Woman gets €375,000 in abuse case
A 38-year-old Dublin woman who sued her father for damages for sexual assault when she was aged between two and 12 has been awarded €375,000 in the High Court.
Ailish Smith, of Templeview Lawn, Clarehall, Dublin, consented during the trial to the waiving of her anonymity so her father could be named.
Her father, Gerard Smith, of Magenta Hall, Santry, Dublin, was convicted and sentenced in 2006 to six years imprisonment with two years suspended.
He had pleaded guilty to five sample charges relating to the most serious incidents of abuse of his daughter in the 1980s when his wife was out of the house.
Mr Justice Éamon de Valera told Ms Smith’s barrister Sean O'Siothchain he would have awarded her €450,000 damages, similar to an award he made in an previous sexual assault case.
However, he said the Supreme Court had capped that award at €375,000 and, in line with that ruling, he was awarding Ms Smith that figure together with costs.
Ms Smith had told the court the abuse, which had stopped at the age of 12, had a devastating effect.
The judge today dismissed an application that Ms Smith’s claim was out-of-time and ruled she was entitled to maintain it.