B v. O

[2008] QDC 249

DISTRICT COURT OF QUEENSLAND

CITATION:

B v O [2008] QDC 249

PARTIES:

B

(Applicant)

v

O

(Respondent)

FILE NO/S:

D1501 of 2008

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane

DELIVERED ON:

15 October 2008

DELIVERED AT:

Brisbane

HEARING DATE:

11 September 2008

JUDGE:

Rackemann DCJ

ORDER:

The respondent pay the applicant compensation in the sum of $35,625

CATCHWORDS:

Compensation – Criminal Offence Victims Act – indecent treatment and carnal knowledge of a child under 16 years – pregnancy – mental or nervous shock – adverse impacts – whether behaviour of applicant directly or indirectly contributed to the injury

COUNSEL:

Ms F Muirhead for the applicant

No appearance for the respondent

SOLICITORS:

Legal Aid for the applicant

Introduction

1. On 15 March 2005 the respondent was convicted, on his own plea of guilty, of the following offences:

·Two counts of indecent treatment of a child under 16 – on a date unknown between 1 March 2003 and 31 March 2003; and

·One count of carnal knowledge of a child under 16 – on a date unknown between 1 March 2003 and 31 March 2003; and

·A further count of carnal knowledge of a child under 16 – on a date unknown between 1 June 2003 and 30 June 2003.

The applicant was the child/victim in relation to each of those offences and now seeks compensation pursuant to the Criminal Offence Victims Act 1995.

1. At the time of the offences the applicant was a 13-year-old virgin residing with her mother, stepfather and two younger brothers.  The respondent, who was 31 years of age, was a friend of the stepfather and had come to work and stay on the family’s property.  The applicant had known him for approximately four years.  The offences involved a series of incidents, of increasing seriousness from the respondent touching the applicant’s upper leg to touching the applicant’s breast through her shirt and ultimately having intercourse with her on two occasions.  As a result of the intercourse, the applicant fell pregnant.  The pregnancy was subsequently terminated.  The applicant now seeks compensation for:

●           Pregnancy

●           Mental or nervous shock

●           Adverse impacts

Consent

1. The relevant offences were of a kind which do not require proof of absence of consent.  The applicant’s statement to the police, which is exhibited to her affidavit, records that, at one point, she felt “a little attracted” towards the respondent, that she “enjoyed having sex with him” and “at no point in time did (the respondent) force me to have sex with him.  It was something that I decided to do of my own free will”.

1. Conversely, in her affidavit, she now deposes that “I felt sickened by what was happening and afraid but also very confused as the respondent was the first person to have shown affection to me. I did not feel valued by anyone.  I saw myself as a piece of meat and still do” and “…I had little knowledge or understanding of sex when I was 13.  I wanted to be loved…