C(a child) v Kaye
[2004] QDC 420
•15/10/04
DISTRICT COURT OF QUEENSLAND
CITATION:
C(a child) v Kaye [2004] QDC 420
PARTIES:
C
Applicant
v
DEAN JAMES KAYE
RespondentFILE NO/S:
D33 of 2004
DIVISION:
Civil
PROCEEDING:
Application for criminal compensation
ORIGINATING COURT:
Ipswich District Court
DELIVERED ON:
15/10/04
DELIVERED AT:
Ipswich
HEARING DATE:
15 September 2004
JUDGE:
Richards DCJ
ORDER:
The respondent pay the applicant the sum of $11,250.00 compensation for injuries received.
CATCHWORDS:
Criminal compensation- nervous shock – sexual assault
COUNSEL:
A West for the applicant
SOLICITORS:
Bushnells Lawyers for the applicant
No appearance for the respondent
The respondent was convicted on 19 June 2002 of one count of maintaining a sexual relationship with a child under 12 and four counts of indecent dealing with a child under 12. The offending occurred between 1 May 1998 and 27 October 2001 when she was between 8 and 11 years of age and involved pulling the applicant’s pants down and touching her in the vaginal area, licking her in the vaginal area and inserting his fingers into her anus as well as touching and attempting to touch her. She struggled to get away from him but he was persistent. She spent a large deal of her time hiding in cupboards and the dog kennel.
As a result of the offences she continues to experience nightmares once every couple of weeks, upsetting thoughts and images about the incidents. She relives the events. She has difficulty falling asleep. She becomes irritable and doesn’t like going out at night. She doesn’t stay at friends houses. She is happiest and most comfortable when at home. She has poor self esteem and is lacking in self confidence. She is reluctant to trust others, particularly boys.
She was interviewed by Dr McCullough, a psychologist who indicated that she is suffering from nightmares, withdrawal from social interaction, poor self esteem and lack of confidence and bowel problems. She says that the applicant has experienced a variety of subtle changes in her behaviour, demeanour and attitude towards life. Although outwardly she seems to be coping well there are a number of independent attitudes which indicate that she is at risk in her development. She needs therapy of about 15 sessions over 12 months. Her current symptoms are moderate but chronic. Although she doesn’t diagnose a particular type of mental illness it is clear from the psychologist’s opinion is that she has been mentally affected by these symptoms.
The hospital records indicate that she has a pattern of attendance at the hospital for constipation from 19 July 1999 to 29 August 2001. The psychologist indicates that this is brought about by the trauma of the incidents, namely that it is a psychological impact to the behaviour converted to physiological symptoms known as conversion disorder. However there has been no report supplied to eliminate a physical cause for the problem. The only report comes from Dr McCullough who is not medically qualified. She has been hospitalised on a number of occasions, however, there have not been investigations by specialists.
In my view there is not a sufficient causal connection established between the bowel problems and the abuse to say with any degree of certainty that the constipation is a result of sexual abuse, although it may well be.
The applicant is entitled to compensation under the Act. She did not in any way contribute to her injuries and she suffers a moderate mental shock (item 32) which entitles her to compensation in the order of 15% of the scheme maximum manely $11,250.
ORDER
I order that the respondent pay the applicant the sum of $11,250.00 compensation for injuries received.
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