Megan Simpson Bhnf Judith Simpson [1991] ACTSC 80 (4 October 1991)

SUPREME COURT OF THE ACT

MEGAN SIMPSON bhnf JUDITH SIMPSON
S.C. No. CIC75 of 1989
Application

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Master A. Hogan(1)

CATCHWORDS

Application - Criminal Injuries - 10 year old girl - Abduction - Sexual Intercourse - Acts of indecency - Post Traumatic Shock Syndrome - Genital Herpes - Scarring - Psychological Consequences

HEARING

CANBERRA
4:10:1991

ORDER

Compensation be awarded for the criminal injury in the sum of $20,000.

$581.20 be awarded for the costs of bringing the application.

DECISION

This is an application for compensation under the Criminal Injuries Compensation Act 1983.

2. On 5 December 1990 an indictment was presented in this Court charging, amongst other offences, that on 2 July 1988 one Shane Andrew Gruber abducted the applicant with the intent that she should engage in sexual intercourse with him, that he engaged in sexual intercourse with the applicant, she then being of the age of ten years, and that he committed three acts of indecency upon her. I therefore have jurisdiction under s.11(1) of the Act and O.61A r1.01(k) of the Rules.

3. At the hearing I made an order under s.17(2) of the Act prohibiting the publication of any particulars likely to lead to the identification of the applicant, being satisfied that the making of that order is necessary in the interests of the administration of justice.

4. On a Saturday in July 1988 the applicant, together with a nine year old friend, was walking from her home to the shops at Waramanga. The offender grabbed the two children from behind. They struggled to break free. He had his jumper over his head to hide his face. He threatened them that if they struggled he would stab them. She thought he did have a knife. He forced them to a position where they were hidden by a fence, and put a jumper over their heads. He then removed the applicant's panties and committed upon her, a number of acts of indecency, including vaginal intercourse, though without complete penetration. Having threatened them with stabbing again he made them close their eyes and escaped. They went to the shops and immediately reported the incident.

5. The incident was terrifying in itself. It would in any circumstances have had a traumatic effect upon any girl of that age. However, a week after the attack she was examined by her family doctor, who diagnosed that she had been infected with genital herpes. She had no previous history of such an infection. It recurred in October. I am satisfied on the medical evidence that it resulted from the criminal assault. It has since recurred, and has left scarring at the backs of her legs.

6. It is also clear that she suffered acute post traumatic shock syndrome. It is not necessary to set out the particulars in detail. Although as a result of skilful counselling and the love and care of her parents many of her symptoms had abated by the time she saw Dr Veness in November 1990, it is probable that she will suffer the psychological consequences to some extent for the rest of her life. She will need counselling to deal with life issues such as puberty, sexual relationships and growth, and childbirth.

7. A full compensation would obviously exceed the limit set by s.7 of the Act applying at the time the application was made. I award compensation for the criminal injury in the sum of $20,000.

8. I award $581.20 for the costs of bringing the application.