Publication
10558 (8 November 2019)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
File No. 10558 (Old Scheme)
Name of Applicant: [ ]
Solicitors: [ ]
Date of incident: [ ]
Tribunal notified: [ ] (application form dated [ ] )
On the [ ] the Applicant made a statement to the Gardai arising out of an incident when she was a child aged [ ] [ ] [ ], when she was [ ] [ ] [ ] who then sexually assaulted her. The Applicant travelled [ ] specifically in order to make the statement to the Gardai, travelling [ ] where she resides. The Garda Report of [ ] sets out that a file was prepared for the DPP, who directed no prosecution. A letter from the Applicant's solicitor, dated [ ], confirms that no compensation was received from the perpetrator.
It appears the perpetrator was tried and convicted in or about [ ] in relation to multiple other sexual assaults and was sentenced to a period of imprisonment (this appears from the Applicant's own statements). It also appears from her statement that [ ] were also victims of [ ]. At the request of the Applicant's solicitor, the Applicant subsequently attended a Consultant Psychiatrist, whom she attended on the [ ] and a report is available from [ ] [ ] Consultant Psychiatrist, [ ]. The psychiatrist, who apparently examined the Applicant on one occasion, has described the Applicant as suffering from chronic Post Traumatic Stress Disorder, which symptoms increased with each disclosure experience. It does appear that the Applicant at or about the time she got married aged [ ] years of age ([ ] ) was asked by her mother whether she too had been abused by [ ] and this was the first disclosure by the Applicant of same.
The first matter the Tribunal has to consider in this instance is whether the Applicant may make a claim at such a remove of time from the matter complained of. Article 21 of the Scheme provides that applications should be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months from the incident giving rise to the injury. While the Tribunal has the benefit of a medical report from a Consultant Psychiatrist with regard to the Applicant's capacity to bring the within application at an earlier stage, and while same may assist the Tribunal, it is ultimately a matter for the Tribunal itself as to whether or not circumstances exist to justify the extension of time for such a long period.
The Applicant was a young child when the sexual assault occurred. In terms of functioning, the Applicant feels she underperformed academically although she was able to get about her life and was able to gain employment as [ ] [ ] and continues to be employed as such.
The Applicant has [ ] from her marriage, which broke down when the children were young, and the Applicant returned from [ ] where she has reared her [ ].
While her relationship with [ ] appears to have always been difficult, the Applicant recounts how the incident negatively affected her relationship with [ ] [ ] and with men in general, and that she suffered trust issues as a result of the sexual assault. The Applicant is of the view that this was a contributory factor to the breakdown of her marriage.
The Applicant has had other upsets in her life including the suicide of [ ] [ ]. The Applicant herself also suffered from a [ ] for which she required surgery. Her previous medical history discloses the [ ] [ ] who subsequently died. Also [ ] was seriously ill.
The Applicant states that she did not feel strong enough to make an official complaint/report with regard to the sexual assault suffered by her until her statement to the Gardai [ ]. What appears from the Applicant's own account is that she had an avoidance mechanism for dealing with the sexual assault, which while it was at the back of her mind, her mechanism for dealing with same appears to have been to avoid doing so.
The trial of the perpetrator in or about [ ] for other similar sexual assaults, appears to have brought matters to the fore for the Applicant and in or about August [ ] she travelled [ ] to make her statement to the Gardai.
Beyond that period there was a further delay of approximately one year before the application was made to the Tribunal. The Applicant attended a Consultant Psychiatrist on the [ ] (approximately 3 months prior to the within application).
Overall the Tribunal is of the view that there are exceptional circumstances to justify the extension of time up to the making of the within application and in this regard the Tribunal has specific regard to the Applicant's own account as to how she dealt with the sexual assault and the fact that she was a young child at the time.
As set out by the Applicant the sexual assault has had a negative effect on her life, for most of which time she has carried the burden of the sexual assault by herself. The disclosure of her experience has been helpful to her in some respects. The Applicant has had other difficulties in her life as set out above.
The Applicant did continue in school and has been employed throughout her life in [ ] and continues to be so employed.
As the assault took place prior to 1 April 1986 the Tribunal may award damages for pain and suffering (See Article 6 (e) of the Scheme). In all of the circumstances the Tribunal will make an award of €25,000 to the Applicant for general damages. The Tribunal will further award the medical report fee of [ ] [ ] of €798, together with [ ] travel expenses in the sum of €70 and [ ] [ ] €6.90.
The total award therefore is the sum of €25,874.90.
Dated this 8 day of November 2019
Signed [ ]