Publication
10544 (7 February 2013)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Scheme of Compensation for Personal Injuries Criminally Inflicted
Applicant: [ ]
Claim Ref. No: 10544
The applicant's claim relates to sexual abuse he suffered at the hands of his [ ] [ ] from the years [ ] between the ages of approximately [ ]. The applicant moved to [ ] in [ ] and tried to put the abuse behind him. In [ ] [ ] texted him to inform him, that the abuser was before the courts for abusing other children in the past. The applicant told [ ] about the abuse just before [ ] and on [ ], he approached a garda at [ ] [ ] and informed him that he was also a victim and was considering making a complaint. He made a written statement to the gardaí on [ ] [ ] and the criminal case came before the courts on [ ] at which the abuser was given a [ ] sentence.
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. The abuse in this case occurred between [ ] and the applicant's claim form was not received until [ ], some 22 years later. The applicant states that the reason for the delay was that he moved [ ] [ ] [ ] to establish a new life for himself and suppressed his feelings in relation to the abuse until [ ] when he found out that the abuser was in court for abusing [ ]. He further states that the disclosure of the abuse to the gardaí resulted in him suffering a major episode of clinical depression.
While the Tribunal accepts that the applicant may have suppressed the abuse until [ ] when he heard about the criminal proceedings against the abuser for abusing other children, he was clearly in a position to report the abuse to the Gardaí at the start of [ ] and engaged fully in the criminal process, leading to the abuser's conviction in [ ]. Although the applicant has submitted a report from [ ], Consultant Psychiatrist, in support of his application, same does not deal with the reasons behind the failure to make a claim to the Tribunal between [ ]. The applicant has also not advanced any reasons for such failure, despite being requested to do so.
Therefore, the Tribunal does not feel that there exists circumstances justifying exceptional treatment in this case and unfortunately the Tribunal must refuse the applicant's claim under Article 21.
Dated this 7th day of February 2013
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