Cronin v Cooper [1993] NTSC 6; 111 FLR 467

told my mother who informed some members of her Church. It was decided then that we would move away from the defendant but at about the same time my mother became sick with cancer and died 6 months later. 17. Eventually the defendant stopped sexually assaulting me because when my mother died my older sister took me away to live with her. 18. The sexual abuse that the defendant subjected me has caused me and continues to cause me great trauma including difficulty in entering into permanent relationships with male friends. I have never been able to reconcile the fact that while my mother, who I loved dearly was lying in her bed, dying of cancer, the defendant was subjecting me to an extra kind of hell in the same house, and wherever else he could corner me. 19. I have been very upset at times and hurt by what has happened and on one occasion tried to commit suicide by taking some pills resulting in hospitalisation in the Royal Darwin Hospital for one week. 20. I also feel very bitter because the incidences of sexual abuse disrupted my schooling and education. I still feel degraded and dirty and have a compulsion with cleanliness. My boyfriend often comments on the number of showers I have each day. 21. I believe that if the defendant had not sexually abused me I could have continued school and obtained further and better education improving my employment prospects. 22. At the present time I am studying for my matric in order that I may become better educated and do something worthwhile with my life. 23. The sexual abuse the defendant subjected me to has made me fearful of the dark and of being home alone and when alone I always lock all the doors and windows. Everyday of my life something reminds me of this abuse. 24. I also suffer from nightmares relating to the sexual abuse I was subjected to and nightmares where the defendant wants revenge for my laying charges against him. 25. I find it very difficult to socialise and relate to people. I have little self confidence and a low self esteem. When I was a child I remember being very outgoing and friendly but now I feel intimidated by people and extremely shy. I am distrustful of others, especially men and male family members. As such my relationships suffer as I do not like meeting new people. 26. I constantly worry about my 18 month old daughter and her safety. I fear not being able to protect her from sexual abuse and I find myself unable to leave her alone with my brother or any man other than my boyfriend (her father). I think this relationship is failing because he has to force me to socialise even with his own family. 27. At the present time I sometimes feel suicidal but I don't think it would eventuate because I have a responsibility to my daughter, and to my boyfriend who fortunately is very loyal and understanding. 28. For approximately four months after I reported the incidents of sexual abuse to the Police, I underwent counselling at the Royal Darwin Hospital with Kathy Munro. Annexed hereto and marked with the letter "B" is a copy of a medical report of Kathy Munro dated 9 October 1986. This medical report also details the many incidents of sexual assaults committed against me by C prior to 1979 and for which he has not yet been convicted. I also received counselling from Ruby Geyer (Rape Crisis Centre). 29. The counselling enabled me to talk more freely about being a victim of sexual abuse and gave me a bit more confidence but I know that I will never overcome the trauma, fear, anger, guilt and shame of what happened to me. 30. At the request of my solicitors on 29 May 1991 I attended at the clinic of Dr Jan Isherwood-Hicks in order that a psychological report could be obtained. Annexed hereto and marked "C" is a copy of that report. 31. I am currently not receiving any counselling because I believe that it is no longer beneficial to me, but I would like to do a few courses which would give me confidence." 9. I have read and also accept the contents of the report dated 9 October 1986 prepared by Kathy Munro the sexual assault counsellor at Royal Darwin Hospital and the report of clinical psychologist Dr Jan Isherwood-Hicks dated 8 June 1991. 10. I quote the final paragraph from the aforementioned report of Dr Jan Isherwood-Hicks: "Although Ms C is highly motivated to get on with her life and put the past behind her, she will continue to be troubled at times by remaining deep-seated, unresolved psychological issues that are the direct consequence of the

sexual abuse she was subjected to as a child. Ms C has received intensive counselling with Ms Munro and other professionals and reports that as a result of this help the past no longer is so constantly intrusive; she now mostly is able to lead a fulfilling life with her baby and partner. However, it is my opinion that, despite her progress, the long-term residual effects of the emotional damage resulting from the childhood sexual abuse are permanent and therefore always will negatively affect the quality of Ms C's life." 11. The plaintiff is entitled to a maximum of $4,000 upon conviction for each offence making a maximum $40,000. In making this finding I have considered the matters outlined in section 4 of the Criminal Injuries (Compensation) Act. 12. I consider that it is appropriate I apply a global approach and that it would not be a reasonable or sensible exercise to attempt to differentiate between the individual offences. The plaintiff in these proceedings endured sexual assault and abuse over many years. From the age of ten years she was the victim of sexual assault at frequent intervals perpetrated by a person who was in a position of trust. As a consequence of these assaults the plaintiff suffered physical injuries and severe psychological damage. Her education and self development have been severely affected and she has sustained permanent emotional damage. 13. The total effect of her physical and psychological injuries would entitle her to an award of damages in excess of forty thousand dollars. 14. For these reasons I propose to allocate the amount of damages to the maximum amount of $4,000 in respect of the conviction for each offence making a total amount of $40,000. In accordance with section 3 of the Criminal Injuries (Compensation) Act, I order that the sum of $40,000 be paid to the plaintiff by the defendant by way of compensation for injuries sustained by reason of the ten offences. I further order that the defendant pay the plaintiff's taxed costs.

At a glance

Court

Decision date

Before

Source

Judgment (6 paragraphs)

Cronin v Cooper [1993] NTSC 6; 111 FLR 467 (22 January 1993)

Parties

Legislation Cited (2)