CICA Award Won 26 Years After Crime Committed

Criminal Injuries Compensation Board

26/08/2008

Aileen Downey from Gough Square Chambers secured an award of £571,037 from the Criminal Injuries Compensation Board for a rape victim suffering severe PTSD, some 26 years after the crime.

The Claimant was threatened and raped in an alleyway near her home, having been followed by a stranger from the tube station in 1980. She sustained lacerations to her hand (defence wounds), pelvic inflammatory infection and post traumatic stress (PTSD) as a result of the rape. She was awarded £5,000 by the CICB in 1981.

However the psychological symptoms became severe and in 2004 the Claimant applied to the CICA to re-open her case on medical grounds on the basis of a "serious deterioration in her condition" allowed for under paragraph 26 of the 1979 scheme. This was despite the fact that it was many years since the original adjudication and a significant amount of additional evidence was required.

For 27 years the Claimant has suffered significant post traumatic stress disorder. Symptoms included anxiety, flashbacks, panic attacks, depression, avoidant type symptoms, loss of confidence and a general state of fearfulness. Her long term relationship broke down soon after the rape and she was unable to sustain another relationship, and therefore did not have children. She was unable to travel by public transport and was fearful of strangers and of any social situation. She withdrew from friends and family and became increasingly isolated. The Claimant managed to work as a teacher until 1997, although with considerable difficulty and with long periods of time off work due to psychological ill health. She retrained and sought data processing work to enable her to work at home in order to avoid social contact, but eventually became unable to work. She was deemed unfit to work due to her Psychological symptoms.

The Claimant was diagnosed as suffering from severe PTSD which has become chronic despite intensive treatment. Now the PTSD was chronic it could be classified as an "enduring personality change after a catastrophic experience."

The Claimant was awarded £65,000 in general damages, including loss of congenial employment. Special damages amounted to £506,037 comprising of £230,951 for past loss of earnings, £20,000 for past medical and other expenses, £93,786 for future loss of earnings, £146,300 for pension loss and £15,000 for future medical and other expenses.