Publication
53951 (25 March 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 53951
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant claims that she was sexually assaulted by a [ ] (“offender”) in the [ ] located at [ ] in [ ].
3. The incident was reported to [ ] Garda Station. The Gardai have advised that a file was sent to the DPP, who directed that no prosecutions should be pursued against the offender. The reasons for this direction from the DPP have not been outlined to the Tribunal.
4. The applicant sustained severe psychological injuries which are duly and comprehensively outlined in the report of Ms [ ], Psychotherapist dated [ ], including anxiety, depression, insomnia and symptoms of complex PTSD. The applicant received treatment and support from the Rape Crisis Centre and from her own GP. She also attended psychotherapy and counselling with [ ].
5. The applicant has failed to vouch and prove that he actually incurred any out-of-pocket expenses. The applicant is seeking expenses in respect of pain and suffering only.
6. The application was received over 4 and a half months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme 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”. The applicant’s solicitors advised that the applicant was unaware of the Scheme. They further opine that the time limit is too short and in breach of EU law. The Tribunal has carefully considered the enclosed application, and in particular, the report of [ ], Psychotherapist dated [ ]. It is evident that the applicant was severely destressed after the incident and developed severe psychological injuries, including PTSD. These psychological injuries rendered her essentially unable to function whatsoever. She suffered terribly (and indeed continues to suffer). Accordingly, even if the applicant was unaware of the Scheme, the Tribunal has no doubt that the applicant was significantly impeded and in no fit mental condition to make the application any sooner that she did. For the forgoing reasons, the Tribunal finds that this application merits exceptional treatment and will admit this application to the Scheme.
7. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering under the terms and conditions of the (Pre-2021) Scheme in force at the date of the incident. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant has failed to vouch and prove that she incurred any out-of-pocket expenses.
8. While no prosecutions were directed by the DPP in the criminal proceedings, the burden of proof that applies in criminal prosecutions is beyond a reasonable doubt, however, applications coming under the remit of the Tribunal are determined on the balance of probabilities. The Tribunal finds that the applicant has provided a credible and truthful account of the events that unfolded on the night of the incident and accordingly that she was the victim of a sexual assault. In making this finding the Tribunal is cognisant that the incident was reported contemporaneously and expeditiously to both her friend and then to the Gardai. She cooperated with the Gardai. She sustained severe psychiatric symptoms which required extensive medical treatment.
9. However, the Tribunal has no jurisdiction award (general) damages for pain and suffering. In circumstances where the applicant has not provided the Tribunal with any out-of-pocket expenses, it is with the greatest of regret that the Tribunal can therefore make no award to the applicant.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
25 March 2023