Guide 2A - Sexual Assault and Domestic Violence

The pre-requisite for an award of statutory compensation is the need to establish an act of violence. Section 5 which defines act of violence provides that the act must have resulted in injury or death to one or more persons [section 5(1)(c)].

In all claims, including those for sexual assault and domestic violence an injury as defined in the Dictionary to the Act must be established as part of the act of violence.

Compensable Injury of 'Sexual Assault' or 'Domestic Violence'

In the case of sexual assault and domestic violence, the compensable injury of 'sexual assault' or 'domestic violence' may be claimed once an act of violence including an injury as defined in the Dictionary, is established. That injury may be established by any appropriate report.

Compensable Injury of Psychological or Psychiatric Disorder

In the case of sexual assault and domestic violence the compensable injury of 'Category 2 Psychological or Psychiatric Disorder' may be claimed. It is only if the compensable injury of 'Category 2 Psychological or Psychiatric Disorder' is claimed that the medico-legal report must be written by an Authorised Report Writer.

NB Under the legislation the applicant can only elect to claim one of the above compensable injuries.

Reports

Select this link for further information on the reports required by Victims Services relating to non-physical injuries.

Cec Brahe, Chairperson, Victims Compensation Tribunal,

3 April, 2001