Livingstone v Yeatman

[2001] QDC 216

DISTRICT COURT OF QUEENSLAND

CITATION:	Livingstone v Yeatman [2001] QDC 216
PARTIES:	IRIS LIVINGSTONE as litigation guardian for LILLIAN TERESA LIVINGTON (Applicant) TRENT THOMAS YEATMAN (Respondent)
FILE NO/S:	91 of 2000
DIVISION:	Trial
PROCEEDING:	Application for Criminal Compensation
ORIGINATING	Cairns
COURT:
DELIVERED ON:	18/5/01
DELIVERED AT:	Cairns
HEARING DATE:	24/11/2000
JUDGE:	White DCJ
ORDER:	That the respondent, Trent Thomas Yeatman, pay the applicant the sum of $38,000 by way of compensation. That any amount paid to the applicant pursuant to this order be paid to the Public Trustee whose receipt for such sum shall be sufficient discharge. That the Public Trustee pay to the solicitor for the litigation guardian, Iris Livingstone, the assessed or authorised costs out of any monies received from the respondent or any other person pursuant to this assessment and order. That the Public Trustee of Queensland be appointed of and take possession of and control and manage the said sum on behalf of Lillian Teresa Livingstone with powers and duties defined in the Public Trustee Act 1978 during the minority of Lillian Teresa Livingstone.
CATCHWORDS:
COUNSEL:
SOLICITORS:	T. Price (Legal Aid Office)

The respondent, Trent Thomas Yeatman, was convicted in the District Court at
Cairns on 4 April, 2000 of the following offences:-

2.            That on 30th day of October, 1998 at Yarrabah in the State of Queensland he raped Lillian Teresa Livingstone.

(b)

This is an application by the said Lillian Teresa Livingstone for compensation pursuant to s.24 of the Criminal Offence Victims Act 1995. I note that although the originating application refers to the count of common assault, there is no evidence indicating the circumstances in which the offence was committed or any injuries resulting therefrom. However, since the offence charged was common assault only I assume that any injuries were absent or negligible.

1. The applicant was born on 19 June 1984. She was therefore aged 14 years at the time of the commission of the offence. She was a resident of the Aboriginal Community at Yarrabah. The respondent also resided at Yarrabah and the applicant was slightly acquainted with him. On the night of 29/30 October, 1998 the applicant was with a group of friends at a party at a residence at Yarrabah. The respondent called the applicant over to him and threatened to stab her. He grabbed her by the shirt and pushed her in front of him into an outdoor toilet at a nearby house. He pushed her into a sitting position on the toilet and then attempted to push his penis into the applicant’s mouth. She attempted to push him away and during the course of the struggle was forced to her knees in front of the toilet seat. The respondent pulled the applicant to her feet by her hair and then pulled her pants down whilst she attempted to keep them in place. He then forced her to lie on the ground and had sexual intercourse with her. Whilst the respondent was putting his jeans on again the applicant quickly replaced her lower clothing and ran away from the applicant.

2. On 30 October, 1998 the applicant was examined by Dr. Kaye Haig. Dr. Haig observed blood stains on the applicant’s underpants. She also observed abrasions, lacerations and tenderness in the vaginal area.

3. As to the emotional consequences of the offences, there are in evidence reports from a clinical psychologist, Donna Goodman, and a counsellor with the Cairns Rape Crisis and Incest Service, Jane Hobby. I accept that the matters referred to in those reports accurately reflect the emotional affect of the offences upon the applicant. I am not satisfied that any of those consequences constitute “mental or nervous shock” within the meaning of Item 33 of Schedule 1 to the Act. I am, however, satisfied that they entitle the applicant to substantial compensation pursuant to Regulation 1A of the Act which specifically provides for the adverse impacts of a sexual offence. I accept the submissions of the solicitor for the applicant concerning these matters as follows:-

(a)

A sense of violation – else and that she feels dirty and ashamed. The applicant was a virgin at the time of the offence and I accept that this has exacerbated the impact of the offence.

Reduced self-worth or perception – which is evidenced by dressing in oversized masculine clothing. It is also reported that the applicant now blames herself for the offence.

(c)

Adverse Effect on the ability to interact with others – who enjoyed spending time with other people. This has changed since the offence. Donna Goodman noted that the applicant feels alienated from her friends and only has one close friend. Ms. Goodman also indicated the applicant feels this alienation extends to her peers and the community.

(d)	The applicant contracted Hepatitis B when raped by the respondent
(e)

Increased fear or feelings of insecurity – sleep patterns, nightmares and flashbacks of the offence. Donna goodman also noted that the applicant stated to her that she would get shaky sometimes and feel nervous. It is also reported by Goodman that the applicant has an exaggerated startle reflex and frightens easily.

(f)

Adverse impact on lawful sexual relations – applicant’s lawful sexual relations in the future. Donna Goodman reports that although the applicant expresses a wish to have children in the future she also demonstrates a sense of confusion about sexual relationships. This is confirmed in Jane Hobby’s report.

(g)

Adverse impact on feelings – applicant’s feelings. At the age of 14 years she felt a sense of loss and grief and that everything had changed. Jane Hobby noted that the applicant reports feeling very unhappy and is confused about why the offence occurred.

Other relevant matters to be taken into account are the following consequences to the applicant –

(i)         Intermittent nightmares;

(ii)        Anxiety and depression;

(iii)       Damaged sense of self;

(iv)       Embarrassment and emotional harm;

(v)        Behavioural disturbances.

[5] I am satisfied that there was nothing in the applicant’s behaviour at the time of the
offence which contributed to her injuries.

1. In respect of the injuries to the genital area I would allow $2,000.00. I would allow $36,000.00 for the adverse impact of the sexual offence. The total amount therefore is $38,000.00. The applicant has not yet reached the age of majority and it will therefore be necessary to make appropriate orders requiring the Public Trustee to manage any compensation received as a result of this application.