Introduction
Our team has handled some of the most complex sexual abuse and personal injuries claims in the State. Many religious and state institutions have come under scrutiny for widespread sexual abuse within their ranks, and those same institutions have faced criticism for their failures to adequately investigate allegations, report abuse, and keep vulnerable men, women, children and members safe.
Child sexual abuse creates psychological trauma with effects that can last a lifetime. Victims of such transgressions often experience post-traumatic stress disorder, depression and anxiety long after the abuse took place.
Although it is impossible to undo the revolting acts, it is possible for victims to receive compensation for the psychological and psychiatric treatment needed in the process of recovery.
Can I bring a Sexual Abuse Claim?
Determining whether you have the right to take legal action over childhood sexual abuse will depend on the unique facts of your case. Our solicitors offer free and confidential case evaluations to help survivors evaluate their options.
We serve all survivors of sexual abuse and sexual assault, including:
- Child victims and their parents;
- Adult victims of abuse or assault; and
- Adult survivors who were sexually abused as minors.
Child sexual abuse is the use of force, pressure, or manipulation of a child by an adult or adolescent for the sake of sexual gratification. Child sexual abuse can take many forms. These include forcible rape, psychological pressure or coercion, indecent exposure, and proliferating child pornography.
Survivors are mentally scarred following this type of egregious abuse. This can include disturbing thoughts and memories, flashbacks, that are often intensified when people are exposed to happenings that remind them of the event. People suffering from PTSD can experience sleep disturbance, depression, anxiety, emotional numbness, anger and intense guilt.
Can I claim Compensation?
As an abuse survivor, you have the right to hold wrongdoers and institutions responsible and accountable for their misconduct, failures and wilful conceit. Stepping forward with a claim not only exposes unforgivable practices, but also fosters needed change to prevent others from being victimised.
Sexual abuse claims also provide survivors with the opportunity to recover financial compensation for the damages they incurred as a result of their abuse. This may include damages for:
- Pain and suffering
- Medical and mental health treatment
- Future medical / mental health expenses
- Emotional and psychological anguish
- Other economic and non-economic damages
Mother and Baby Homes Redress
The Commission of Investigation into Mother and Baby Homes published its long-anticipated report in January 2021. It investigated decades of harm caused to tens of thousands women and children at 14 mother and baby homes and four county homes across Ireland between 1922 and 1998.
The Commission’s Terms of Reference covered the period 1922 – 1998, a span of 76 years. There were about 56,000 unmarried mothers and about 57,000 children in the mother and baby homes and county homes investigated by the Commission. The greatest number of admissions was in the 1960s and early 1970s. It is likely that there were a further 25,000 unmarried mothers and a larger number of children in the county homes which were not investigated; admissions to county homes were largely pre-1960. The women who were admitted to mother and baby homes ranged in age from 12 years old to women in their forties. However, 80% were aged between 18 and 29 years.
The report concluded that 9,000 children died in mother and baby homes, around 15 per cent of all those who entered the institutions, the report found. In the years 1945-46, the death rate among infants in mother and baby homes was almost twice that of the national average for “illegitimate” children. The commission said the high rate of infant mortality was a “disquieting” feature.
The report noted that Adopted people should have a right to their birth certificates and associated birth information. A person’s right to his or her identity is an important human right and should only be denied in very exceptional circumstances.
Redress
The Commission considered that services such as counselling and enhanced medical cards should be made available to those former residents who need them and survivors should have access to a redress scheme comparable to Residential Institutions Redress Scheme (RIRS) (for the children) and the Magdalen laundries scheme (for the mothers). However, any such scheme is within the remit of the Government. The report noted that women who worked outside the institutions without pay, women in the Tuam home in Co Galway who had to care for other mothers’ children and those who looked after other residents in county homes should be compensated.
The Government has stated that a new inter-departmental group will set up a redress scheme for survivors of mother-and-baby homes. This development follows the publication of the Commission of Investigation report. A Restorative Recognition Programme will be set up, which will be led by the Department of Children. The group will decide on the design of a redress programme. The Taoiseach said that religious orders involved in mother-and-baby homes should make a contribution to the scheme.
The amount of redress has yet to be decided by the Government. The Commission in its report, recommended that the groups should be eligible for a redress scheme similar to that of the Magdalene Scheme. The Magdalene Scheme provided for a general payment and a work payment both of which were related to the length of time a person spent in an institution.
So for example if you were there:
- 3 months it was €10,000 with a work payment of €1,500;
- 1 year was €14,500 with a work payment of €6,000;
- 18 months €17,500 with a work payment of €9,000; and
- 2 years was €20,500 with a work payment of €12,000.
The report was narrow in regard to categories of persons who could avail of a redress scheme, when same is enacted. The narrow scope of the investigation has been criticised by the UN previously. It is with great interest we await to see the approach adopted by the Government regarding the scope of the redress scheme. If the Government strictly adopts the scope of the commission’s report, then person’s will only have recourse through the courts to seek the vindication and/or compensation in relation to the trauma and pain that they experienced in these institutions.
The list of institutions investigated by the Mother and Baby Homes Commission were:
- Ard Mhuire, Dunboyne, Co Meath;
- Belmont (Flatlets), Belmont Ave, Dublin 4;
- Bessboro House, Blackrock, Cork;
- Bethany Home, originally Blackhall Place, Dublin 7 and from 1934 Orwell Road, Rathgar, Dublin 6;
- Bon Secours Mother and Baby Home, Tuam, Co. Galway;
- Denny House, Eglinton Rd, Dublin 4, originally Magdalen Home, 8 Lower Leeson St, Dublin 2;
- Kilrush, Cooraclare Rd, Co. Clare;
- Manor House, Castlepollard, Co Westmeath;
- Ms. Carr’s (Flatlets), 16 Northbrook Rd, Dublin 6;
- Regina Coeli Hostel, North Brunswick Street, Dublin 7, and
- Sean Ross Abbey, Roscrea, Co Tipperary;
- St. Gerard’s, originally 39, Mountjoy Square, Dublin 1.
- St. Patrick’s, Navan Road, Dublin 7 (originally known as Pelletstown; and subsequent transfer to Eglinton House, Eglinton Rd, Dublin 4)
- The Castle, Newtowncunningham, Co. Donegal.
COUNTY HOMES
- St Kevin’s Institution (Dublin Union)
- Stranorlar County Home, Co Donegal (St Joseph’s)
- Cork City County Home (St Finbarr’s)
- Thomastown County Home, Co Kilkenny (St Columba’s)
We have the experience and expertise required to sensitively, discreetly, and effectively handle your case. Fiona Baxter has successfully represented multiple clients in abuse claims against the church, state agencies and sporting organisations. Fiona is fearless in her pursuit of justice for survivors and has secured significant compensation awards for survivors of abuse.
We offer victims an initial consultation in order to get a basic grasp of what has happened to you. This first meeting gives you an opportunity to get to know us and tell us your case. Whatever you tell us will remain completely confidential and will not be revealed to anyone without your authority. We ensure your dignity is preserved at all times.
If You are Wronged, We Will Make It Right. Call For a Free Consultation Today.
