A woman who was raped and sexually abused during her childhood by her father has brought a High Court challenge over her exclusion from a State compensation scheme for victims of crime.
The court heard that the woman's application was denied due to a term in the Criminal Compensation Scheme, at the relevant time, that prevented victims who lived in the same household as the offender from seeking compensation.
This section was removed from the scheme when it was revised in 2021.
The woman was abused by her father on dates between 1995 and 2002 when she was aged between 11 and 18 years old.
Her father was charged after she made a statement to the gardaí. Her father pleaded guilty to 32 offences at the Central Criminal Court, including rape and sexual assault. He was jailed for eight years in 2018.
The woman, who cannot be identified for legal reasons, sought compensation from the Criminal Injuries Compensation Tribunal, which administers the scheme.
Arising from its refusal to compensate, she has brought an action over the section of the scheme that was in being when she lodged her claim.
Removed section
The now removed section stated that "no compensation will be payable where the offender and the victim were living together as members of the same household at the time the injuries were inflicted".
As the woman's compensation claim was made when the older scheme was in operation, the Tribunal deemed that "no compensation was payable to her."
She appealed that decision. Earlier this year, the Tribunal's appeal panel upheld the refusal.
She claims that the decision breaches her rights, and that there is "no basis" for her exclusion from the scheme simply because her abuser was a member of the same household as her.
She also claims that the State respondents have failed to transpose EU law regarding the entitlements of victims, particular woman, of violent intentional crimes to compensation into domestic law.
The removal of the section from the former scheme dealing with claims made by victims of offenders living in the same household, she argued recognises the unfairness of the provision, she also claims.
Represented by David Conlan Smyth SC, Jack Nicholas BL instructed by solicitor Colin Clarke, the woman claims that the part the scheme denying her compensation "should not be applied to her".
Counsel said the action raised "a novel point of law" adding that irony of the claim was if what had happened to his client had occurred in a house down the road, close to her home, she would be eligible for compensation under the scheme.
In her action against the Criminal Injuries Compensation Tribunal, the Minister for Justice, Ireland and the Attorney General, the woman seeks various orders and declarations including an order quashing the determination that she is not entitled to be compensated under the scheme.
She also seeks various declarations from the court including that the scheme is not compatible with EU directives relating to compensating crime victims, is unconstitutional and contrary to the European Convention on Human Rights.
She further seeks declarations that paragraph of the scheme which was applied to her application breaches her rights to dignity, privacy, equality and non-discrimination guaranteed under EU law.
The matter should be remitted back to the tribunal for a fresh consideration, she also submits.
The judicial review action came before Ms Justice Niamh Hyland, who on an ex-parte basis granted the applicant permission to bring her challenge.
The matter will return before the courts in December.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
