Publication
10508 (July 2011)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme for Compensation for Personal Injuries Criminally Inflicted (Pre-1986 Scheme)
Applicant: [ ]
Reference: 10508
This is an appeal against a decision of a single member of the Tribunal of [ ] [ ] which refused the applicant's claim on the basis of Article 21 of the Scheme, which states that, "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. In the case of an injury arising out of an event which took place before the commencement of the Scheme, the application must be made not later than three months from the date of the commencement (subject, also, to the foregoing exception)."
The single member determined that the circumstances of the applicant's case were not such as to justify extending the three month time limit.
The applicant's claim relates to sexual abuse perpetrated on her by [ ] whilst a minor, during a period [ ] to [ ] (from the ages of [ ] approximately). She first reported the offences to the gardaí on [ ], but the Tribunal was not notified until [ ]. In reaching her decision, the single member accepted that the applicant was suffering from severe trauma, both emotional and psychological, as a result of the abuse, which prevented her from reporting the offences to the gardaí at an earlier date. However, she found that from [ ] the applicant was in a position to make an application under the Scheme, but did not do so until over two and a half years later.
At the hearing of the appeal on [ ] [ ] made detailed submissions with regard to Article 21 of the Scheme. [ ] stated that the Tribunal has a broad discretion with regard to the time limit under Article 21. He submitted that the following amounted to circumstances, which justified exceptional treatment by the Tribunal, so as to extend the time limit for the applicant's claim:
1. The personal circumstances of the applicant
She was a vulnerable young person, who was [ ] at an early age, something the perpetrator preyed on. He threatened her that if she complained about the abuse, she would be removed from her family.
2. The circumstances of the crime
The applicant was between the ages [ ] when the abuse occurred. The offences committed against her involved exceptional depravity by a perpetrator in late middle age, who abused his dominant position. There were threats to remove her from her family as well as the offering of financial reward.
3. The consequences of the crime
The applicant has suffered serious psychological problems, which have been continuous since [ ]. She also suffers from physical consequences, such as stress headaches and has been unable to maintain employment for any period greater than one year.
4. The response of the Gardaí
The gardaí told the applicant not to discuss the case with anyone, lest it prejudice the outcome. The applicant strictly obeyed this instruction and believed she could not disclose the abuse to anyone. At this time the applicant believes that she lacked judgement, insight and awareness.
**5. The response of [ ] and the [ ] to the abuse
There was a mixed response from [ ] to the abuse, with some of them taking the abuser's side. [ ] [ ]. The [ ] also failed to take any actions to support her.
6. The death of the applicant's mother
The applicant's mother was diagnosed with [ ] in [ ] and subsequently died, which was very difficult for the applicant to deal with.
7. Lack of representation
The applicant was not represented by a solicitor when she made her application to the Tribunal.
[ ] argued that the applicant was under a disability which post-dated the complaint to the gardaí by about three years. He submitted that the Tribunal does not need to be guided by the Statute of Limitations (Amendment) Act and further that it was unfair to apply a three month time limit from the date of the complaint to the gardaí, as such a limit does not allow for the consideration of exceptional circumstances.
The applicant is currently working on a [ ] and is also in receipt of disability allowance. Her last job before that was in [ ]. In [ ] she recommended attending the Rape Crisis Centre and the [ ] Mental Health Services. She is currently on anti-depressants and other medications for [ ]. In terms of the social impact of the abuse on her, the applicant stated that she has difficulty showing affection and trust. She has no relationships with men or other personal relationships and has very low self-esteem.
It is important in this case to separate the levels of courage and knowledge required to bring an application to the Tribunal from those needed to make a complaint to the gardaí. The Tribunal is satisfied in this particular case (emphasis added) that the applicant was labouring under a twofold disability before she notified the Tribunal of her claim [ ] [ ] namely:
1. an understanding (erroneous perhaps), that the injunction from the gardaí not to discuss the matter operated to prevent any discussion outside the confines of the criminal prosecution; and
2. given the traumatic experience of the applicant's [ ] doubting and/or denying the veracity of her account of the abuse perpetrated on her and of some of the [ ] taking the abuser's side, it is accepted that it was not until the applicant resumed counselling at the [ ] Rape Crisis Centre at the beginning of [ ] that this all too real impediment and disability, which had heretofore prevented the applicant from applying to the Tribunal was removed.
Therefore, in the applicant's case there are exceptional circumstances, justifying the extension of the time limit under Article 21 and the applicant's claim under the Scheme is thus allowed.
Taking everything into account, including the severity of the abuse and its impact on the applicant outlined in the various medical reports, a sum of €250,000 is awarded to the applicant, comprising €150,000 in general damages and €100,000 for loss of opportunity/loss of earnings as a result of the abuse perpetrated on her. In respect of the latter, it is noted that the applicant has submitted an actuary's report, calculating a loss of €100 net per week in the past and into the future. However, this figure is entirely speculative and the Tribunal feels it more appropriate to award a global sum in respect of loss of opportunity/loss of earnings generally.
It is acknowledged that no monetary sum can compensate the applicant for the horrific trauma which she endured, the effects of which continue to plague her to the present day. However, it is hoped that the award by the Tribunal will go some way towards enabling the applicant to receive the appropriate care and attention she requires to deal with the effects of the abuse perpetrated on her and to provide her with a degree of financial stability, so that she can concentrate on attempting to move forward with her life as best she can.
Dated: July 2011