Courts / Ireland / Report

Sex assault victim challenges exclusion from State compensation scheme

Summary

A High Court judicial review has been granted to a young woman challenging her exclusion from the State compensation scheme for victims of violent crime. The applicant, who was sexually assaulted as a 12-year-old in 2015, claims the Criminal Injuries Compensation Tribunal unlawfully refused her application due to time limits. She argues that the Tribunal's April 2021 introduction of an absolute two-year limit retrospectively interfered with her rights and breached fair procedures. Mr Justice Charles Meenan granted permission to bring the challenge, making the matter returnable next month to be heard alongside a similar action. The underlying offences involved two male minors who forced the victim to perform oral sex on separate dates in August 2015. The older male, now in his early twenties, pleaded guilty to two counts of sexual exploitation of a child and was sentenced to four years' imprisonment plus two years' post-release supervision. The younger male, who claimed he was coerced by the older male, pleaded guilty to engaging in a sexual act with a child and was sentenced to 180 hours of community service. Both defendants apologized to the victim, who continues to suffer from PTSD.

Who, what, where, when and why

What: Report matter: Sex assault victim challenges exclusion from State compensation scheme. Charges or matters: engaging in a sexual act with a child. Procedural stage: sentence

When:

• April 2021 Hearing Or Sentence
• August 2021 Other
• August 21 Hearing Or Sentence
• August 25, 2015 Hearing Or Sentence
• 2021-11-22 Publication

Why: However, her application was refused by the Criminal Injuries Compensation Tribunal, the body which administers the scheme, because it was made outside the allowed time limit. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

Read the original CNI report