Re An Application Under the Criminal Injuries Compensation ACT and K [1995] ACTSC 35 (13 April 1995)

SUPREME COURT OF THE ACT

IN THE MATTER OF AN APPLICATION UNDER THE CRIMINAL INJURIES COMPENSATION ACT
AND K
No. CIC218 OF 1994
Number of pages - 3
Criminal Injuries Compensation

COURT

IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
MASTER A HOGAN

CATCHWORDS

Criminal Injuries Compensation - Assessment - Sexul intercourse without consent - Kidnapping - Threatened with knife - Post Traumatic Stress Disorder.

HEARING

CANBERRA, 23 March 1995
13:4:1995

Counsel for the Applicant: Mr M.T. Helman

Instructing Solicitors: Higgins

Counsel for the Territory: Mr K. Holmes

Instructing Solicitors: ACT Government Solicitor

ORDER

THE COURT ORDERS THAT:
1. Publication is prohibited of any particulars likely to lead to

the identification of the applicant.

2. Compensation be awarded to the applicant of $35,687.00.

DECISION

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

2. At the hearing on 23 March 1995 I made an order preventing the publication of any details which may lead to the identification of the applicant.

3. On 26 March 1993 one BS pleaded guilty before a magistrate to two counts of sexual intercourse with the applicant without her consent, and one of possessing a prohibited weapon, and was committed for sentence to this Court.

4. On 9 August 1993 Mr Justice Gallop sentenced him to 12 years imprisonment on the first count, with a non-parole period of 8 years. He was not sentenced on the second count, and on the third he was sentenced to a concurrent term of 6 months imprisonment.

5. The details of the offence are set out as follows in the Statement of Facts tendered at the sentencing proceedings:

"In the evening of Saturday the 9th of January (K) went with friends
into Civic. She met with other people and visited a number of
nightspots in the Civic area. She became separated from her
friends. Unable to find anyone to get a lift home with she began to
hitch hike to her home in Theodore. Around 4.00 a.m. on 10 January
1993 she was picked up by the prisoner near Capital Hill. He was
driving a two door Datsun sedan. She got into the front passenger
seat. He began driving toward the southern suburbs. Somewhere on
the Tuggeranong Parkway he pulled off to the side of the road and
stopped the car. He leant toward the back seat and produced a knife
which he held next to K's neck. She started to cry.
He said:
"Give me your money."
She said:
"I've only got ten dollars but you can have it."
She had her black purse on her lap but he didn't take it. With the
knife still at her throat he said:
"Don't try anything. If you do what I tell you, you won't get hurt.
I don't want to hurt you."
He took some rope from the backseat of the car and tied her to the
seat in which she was sitting.
He ordered her to push the backseat down to a horizontal position.
She did so.
They drove off. He drove to a dirt track off the Monaro Highway.
There was some conversation on the way but no further threats were
made. As they were driving K tried to get her wrists free but
without success.
Once they had stopped he turned to K, put his hand through her
clothing and touched her breast. He cut the rope around her wrist
and told her to take her clothes off. She refused. He then reached
for the knife which was on the dash pointed it at her and said:
"I know how to use it. Don't make me use it."
She did so and lay on her stomach on the seat. He told her to roll
over. She did so. He lay on top of her and penetrated her with his
penis causing K pain as he did so. She began crying. He licked her
breasts and then tried to kiss her. She resisted his attempts to do
so. He said he would hurt her with the knife if she didn't let him
kiss her. He kissed her and forced his tongue into her mouth. As
he was thrusting into her vagina he also pushed his finger into her
anus causing her pain as he did so. She said:
"Please don't do that, it hurts. Please don't."
He pulled his finger out and asked her to give him a love bite. She
refused. He threatened to put his finger in her anus if she didn't.
She gave him a bite on the neck. He asked for two more. She
complied. During the course of the forced intercourse the prisoner
talked to K asking her such things as 'how many men has she slept
with' and whether 'she enjoyed losing her virginity.'
He eventually ejaculated inside her vagina. He then told her to get
dressed, which she did. They drove off towards Tuggeranong. A
short while later K demanded that he stop the car. He eventually
did after telling her that he had been in gaol before she got out of
the car. He drove off. He drove past K and stopped a distance in
front of her. Thinking he was coming back to harm her she ran
through grassland to a nearby house and called the police.
Throughout the episode K was terrified. She felt that the prisoner
may kill her and acted at his direction out of that fear."

6. The applicant, at the time of the assault, was a single woman aged 20. She was working at Woolworths as a casual checkout operator. She was unable to work for one week after the incident. Her hours varied each week. I award $250 for loss of earnings.

7. A victim impact report dated 3 June 1993 was prepared by Dr William Knox, psychiatrist, for the purpose of the sentencing proceedings. It sets out the detail of her reactions immediately after the assault. She had not sought any counselling assistance, but she was then continuing to suffer from a range of psychological repercussions.

8. For the first five months she virtually did not go out other than to work or to visit close friends. She became phobic about being touched or expressing or receiving any signs of affection. Whereas beforehand she had an uninhibited sex life, she became sexually inactive for a year, and then remained disinterested in it.

9. On 7 December 1994 Dr Saboisky, consultant psychiatrist, examined her at the request of her solicitors. By that time she had begun to feel somewhat better. In his opinion she had been acutely psychologically traumatised at the time, and had gone on to develop symptoms which were typical of post traumatic stress disorder. Despite her progress and an increased sense of safety after the offender was sent to gaol for a long time, she continued to be socially reserved and sexually inhibited because of the experience.

10. Dr Saboisky thought that with the passage of time her symptoms should largely resolve in a few years. That is an unusually optimistic prognosis, after such an assault. She was not only raped, she was kidnapped, tied down, terrified and threatened with a knife.

11. For her pain and suffering I award $35,000. The expenses of bringing the application were $437.

12. I award compensation to the applicant of $35,687.00.