Foilsiú
10570 (16 August 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: #10570
Date of incidents: Between [ ]
Date of receipt of application: [ ]
Decision outcome: Award of €25,810.
[ ], who is also known as [ ], (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that on various dates between [ ] and [ ], when she was [ ] years of age, she was sexually abused by a known offender whilst staying at [ ] in [ ] where she had been sent by her father to [ ] for the summer holidays. The Applicant claims that the mother of this family in [ ] and was absent from the home for much of the time, and that the father, a [ ], who kept anti-social hours, was often in the house alone with the Applicant and [ ], and took the opportunity during those times to sexually abuse the Applicant.
The Applicant first reported these incidents of abuse to the Gardaí on the [ ].
A Report from An Garda Síochána, dated the [ ], has been furnished to the Tribunal. It confirms that the Applicant’s abuser was convicted of [ ] charges of [ ] of the Applicant at [ ] on the [ ] and that on the [ ] he was sentenced to a [ ] custodial sentence (of which [ ]) for each of the [ ] convictions, which were to run concurrently. The Gardaí noted in their Report to the Tribunal that the Applicant’s abuser [ ]. At the time of his conviction, the Applicant’s abuser was already serving a sentence for the [ ] of another person, having been convicted in the Central Criminal Court.
The Applicant submitted an application for compensation under the Scheme which was received by the Tribunal on the [ ].
The Applicant’s claim is that she suffers from PTSD, night terrors, depression and anxiety, severe emotional distress and suicidal ideology as a result of the sexual abuse she suffered at the hands of her abuser. The Applicant has listed a number of medical practitioners she claims to have attended in respect of her injuries over the years, as well as the mental health service providers [ ] Hospital and [ ] Clinic, [ ].
It is clear from the Report from An Garda Síochana that the Applicant was sexually abused during the [ ] when she was [ ] years of age, that this abuse was reported later in time to the Gardaí and, that the perpetrator of these crimes was ultimately convicted and sentenced to custodial sentences in [ ]. From the foregoing, the Tribunal accepts that the Applicant was the victim of crimes of violence when she was a child and further accepts the Applicant’s claim that as result of these crimes of violence she suffered psychological injuries.
This application was received by the Tribunal on the [ ], which was just shy of [ ] years after the sexual abuse suffered by the Applicant.
Paragraph 20 (formerly paragraph 21) of the Scheme 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…”
It is clear from the wording of paragraph 20 that where an application is received by the Tribunal outside of the three-month time period permitted in normal course for submission of applications, it is within the Tribunal’s discretion to determine if the circumstances for the delay in submitting such an application justifies exceptional treatment, and if so, the Tribunal can accept that application for further consideration.
The Tribunal notes that at s.2 (f) of the Applicant’s application form, which expressly provides for an applicant to set out the reasons for delay in submitting their application, the Applicant has stated:
“It was historic sexual abuse case and the perpetrator of the crime was convicted and sentenced in [ ]. I couldn’t submit this application before from the anxiety and trauma caused”
The Tribunal acknowledges that the Statute of Limitations (Amendment) Act, 2000 introduced a new category of disability into Irish law, to allow for civil claims (in tort) to be taken in the courts in respect of historical child sex abuse cases. (1) This was in recognition of the situation where a person who has been sexually abused as a child may still be under a disability many years later due to psychological injury caused in whole or in part by the act of a person who committed the sex abuse, and that such psychological injury was of such significance that the abused person’s will or ability to make a reasoned decision to bring such an action was substantially impaired.
In the instant case, the Applicant’s claim is one of historical child sexual abuse. The Applicant first reported the abuse she suffered to the Gardaí in [ ] however her abuser was not convicted until [ ], and then sentenced for the crimes perpetrated upon the Applicant in [ ]. The Applicant submitted her application to the Tribunal on the [ ], which was within eight months of the sentencing of her abuser.
(1) Section 2 of the Statute of Limitations (Amendment) Act, 2000 introduced s.48A into the Statute of Limitations Act, 1957
The Applicant has stated clearly on her application form that she could not submit an application before that time due to the anxiety and trauma caused to her. The Applicant also claims to continue to suffer from PTSD, depression, anxiety, suicidal ideology, severe emotional distress and night terrors.
The Tribunal is of the view that the reasons for delay in submitting this application to the Tribunal, as stated by the Applicant on her application form, coupled with the recognition in law that a person can remain under a disability in such circumstances, justifies exceptional treatment of this application, and therefore the Tribunal will accept this application for further consideration.
The Applicant claims to suffer from a myriad of complex psychological/psychiatric issues. While the Applicant has named various mental health service providers as well as treating medics that she claims to have attended over the years in her efforts to address and treat her injuries, she has not submitted any medical evidence, records or reports, to substantiate her claims.
The only vouching documentation that the Applicant has provided to the Tribunal in support of her claim is a receipt in the sum of €810 for counselling received from the [ ] organisation, for counselling undertaken on various dates between [ ] and [ ].
The Applicant claims to have been employed/engaged as a [ ] manager in the [ ] services sector in the past, although beyond the Applicant’s own statement in this regard, no further details, nor documentation in respect of her employment status, has been submitted to the Tribunal. It appears that the Applicant has not worked since [ ], and has been in receipt of illness benefit and more recently invalidity benefit, as well as a number of other Department of Social Protection payments, ever since. No loss of earnings claim has been substantiated.
It is clear that the Applicant was the victim of sexual abuse when she was a young teenager in [ ] and that her assailant was eventually convicted of these crimes in [ ]. Although no documentary evidence has been furnished to the Tribunal, to outline and support the nature, extent and/or duration of the psychological injuries suffered and/or sustained by the Applicant as a result of this sexual abuse, the Tribunal nonetheless accepts that the Applicant suffered, and continues to suffer, the effects of this abuse. As these incidents of abuse occurred in [ ] which was prior to the changes in the Scheme which took effect from [ ], the Tribunal is in a position, in the instant case, to recognise the Applicant’s pain and suffering, and to compensate her by way of general damages for same.
Accordingly, the Tribunal awards the Applicant the sum of €25,000 in compensation, in addition to the expense incurred by the Applicant in the sum of €810 for counselling she undertook from [ ] through to [ ], in respect of her injuries.
The Tribunal acknowledges the particular difficulty posed for the Applicant where her abuser, [ ], [ ]. The Tribunal acknowledges the Applicant’s suffering and wishes her well into the future.
Nora Pat Stewart
Dated: 16 August 2022