Foilsiú
53275 (11 January 2023)
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 - 53275
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant submits that she was sexually assaulted on two occasions in [ ]. The perpetrator was prosecuted and received [ ] years’ probation on a guilty plea. The Applicant did not receive any compensation in respect of the incident.
Pursuant to paragraph 20 of the Scheme 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. The Tribunal accepts that the Applicant was a child on the dates the incidences occurred. Upon reaching the age of majority in [ ] the Applicant does not appear to have been receiving any counselling, the Tribunal accepts that on occasion due to the severity of the anxiety arising from child sexual abuse there may be a delay in accepting that the abuse occurred and/or in seeking appropriate treatment in relation to same.
The Applicant’s application provides that the Applicant attended counselling in or about [ ]. By letter dated the [ ] Dr [ ] states that the Applicant was suffering from anxiety and depression and would benefit from a sustained course of SSRIs and notes that the Applicant had been prescribed [ ]. Medical reports submitted by the Applicant do not support the proposition that the Applicant continued to suffer from a disability so as to prevent her from making a claim after [ ].
In circumstances where the Scheme provides for a three month time period in which to submit an application the Tribunal finds that the Applicant should have submitted her application within three months of the [ ] when she received help from her GP in relation to the anxiety and depression arising from the incidences. In circumstances where the application has been made outside the time limit the Tribunal makes no award in this instance.
Dated 11 January 2023
Signed: Mema Byrne BL