54911 (15 September 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.
File number - 54911
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ] and [ ]
Date application received: [ ]
On the [ ] the Applicant was raped by [ ]. An Garda Síochána received a report by members of the public that the Applicant had been found in an extremely distressed state. The perpetrator was arrested and charged and ultimately convicted and sentenced to [ ] imprisonment at the [ ] Prison. No compensation was paid to the Applicant in respect of the incident. The Applicant submitted that she suffered post traumatic stress disorder following the incident and it was only when the Accused had been convicted that she felt strong enough to make a claim to the Criminal Injuries Compensation Tribunal. Further, the Applicant submitted that nobody informed her that she could make a claim to the Criminal Injuries Compensation Tribunal until the Accused had been convicted. The Applicant submitted a victim impact statement that she had suffered a lot emotionally as a result of the incident. The Applicant also submitted that she had expended money on counselling and had suffered significant loss of earnings as a result of the incident. The Applicant submitted that as a self-employed [ ] it was extremely difficult to cope with running a business, her family and also the trial in relation to the incident that had occurred. She submitted that as a result of this she ultimately had to close the doors of her business. The Applicant submitted that she has been unable to go back to work since the trial as it has been too much for her. The Applicant submitted that she was unable to pay her bills that amounted to over €4,000 and that it has affected her credit rating. The Applicant submitted evidence to support this aspect of her claim.
By letter dated the [ ] Co Solicitors submitted vouching documentation in respect of the Applicant’s loss of earnings. The Tribunal wrote to the Applicant’s solicitor and informed the Applicant’s solicitor that from the [ ] no claim could be accepted where the event giving rise to the injury had occurred more than two years prior to the application. In response the Applicant’s solicitors stated that the Applicant had suffered a reactivation of her injuries/ further psychological injuries in or about [ ] and the Applicant’s application form states that on the [ ] she suffered a mental breakdown and attended her GP. Ultimately this led to a psychiatric assessment, and she attended an outpatient clinic from [ ] to [ ]. Paragraph 20 of the Scheme provides:
"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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of application"
It is clear from the foregoing paragraph that an application may not be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of application. In this incident the event that gave rise to the Applicant’s injury was the rape that occurred in [ ]. While the Applicant may have suffered a reoccurrence of the trauma in [ ], this does not bring her application within the terms of the Scheme as the event giving rise to the injury took place more than two years prior to the date of application. The event giving rise to the injury must be a crime of violence giving rise to personal injuries. While the trial of the Accused may have reactivated the Applicant’s injuries, a criminal trial cannot fall within the definition of a crime of violence and therefore cannot be classified as the event giving rise to the Applicant’s injuries. In the circumstances the Applicant’s application falls outside the terms of the Scheme and no award is made.
Dated: 15 September 2022
Signed: Mema Byrne BL