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Dominion Post
March 15 2005

ACC declined compo to rape victim

The latest victim of serial rapist Akeel Hassan Abbas Al Baiiaty has been denied compensation from ACC, which says she did not suffer a long-term injury.

Al Baiiaty was sentenced to preventive detention with a minimum non-parole period of seven years last week. The Iraqi refugee came to New Zealand in 1994 and in 1997 raped two Auckland prostitutes and assaulted another with a knife intent on raping her too.

Only weeks after he was released from his nine-year prison sentence he moved into a hostel where the victim had been staying. He dragged her into his room and raped her. He was not removed from New Zealand after his last sentence because he was a New Zealand citizen. That has now been revoked.

The victim, who cannot be named, applied for compensation on the basis of post traumatic stress and anxiety problems caused by the rape.

She had wanted to seek counselling with any money she received and sought a lump-sum payment, but was declined because there was no permanent injury.

After the attack the victim was seen by a doctor who specialised in women who were attacked.

A Wellington District Court jury was told the victim's thighs were so badly bruised she was barely able to walk and had an internal laceration that bled for some time. She had the worst injuries of her kind that the doctor had seen.

The victim said she felt permanently changed by the attack and needed some help.

The victim said ACC did not offer any advice or support in her case.

She is a student and seriously out of pocket for doctor's bills.

ACC refuses to comment on individual cases.

ACC law expert John Miller said he was very surprised that the corporation had rejected her out of hand.

He said it was shocking in a situation where there had been a sexual violation. Some effort should have been made to ensure the victim was getting help.

Mr Miller plans to help the victim with advice about appealing against the ACC decision.