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Peter Ellis
web site - Christchurch crèche case |
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A woman exposed to HIV by
her boyfriend is fighting for compensation from ACC for the psychological
trauma she experienced. Her case, which could
set a legal precedent affecting other potential claimants, will be heard in
Wellington District Court today. The 34-year-old woman was
put at risk of contracting the disease after her partner failed to tell her
he was HIV-positive. He was charged with criminal nuisance and imprisoned for
nine months in 1999. The woman, who lives in
the South Island, has not contracted HIV. She has, however, been diagnosed as
suffering from post-traumatic stress disorder as a result of her experience. Her lawyer John Miller,
said ACC had rejected her claim for weekly compensation and assistance with
counselling in 1999. "The trauma of waiting for the results, the
brooding and worrying and all of that, can cause post-traumatic stress. In
this particular case, the woman has fortunately been found not to be
infected. But she's left with a mental injury." Mental injuries caused
by a sex crime, such as rape and assault, are covered by ACC, but criminal
nuisance is not one of the sex crimes listed in the ACC schedule. |
