Courts / Ireland / Report

Woman raped by father challenges exclusion from compensation scheme

Summary

A woman has brought a High Court challenge against her exclusion from the State compensation scheme for victims of crime. The applicant, who cannot be identified for legal reasons, was raped and sexually abused by her father between 1995 and 2002. Her father pleaded guilty to 32 offences at the Central Criminal Court, including rape and sexual assault, and was jailed for eight years in 2018. The Criminal Injuries Compensation Tribunal denied her claim under a legacy provision that barred compensation where the offender and victim lived in the same household. Although this section was removed in 2021, the Tribunal applied it to her claim lodged under the older scheme. An appeal panel upheld the refusal earlier this year. The woman argues the decision breaches her rights and fails to transpose EU law regarding victim entitlements. She seeks orders quashing the determination and declarations that the scheme is incompatible with EU directives, unconstitutional, and contrary to the European Convention on Human Rights. The matter was heard by Ms Justice Niamh Hyland, who granted permission to bring the challenge on an ex-parte basis. The case is adjourned and will return before the courts in December.

Who, what, where, when and why

What: Report matter: Woman raped by father challenges exclusion from compensation scheme. Charges or matters: 32 offences at the Central Criminal Court, including rape and sexual assault, and in 2018 was jailed for eight years. Procedural stage: sentence

When:

• 1995 and 2002 Incident
• 2023-10-24 Publication

Why: The woman claims that the decision breaches her rights and submits that there is "no basis" for her exclusion from the scheme simply because her abuser was a member of the same household. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

Read the original CNI report