J v RJ
[2008] QDC 98
•26 February 2008
DISTRICT COURT OF QUEENSLAND
CITATION:
J v RJ [2008] QDC 98
PARTIES:
G.J.
(Applicant)
v
R. J. J.
(Respondent)FILE NO/S:
237 of 2007
DIVISION:
PROCEEDING:
Application for Criminal Compensation
ORIGINATING COURT:
District Court, Cairns
DELIVERED ON:
26 February 2008
DELIVERED AT:
Cairns
HEARING DATE:
30 November 2007
JUDGE:
Bradley DCJ
ORDER:
That the respondent pay to the applicant the sum of $39,000 by way of criminal compensation
CATCHWORDS:
COUNSEL:
Mr R Silva for the applicant
SOLICITORS:
Wettenhall Silva Solicitors for the applicant
No appearance for the respondent
On 26 August 2004 the respondent (who is the applicant’s father) was convicted of one count of wilfully and unlawfully exposing the applicant, a child under 16 years and who was to his knowledge his lineal descendant, to an indecent act by him and four counts of unlawfully and indecently dealing with the applicant, a child under 16 years who was to his knowledge his lineal descendant. The respondent pleaded guilty to the offences along with other concerning the applicant’s sister before His Honour Judge White in the District Court sitting at Cairns.
The applicant now seeks an order for compensation for the injuries suffered by her because of the offences pursuant to s 24 of the Criminal Offence Victims Act 1995 (“the Act”).
The respondent is currently serving a term of imprisonment and is incarcerated in the Capricornia Correctional Centre. Although the respondent has not been served strictly in accordance with the Uniform Civil Procedure Rules I have before me a faxed acknowledgement of receipt of the application and the supporting material signed by the respondent and I am satisfied the material came to his notice in adequate time before the hearing date. There was no appearance by or on behalf of the respondent at the hearing of this application.
The offences were committed between 1 September 2003 and 30 November 2003 when the applicant was between 14 and 15 years of age.
The respondent had the sole care of the applicant and her sister who was also offended against who was aged 12 to 13 years of age at the time of the offending. The applicant and her sister also had a stepbrother who was in the care of the respondent. The applicant’s mother suffers from a mental illness and had not been involved in their care of the applicant or her siblings.
I was not the sentencing judge and I have not been provided with a copy of the schedule of facts tendered by the prosecution during the sentence hearing. However, it appears from the transcript that the offending against the applicant generally included the respondent exposing himself to the applicant whilst he was masturbating, forcing her to masturbate him, touching her breasts and naked body and waxing her vagina and anus.
In an affidavit sworn on 11 October 2007 and filed in support of her application the applicant states:-
“a. I can no longer have relationships with men. I have hatred towards men and I am very aggressive with them.
b. I stay away from all men, even doctors. I don’t want men to touch me.
c. When I am with a man something about them reminds me of my father. My relationship with my child’s father broke down because some things about him reminded me of my father.
d. My relationships with men have been affected so severely that I am now a lesbian. I feel this is due to what my father did to me.
e. I am constantly feeling depressed and down about myself. I feel like my childhood has been stolen from me.
f. I am constantly worrying about my sister. I feel that I wasn’t there for her when I should have been.”
In a written statement the applicant gave to the police she described the respondent on two occasions making her lie on the bed without her underwear, spreading her legs open and using heated wax to wax off all of her pubic hair. The applicant said that “it really hurt when he was doing this to me”.
On 3 April 2007 the applicant was interviewed and assessed by Dr Chris Richardson, a psychologist and in her report dated 17 May 2007 Dr Richardson concludes that the applicant “is reporting moderate to severe symptomatology associated with Post Traumatic Stress Disorder (PTSD) and moderate to severe Depression”.
Dr Richardson details the extensive initial and ongoing problems suffered by the applicant since experiencing the offending including incidents of self harm and difficulties emotionally, psychologically, socially and sexually.
In addition to PTSD and Depression Dr Richardson is of the opinion that the applicant has suffered a sense of violation, difficulties with her self image, and significant levels of distress associated with insecurity and fear. She is hypervigilant and can no longer trust people, particularly males. The applicant also reports significant difficulties in her sexual relationships and significant distress as a result of the offending.
Dr Richardson concludes:-
“It is apparent from her report that Ms J has experienced significant behavioural and psychological problems since the incidents in 2003. She reports distress about her father’s behaviour in 2003 and now finds it difficult to trust men. Additionally, she is distressed that she “was made to grow up so quickly” and effectively “lost [her] childhood” because of her father’s behaviour. It is imperative that Ms J be supported in her recovery from the abuse she suffered at the hands of her father. Given the symptomatology associated with PTSD and Depression she suffers, it is expected that she would benefit from 36 sessions of psychological therapy with a suitably qualified therapist. The Australian Psychological Society rate is currently $186 per hour.”
Clearly there was no behaviour whatsoever on the part of the applicant which contributed to her injuries.
In addition to compensation pursuant to the Compensation Table which is Schedule 1 to the Act for physical injuries as a result of the waxing and mental or nervous shock the applicant is also entitled to compensation for the “adverse impacts” of the sexual offending committed against her by her father. I assess compensation as follows:-
Bruising etc (minor) 2% $ 1,500.00
Mental or nervous shock (moderate) 20% $15,000.00
Adverse impacts 30% $22,500.00
$39,000.00
I order that the respondent pay to the applicant the sum of $39,000 by way of criminal compensation.
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