as a coping strategy. In [ ] opinion the applicant had experienced significant adjustment disorder symptoms following the disclosure of the abuse. It is further her view that the stress associated with the disclosure and the court case could have contributed significantly to the worsening of the applicant's symptoms of [ ].
The applicant did not have any real interest in learning but completed her Inter Certificate and Senior Certificate. She stated that she had poor self-esteem and self-confidence throughout school. After leaving school, she worked in a local care centre prior to moving [ ]. Upon her return she worked [ ] for a while before taking up a position as a [ ]. Recently she completed a [ ] [ ] course. [ ] conducted certain tests on the applicant and found that her cognitive ability was average. However, although her reading skills were just below the average range, her spelling and arithmetic skills were well below the average range. In [ ] the discrepancies between the applicant's cognitive ability and her numeracy and literacy scores suggest that she was unable to engage in adequate learning during her critical formative educational experience. It is her view that the emotional impact of the applicant's experiences of sexual abuse are likely to have contributed to the applicant's educational under-achievement.
In all the circumstances, the Tribunal is awarding the applicant a sum of €25,000 to compensate her for the effects of the abuse she suffered.
Dated this 16th day of February 2011
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