Publication
10520 (15 February 2012)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Appeal
Applicant: [ ]
Claim Reference No: 10520
The claimant applied to the Tribunal for compensation in respect of injuries suffered by her on a number of occasions between [ ] at which time she was aged between [ ]. The Tribunal notes that the application was considered by a sole member who refused the Applicant's claim under Article 23 of the scheme, that is that the offence was not reported to the Gardai without delay. The Tribunal has given very careful consideration to this aspect of the Applicant's claim and in particular have attached considerable weight to the submission made on her behalf by [ ] SC and her own oral evidence.
The Applicant was the victim of sexual abuse which appears to have had a profound effect on her life thereafter. The abuse occurred when she was [ ] of age and as with other victims of sexual abuse, in the early childhood, she was unable to inform her family at that time or thereafter. From the medical records available to the tribunal it is noted that she underwent a period of treatment and therapy [ ]. The Applicant was seen by [ ] Consultant Psychiatrist, on behalf of the tribunal in [ ]. The applicant acknowledged the abuse that she had been subjected to during her earlier course of her therapy, however she did not report this to the relevant authorities and it does not appear that she was encouraged to do so by any treating professionals.
The Applicant attended [ ], whom she informed of the earlier abuse. [ ] advised that she report the matter. She thereafter reported to the Garda authorities on [ ]. The Tribunal was notified of a claim, by the solicitors for the Applicant, on the [ ]. The Tribunal with the benefit of the explanation provided by the applicant in her oral evidence and the submissions made on her behalf in respect of article 23, accepts that the matter was not reported to the Gardai prior to [ ] primarily in that the Applicant, given her age at the time of the abuse she suffered was in the intervening period since [ ] suffering from a disability as contemplated by the Statute of limitations. The Tribunal is thus satisfied that in the exceptional circumstances the Applicant made all reasonable efforts to notify the Garda Siochana of the offence and to cooperate with them.
Having overcome the hurdle of article 23, we must also consider that the application form was received on [ ] outside the three-month time limit provided for under article 21 of the scheme. The Tribunal has determined that in the aforementioned exceptional circumstances of this particular case, such delay should not be considered unreasonable.
Having reviewed the medical reports made available to the Tribunal and having taken the oral evidence of the Applicant into consideration, the Tribunal is of the opinion that the abuse as described by the Applicant albeit at the lower end of the scale involved a victim of tender years. The consequences of the assault suffered by the Applicant had a detrimental effect on her life thereafter.
The Tribunal makes an award in the sum of €50,000.00 for General Damage. Taking into account the reports and other submissions, coupled with the Applicant's evidence, the Tribunal has determined that special damage in the sum of €44,487.50 should be awarded to the Applicant. Special damage in the sum of €10,037.50 which figure includes a contribution of €350.00, in respect of the transcript supplied to the tribunal, has been vouched. A substantial sum, un-vouched has been included in the claim for Special Damage. In relation to dental care the tribunal had available to it the vouched figure for past care of €1,854.00 and €5,250.00 for future care. In the absence of vouching documentation for the future treatment as claimed a sum of €10,000.00 for this aspect of the claim, is included in the special damage award. The award of special damage is made having taken into consideration that vouchers for the treatments undertaken and many future treatments for the Applicant were not available.
The final award made in the claimant's favour in the sum of €94,487.50.
Dated the 15th day of February 2012
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