Publication
10549 (29 July 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
First Instance Decision
Name of appellant: [ ]
Application number: 10549
Date of incident: Dates unknown in the late [ ] and early [ ]
Date of application: Received by the Tribunal on [ ]
Members of Panel: Mr Roderick Maguire; Ms Majella Twomey; Mr. Peter Stafford
Decision outcome: Award in the sum of €132,981.56 including €715.90 in relation to the sum paid by the Medical Aid Society with a direction that this sum be repaid.
1. Mr [ ] (“the applicant”) made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’) on behalf of himself.
2. In his application for compensation under the Scheme, dated [ ], the applicant stated that he had suffered repeated serious sexual abuse as a child from a neighbour.
3. In his application form the applicant stated that, on various dates from approximately [ ] to [ ], he was sexually assaulted by Mr. [ ]. These assaults were perpetrated upon the applicant by Mr. [ ] in Mr. [ ] house and garden when the applicant was between approximately [ ] and [ ] old.
4. The Applicant made a Garda statement on file on [ ]. The abuse perpetrated is outlined in detail and is extensive, over a protracted period of time, and horrendous.
5. It was outlined in Garda statements on file that there was a criminal trial in relation to Mr. [ ] in [ ] before [ ] Circuit Court and that the jury were unable to reach a verdict in relation to a number of counts. [ ] Mr. [ ] was convicted on [ ] on 1 count of indecent assault on the Applicant and [ ].
6. It is clear from the papers on the file that the Applicant was subjected to extreme acts of criminal violence. The Garda Report, on file refers to “very serious” and “grievous” abuse causing the Applicant “great mental stress and trauma.” The said report also states that “the grievous sexual abuse that Mr [ ] suffered from the age of [ ] years of age has impacted very negatively and caused immeasurable damage to Mr [ ] quality of life.” The Tribunal is satisfied, on the balance of probabilities, that the Applicant had suffered personal injury which was directly attributable to a crime of violence. Further, on the same basis, the Tribunal is satisfied that the assaults perpetrated on the applicant by Mr [ ] were committed prior to 1986.
7. The Applicant was a child when these extreme crimes were perpetrated on him, and could not be expected to report any crime at that time. He outlined that he did not bring forward any claim, or indeed tell his family of the situation, until much later because of shame and threats from the perpetrator. The Applicant outlined that he suffered from depression and alcoholism as a result of the assaults. The Applicant has been on anti-depressants for long periods of time as an adult. A detailed outline of the case from Detective Sergeant [ ] dated [ ] corroborated the nature and extent of the criminal actions and outlined the physical and mental trauma that these extreme sexual crimes inflicted on the Applicant, which he stated caused “immeasurable damage” to the Applicant’s quality of life.
8. Therefore, because of the young age of the Applicant at the time of the injuries, and because of the severe nature of the injuries and their significant psychological effect, the Tribunal finds that there were circumstances justifying exceptional treatment to allow the application to be considered notwithstanding that the application was not made within the three month time limit set out in para. 20 (previously para. 21).
9. In its deliberations, the Tribunal carefully considered all of the documentary evidence.
10. The Tribunal awards the Applicant the sum of €7,265.66. This sum is made up of the vouched out of pocket expenses incurred by the applicant which are on file under cover of letter dated [ ] from the Applicant’s solicitors.
11. In addition, the Tribunal awards €715.90 in relation to the sum paid by the Medical Aid Society with a direction that this sum be repaid.
12. The Applicant lodged his application under the Scheme which was effective until [ ]. That Scheme provided, by paragraph 6, that general damages for pain and suffering under the Civil Liabilities Acts would not be payable for injuries sustained on or after 1 April 1986. The Tribunal is satisfied, on the balance of probabilities, that the assaults perpetrated on the applicant occurred prior to 1986. Accordingly, the Tribunal is empowered to make an award of general damages for pain and suffering for those assaults which occurred prior to 1 April 1986.
13. The Tribunal considered that an award of general damages in the sum of €125,000 is fair and appropriate in this regard to take account of the Applicant’s pain and suffering and the extensive impact on his life. In particular, the Tribunal notes the guilt the Applicant felt in relation to [ ] which the Tribunal notes is a particularly pernicious impact of the criminal acts when it is, of course, clear that the Applicant was in no way responsible for the crimes perpetrated by Mr. [ ] on himself or other persons. The Tribunal also notes that the Applicant’s relationship with his wife and children was negatively affected, he was impacted in his attainment through his life, and he suffered from ongoing nightmares, depression and alcoholism.
14. NA.
15. The Tribunal makes an overall award in the sum of €132,981.56 including €715.90 in relation to the sum paid by the Medical Aid Society with a direction that this sum be repaid.
16. The Tribunal wishes to commend the Applicant and sympathise with him in relation to the horrendous and isolating crimes he suffered at a young age, over a prolonged period. The Tribunal notes the incredible and steadfast way that the Applicant has succeeded in so many areas of his life despite being the victim of such crimes, and the high level of personal, professional and family success that he has attained and wishes him well in future.
Roderick Maguire on behalf of Majella Twomey and Peter Stafford
Criminal Injuries Compensation Tribunal first instance Decision
29 July 2022