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Rachael Gourley successfully assists victim of domestic abuse and coercive and controlling behaviour in her claim for compensation

21st December 2023

The Applicant was subject to a violent assault and strangulation by her former partner in which she feared he would kill her.

The Applicant was initially denied any award of compensation by the Criminal Injuries Compensation Authority on the grounds that she had “failed to cooperate in bringing the offender to justice.”

At a hearing in 2020, this was challenged on the basis that exclusion of victims of domestic violence discriminates against women and is incompatible with the legislative intention and purpose of the scheme.

In 2021, CICA agreed that the Applicant was eligible for an award of compensation. This level of award was then again challenged.

At a final hearing in November 2023, the Applicant challenged the final award. The Court found the Applicant had suffered permanent psychiatric injury and she was awarded a significantly higher level of award.

Read more about her practice here.

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