A woman awarded compensation of €21,000 over childhood sexual abuse has bankrupted her assailant, in what is believed to be the first case of its kind in Ireland.
At the High Court, Ms Justice Caroline Costello made an order declaring the assailant, who is from Co Derry but is now living in Co Donegal, a bankrupt. He had failed to pay compensation awarded by the High Court in Northern Ireland, and legal costs of €43,000 incurred by his victim.
He will now have to relinquish control of all of his assets, including his home if he owns it, to the official assignee in bankruptcy, Chris Lehane.
His assets, whether here, in Northern Ireland or elsewhere, will be sold to pay off all of his debts, including the money owed to the woman.
She could end up receiving only a fraction of her compensation, depending on her assailant’s financial circumstances.
The man, who is not being named to protect his victim’s identity, was a friend of her family when he abused her as a child.
A judgment order was made against him in the High Court in Belfast in 2012, when he failed to pay the compensation. An order to allow enforcement of a foreign judgment was then applied for and granted by Master of the High Court in Dublin, Edmund Honohan, in 2014. Attempts to secure the compensation through the use of a sheriff failed.
Last October, the woman brought a bankruptcy summons, calling on her assailant to pay. When he did not, the court declared him bankrupt.
During the bankruptcy hearing, Ms Justice Costello was told by counsel for the woman the case had its origins in “dreadful circumstances”.
The judge said the difficulty was the debtor had not engaged, but she was satisfied he knew about the proceedings against him.
“I’m conscious this is a small amount, compared to other cases here, but in the circumstances and given there was no engagement, I am satisfied to adjudicate the debtor a bankrupt,” she said.
