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€2.5m for woman who suffered sexual abuse

High Court - Highest ever award for child abuse
High Court - Highest ever award for child abuse

A woman who suffered ‘grave’ sexual abuse by her brother for eight years from the age of four in the family home in Co Dublin has been awarded a record €2.5m damages against him by a jury at the High Court.

After one hour of deliberation today, the jury unanimously found the woman was sexually assaulted and awarded her €2m compensatory and €500,000 exemplary damages.

The award is the highest ever here for child sex abuse, with the second highest about €1m, Mr Justice Eamon de Valera said.

Aileen Donnelly SC, with Sean Gillane SC, earlier told the jury from the age of four to about 12 the woman was subjected to regular and repeated grave sexual assaults, including rape, by her brother, who was about six or seven years older.

Her brother was later convicted on eight counts of indecent assault.

He had filed a defence in the case but that was struck out and an application today to reinstate the defence was refused.

Urging the jury to award exemplary damages, Mr Gillane said the woman had suffered ‘the most appalling consequences’ with her world being turned ‘upside down’.

When aged 17, the woman made a statement to gardaí about the abuse but was ostracised by her family as a result and became homeless for a time, the court heard.

The abuse had the ‘most appalling’ and lifelong consequences for her.

The jury heard the woman was first admitted to a psychiatric institution at the age of 18 when she threw herself off Dún Laoghaire pier.

A non-swimmer, she was rescued and brought to a psychiatric hospital. She remains under psychiatric care and has had 11 hospital admissions since.

In evidence, the woman, now in her early 30s, said she has never had a relationship and while she does want a family and children, it was not likely because she did not trust any man and could not have sex.

She said the abuse began when she was aged four and happened two or three times weekly in the family home until she was 11.

She said the abuse made her feel angry, upset and dirty but she had no real understanding of what was happening and was too afraid to say anything.

Her brother was feared within the family.

It was only when she received some sex education at school that she began to understand what had happened to her.

A consultant psychiatrist who has treated the woman for eight years said she has a personality disorder as a result of the abuse, is emotionally unstable and suffers from severe depression with elements of Post Traumatic Stress Disorder.

Such extreme and prolonged abuse at an early age and in the family home where she had no one to turn to had led to her suffering severe trauma, he said.