A Wollongong woman who was attacked by a food delivery driver in her home has had her victim support payment boosted on appeal, with a tribunal finding she was the victim of an attempted sexual assault that caused "debilitating" harm.
Subscribe now for unlimited access.
or signup to continue reading
In 2023 the woman was awarded $1500 by Victims Services in the form of a recognition payment, which acknowledged she was the victim of a violent crime.
This crime occurred in mid-2023, when a delivery service driver made a delivery to her home, then returned claiming he'd forgotten something and wanted some water.
When the woman went to get water for him, she said he entered her home, aggressively groped her, unzipped and tried to remove her jacket, "kept trying to get in [her] pants", and said he wanted to "make magic" with her, leaving only once her dog started becoming aggressive while she was crying and begging him to go.
She said he used a knife to threaten her.
Even after he left, the woman said, he stood outside her home and watched her through a window.
This incident followed an earlier occasion when he'd tried to hug her.
After she was approved for the recognition payment the woman applied for a review, and requested a higher payment and financial assistance for immediate needs, which had been denied the first time, because she had lost her job due to stress.
But a senior assessor upheld the original decision, saying the two charges laid against the perpetrator were not separate incidents and there was no information to suggest the incidents were sexual assault.
The woman again sought a review before the NSW Civil and Administrative Tribunal (NCAT).
In an email to the tribunal in May 2024, she said the impact of the crimes was "profound and enduring".
"The trauma inflicted upon me has shattered my sense of security, leaving me in a constant state of fear and vulnerability," the woman said.
"The violation of my body and autonomy has left scars that extend far beyond the physical realm, infiltrating every aspect of my being."
She said she lost an exciting job opportunity as a result, and took issue with the characterisation of the incident as sexual touching.
The Commissioner of Victims Rights submitted that the crimes did not amount to sexual assault as defined in the Crimes Act, as they did not involve sexual intercourse.
To warrant a higher payment, the commissioner said the crimes had to include attempted sexual assault resulting in serious bodily injury, or assault resulting in grievous bodily harm.
The commissioner argued there was insufficient medical evidence to show either had occurred.
But NCAT senior member Michelle Riordan found the woman was the victim of an attempted sexual assault resulting in psychological injury - including post-traumatic stress disorder, anxiety and phobia - which continued to have a "debilitating" impact on her.
As a result, Ms Riordan said the woman was eligible for a higher category of recognition payment of $5000.
- Support is available for those who may be distressed. Phone Lifeline 13 11 14; 1800RESPECT 1800 737 732; Men's Referral Service 1300 776 491
Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
