Dyson defends ACC rape case response

ACC Minister Ruth Dyson says she is happy that ACC's decision to deny a lump-sum compensation claim made by a victim of a serial rapist was handled appropriately.

National MP Katherine Rich said yesterday that the Government must investigate why ACC denied lump-sum compensation to a victim of serial rapist Akeel Hassan Abbas Al Baiiaty.

The 20-year-old student was raped by Baiiaty at a Wellington area hostel last year, just weeks after he was released from prison where he served a nine-year sentence for raping two Auckland prostitutes and assaulting another with a knife.

Baiiaty, a 35-year-old Iraqi refugee, was last week sentenced to preventive detention with a minimum non-parole period of seven years.

The victim, who cannot be named, applied to ACC for a lump-sum compensation payment on the grounds she suffered post-traumatic stress and anxiety problems caused by the rape.

A specialist who treated the victim told a Wellington District Court jury her injuries - internal lacerations and bruising to her legs - were the worst the doctor had seen.

ACC ruled she did not suffer a long-term injury.

Ms Rich said she did not see how the woman could not have qualified for ACC support.

"In the past financial year ACC paid out more than $20 million for sexual abuse," she said.

"In many cases it made award for claims where there was no investigation, no physical evidence, no identified perpetrator, no charges and no convictions.

"But this case as reported is clear."

However, Ms Dyson said claims the victim received no support or advice from ACC were baseless and untrue.

"The woman is covered by ACC for her injury. She has received funding for medical costs to cover GP visits and counselling."

Her application for lump-sum compensation was declined because her doctor had indicated her injuries were not permanent, she said.

"When her doctor does certify that she may have an ongoing impairment and that her injury has stabilised, then she will be able to reapply for lump-sum compensation."

The victim was entitled to have her GP and counselling costs paid for in the meantime, Ms Dyson said.

"It appears ACC has handled this sensitive case carefully and appropriately, and entirely within the requirements of the legislation."

- NZPA