Publication
53871 (1 May 2022)
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
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ] to [ ]
Date application received: [ ]
Case reference: 53871
Determination: The applicant is awarded compensation of €72,217.75.
1. By way of application form marked as received by the Criminal Injuries Compensation Tribunal (“The Tribunal”) on [ ], Ms [ ] (“the applicant”) has made a claim for compensation from the Tribunal for injuries arising out of a crime of violence which took place during the years [ ] to [ ].
2. In her application form, the applicant states that between [ ] and [ ] the applicant was sexually assaulted on [ ] occasions in [ ] by [ ], and as a result experienced significant mental trauma, and a period of hospitalisation. The applicant stated that she was forced to give up work, and it was not until in more recent years she was able to inform her husband and the authorities about her experiences. The applicant informed Gardai of these incidents in [ ].
3. In a Report to the Tribunal dated [ ], Detective Garda [ ] reported that the applicant was sexually assaulted and on a number of occasions between January [ ] and March [ ] in various addresses in [ ] including her home, and was raped by him on at least one occasion in that period. The applicant reported that the same person stalked her, and held her against her will at an address in [ ], [ ]. She stated that a formal statement of complaint was made on [ ]
4. The Garda Report states that the applicant has no criminal record, and the investigation of the applicant’s complaints is still ongoing.
5. The applicant has resided in [ ] since [ ], and continues to live there.
6. As a result of the disclosure of her past experienced, and because of a diagnosis of PTSD, the applicant stopped working in [ ], and, at the time of making her application to the Tribunal, was not work. The applicant did not know when it would be likely that she would be able to return to work, having continued to receive counselling because of her ongoing PTSD.
7. The following documents were furnished to the Tribunal Member for decision
a. Application form completed by the applicant and dated [ ];
b. Garda Report to the Tribunal dated [ ], and correspondence between Tribunal Secretariat and An Garda Siochana;
c. Medical Report, [ ], [ ], [ ] dated [ ];
d. Medical Report, the [ ], dated [ ];
e. Letter, [ ], to the applicant dated [ ];
f. Medical letter, [ ] Medical Centre dated [ ] and invoice;
g. Letter re: employment of the applicant, [ ] of [ ] and [ ] dated [ ];
h. Notices of taxation assessment from the [ ] Tax Office for the years ending [ ] in [ ], [ ] and [ ];
i. letter from [ ] dated [ ] relating to social welfare payments;
j. Letter from applicant to Secretariat of the Tribunal, stamped as received [ ];
k. Correspondence between the Tribunal and the applicant regarding the submission of vouching documentation with respect to expenses and loss of earnings.
8. Paragraph 21 of the Scheme in place at the time of the applicant’s application states: “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 after the event giving rise to the injury.”
9. It is accepted that the sexual assaults which give rise to this application took place while the applicant was a minor and that the applicant had undergone a long period of counselling before reporting the matter to An Garda Siochana and making an application to the Tribunal when reaching adulthood. This is supported by copies of correspondence between the applicant and An Garda Siochana, as well as medical reports which have been submitted by the applicant to the Tribunal. It is therefore determined that the circumstances of this case justify exceptional treatment and the application is deemed admissible notwithstanding the delay in making the application to the Tribunal.
10. Paragraph 6(e) of the Scheme in place at the time of the applicant’s application to the Tribunal states that compensation will not be payable “in so far as injuries sustained on or after 1st April, 1986 are concerned in respect of pain and suffering.”
11. Therefore, the applicant may only recover compensation for out of pocket and other expenses which are duly vouched by documentary evidence before the Tribunal.
12. On [ ], the applicant wrote to the Secretariat of the Tribunal by email stating: “Unfortunately, I don’t have any physical injuries. As such, although I have suffered loss of earnings due to Ptsd which is directly attributable to the incident as confirmed by my therapist, I assume that wouldn’t suffice. As such, if I am correct in my assumption, I am happy for you to proceed with putting my case before the tribunal as it stands.”
13. The compensation which the applicant claims from the Tribunal can be considered under two headings: (a) loss of earnings and (b) medical and other expenses which are directly attributable to the crime of violence experienced by the applicant.
14. With respect to her loss of earnings, in a letter dated [ ], Mr [ ], head of [ ] at the [ ] [ ] and [ ] reported that the applicant was employed at their [ ] office from [ ] to [ ] when she left employment because of “some PTSD issues.”
15. In a letter, marked as received by the Tribunal on [ ], the applicant stated that her “earning potential has gone from approximately [ ] to 0.”
16. In support of her application, the applicant submitted copies of her notice of taxation assessment from the [ ] Tax Office for the years ending [ ] in [ ], [ ] and [ ]. Her tax assessment for the period to [ ] states that her “previous taxable income was [ ]” Her tax assessment for the period to [ ] states that her “taxable income is [ ]” and her tax assessment for the period [ ] stated that her “taxable income is [ ].”
17. The applicant also submitted a letter from [ ] dated [ ] confirming that the applicant has resided in [ ] since [ ] and has not received any entitlements which can be considered, for the purposes of the Tribunal, as social welfare receipts during her period of residency in [ ].
18. I am therefore satisfied that, based on the documents submitted to the Tribunal, the applicant experienced a loss of earnings which is directly attributable to the crime of violence which she experienced amounting to the sum of [ ] comprising as follows:
[ ]: [ ]
[ ]: [ ]
[ ]: [ ]
19. With respect to subsequent loss of income, the Secretariat of the Tribunal wrote to the applicant by email on [ ] stating that it was “open to you to furnish the Tribunal with a psychological report regarding your PTSD” and in absence of same, the applicant’s application would be considered by a member of the Tribunal on the basis of the documentation submitted by her.
20. On [ ], the applicant wrote to the Secretariat of the Tribunal by email stating: “I have not, due to severe PTSD worked at my [ ] for two years. Is it required or needed, that I should forward an income tax statement to show this lack of income?”
21. On the same date, the Secretariat of the Tribunal replied to the applicant stating: “You will be required to provide documentation establishing that you have incurred a loss of income because of the incident. You would have to show proof what your income was before the incident by providing documentation from the Revenue Commissioners and what your income stream has been subsequently. Once again, this would need to be established by providing official documentation from State bodies. The medical evidence on file would also need to show that any loss of income was because of the injuries suffered as a result of the incident that gave rise to the application.”
22. The applicant replied by email on [ ]: “I would appreciate it if you could now refer my case to the Tribunal.”
23. With respect to loss of income for the period from [ ], the applicant has not submitted any official documentation showing her income during this period upon which a determination of compensation can be made.
24. The applicant was able to provide official tax assessments from [ ] for the years [ ], [ ] and [ ]. There is no evidence before the Tribunal to explain why the same assessments for subsequent periods could not be made available to the Tribunal.
25. Therefore, while accepting, based on the medical reports furnished to the Tribunal, that the applicant continues to receive treatment for PTSD, no award of compensation for loss of earnings arising after [ ] can be made.
26. With respect to compensation for medical expenses, the only receipt before the Tribunal is for [ ] to [ ] for a consultation by Dr [ ]. I am satisfied that this expense was directly incurred as a result of the crime of violence experienced by the applicant.
27. Accordingly the applicant is awarded the sum of €72,217.75, being the euro equivalent of [ ] at today’s date comprising [ ] compensation for vouched medical expenses and [ ] for loss of earnings [ ].
Peter Stafford BL
1 May 2022