Court awards €170,000 in damages for sexual abuse

Personal injuries – alleged sexual abuse - depression, up to and including suicidal ideation, ongoing anxiety and the aggravation of a debilitating bowel condition as a result of the abuse – convicted in criminal proceedings – procedural history - defence solicitors came off record on the hearing date - asked for time within which to instruct other lawyers – application for legal aid - Court ruled on this date that the hearing was to commence on the assigned date - scope of the claim – Constitutional Breaches and Nominate Torts – Plaintiff’s evidence - Cross-examination, McKenzie Friends and Rigid Rules – did not challenge plaintiff’s claim – right to a lawyer - role of the McKenzie friend - Evidence of Previous Relevant Convictions – statute of limitations - Evidence as to Capacity - Plaintiff’s capacity to initiate proceedings was substantially impaired until after the criminal process concluded – delay - absence of actual prejudice – Court found that the abuse probably occurred - Effects of the Abuse: Physical and Psychological Injuries - Proportionate Awards and Aggravated Damages - an award of €145,000 is a fair and proportionate one for general damages to date - €25,000 for damages into the future - total award of €170,000 - had to succeed due to her credible and uncontradicted evidence, the presumption against the Defendant, and the medical evidence establishing that the Plaintiff’s capacity to bring the action was substantially impaired –